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Second Regular Session
Sixty-first General Assembly
LLS NO. 980468.01 BWM
HOUSE BILL 981199
STATE OF COLORADO
BY REPRESENTATIVE Schauer;
also Senator Schroeder.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING ADHERENCE TO THE EXEMPTIONS FROM OVERTIME
RECOGNIZED BY THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1938"
IN DETERMINING REQUIREMENTS FOR OVERTIME IN COLORADO.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Specifies that, in determining conditions of employment
including overtime, neither the director of the division of labor
nor any wage board established by the director may eliminate,
modify, overrule, or otherwise change any of the exemptions from
overtime specified in the federal "Fair Labor Standards Act
of 1938". Repeals minimum wage order number 21, adopted
by the executive director of the department of labor and employment
on August 7, 1997.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 86106, Colorado Revised Statutes, is amended to read:
86106. Determination of minimum wage and conditions. The director shall determine the minimum wages sufficient for living wages for persons of ordinary ability, including minimum wages sufficient for living wages, whether paid according to time rate or piece rate; the minimum wages sufficient for living wages for learners and apprentices; AND, SUBJECT TO THE PROVISIONS OF SECTION 86111 (4) (b), standards of conditions of labor and hours of employment not detrimental to health or morals for workers and what are unreasonably long hours.
SECTION 2. 86111 (4), Colorado Revised Statutes, is amended to read:
86111. Director to review
report. (4) (a) Overtime,
at a rate of one and onehalf times the regular rate of pay
may be permitted
by the director under
conditions ONLY AS PRESCRIBED BY
THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1938", 29 U.S.C.
SEC. 213, and rules and
MAY BE PROMULGATED for increased minimum wages which
THAT the director, after investigation, determines and prescribes
by order and which
THAT shall apply equally to all employers in such industry or
(b) NEITHER THE DIRECTOR NOR ANY WAGE BOARD ESTABLISHED BY THE DIRECTOR MAY ELIMINATE, MODIFY, OVERRULE, OR OTHERWISE CHANGE IN ANY MANNER ANY OF THE EXEMPTIONS AND OVERTIME PROVISIONS RECOGNIZED BY THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1938", 29 U.S.C. SEC. 213.
SECTION 3. Repeal of minimum wage order number 21. Minimum wage order number 21, adopted by the executive director of the department of labor and employment on August 7, 1997, and effective October 1, 1997, is hereby repealed.
SECTION 4. Effective date applicability. This act shall take effect upon passage, and shall apply to wages paid and hours worked on or after said date.
SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.