First Regular Session
Sixty-second General Assembly
LLS NO. 99-0605.01 Pam Cybyske SENATE BILL 99-125
STATE OF COLORADO
BY SENATOR Thiebaut;
also REPRESENTATIVE Zimmerman.
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE ESTABLISHMENT OF PARAMETERS FOR COLORADO
102 MINIMUM FAIR WAGES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Cites provisions relating to the minimum wage as the "Colorado
Minimum Fair Wages Act". Defines the following terms: "Agricultural
and farm work", "Employee", "Employer", "Fair wage", and "Oppressive
and unreasonable wage". Expands the definition of "occupation" to
include businesses or branches of business and allows the director of the
division of labor in the department of labor and employment ("director")
to exempt some occupations from application of the minimum fair wage.
Makes the payment of an oppressive and unreasonable wage
unlawful. Requires the director to investigate if there is reason to believe
a substantial number of employees are being paid an oppressive and
unreasonable wage.
Authorizes the director to determine what oppressive and
unreasonable wages are for an occupation. Provides the director with the
authority to determine what occupations may be exempted from the
minimum fair wage rate such as professional services, agricultural and
farm work, and occupations where the employee receives compensation
other than wages such as room and board, commissions, experience,
training, and the like.
Establishes the minimum fair wage rate and mandates that the
director shall not set a minimum fair wage rate for any occupation below
$6.50 per hour beginning July 1, 1999. Commencing July 1, 2000, the
director shall readjust the minimum fair wage rate annually, based on the
increase, if any, for the preceding calendar year in the consumer price
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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index for all urban consumers as published by the United States bureau
of labor statistics. Prohibits the director from decreasing the minimum
fair wage rate. Allows the director to establish a minimum wage rate
higher than an increase based on the consumer price index.
Permits the director, or wage board at the request of the director,
to establish a lower minimum fair wage rate for minors and occupations
declared by the director to be exempt. Allows the wage board, at the
request of the director, to determine if a wage paid to an employee by an
employer is oppressive and unreasonable.
Requires the director to review established minimum fair wage
rates as deemed necessary by the director, rather than every 4 years.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 6 of title 8, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW SECTION to read:
4 8-6-100.1. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
5 BE CITED AS THE "COLORADO MINIMUM FAIR WAGES ACT".
6 SECTION 2. 8-6-101, Colorado Revised Statutes, is amended to
7 read:
8 8-6-101. Legislative declaration. The welfare of the WORKERS
9 OF THE state of Colorado demands that THE workers be protected from
10 conditions of labor which have a pernicious HAVING A DETRIMENTAL
11 effect on their health and morals. and It is therefore declared in the
12 exercise of the police and sovereign power of the state of Colorado, that
13 inadequate wages and unsanitary conditions of labor exert such
14 pernicious effect TO BE AGAINST PUBLIC POLICY FOR ANY EMPLOYER TO
15 EMPLOY ANY PERSON IN AN OCCUPATION IN THIS STATE AT AN OPPRESSIVE
16 AND UNREASONABLE WAGE.
17 SECTION 3. 8-6-103 (5) and (6), Colorado Revised Statutes, are
18 amended, and the said 8-6-103 is further amended BY THE ADDITION
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1 OF THE FOLLOWING NEW SUBSECTIONS, to read:
2 8-6-103. Definitions. As used in this article, unless the context
3 otherwise requires:
4 (2.5) "AGRICULTURAL AND FARM WORK" MEANS LABOR ON A FARM
5 AND THE GROWING AND HARVESTING OF AGRICULTURAL, FLORICULTURAL,
6 AND HORTICULTURAL COMMODITIES.
7 (5) "Minor" means any person of either sex under the age of
8 eighteen years. "EMPLOYEE" MEANS EVERY PERSON IN THE SERVICE OF AN
9 EMPLOYER, UNDER ANY CONTRACT OF HIRE, EXPRESS OR IMPLIED, NOT
10 INCLUDING AN ELECTIVE OFFICIAL OF THE STATE, OR OF ANY CITY,
11 COUNTY, CITY AND COUNTY, TOWN, OR ANY IRRIGATION, DRAINAGE,
12 SCHOOL, OR SPECIAL DISTRICT, AND NOT INCLUDING ANY OFFICER OR
13 ENLISTED PERSON OF THE NATIONAL GUARD OF THE STATE OF COLORADO.
14 (6) "Occupation" means every vocation, trade, pursuit, and
15 industry. "EMPLOYER" MEANS:
16 (a) THE STATE, EACH CITY, COUNTY, CITY AND COUNTY, TOWN,
17 AND EACH IRRIGATION, DRAINAGE, SCHOOL, AND SPECIAL DISTRICT, AND
18 ALL PUBLIC INSTITUTIONS AND ADMINISTRATIVE BOARDS THEREOF HAVING
19 FOUR OR MORE EMPLOYEES;
20 (b) EVERY PERSON, ASSOCIATION OF PERSONS, FIRM, AND PRIVATE
21 CORPORATION, INCLUDING ANY PUBLIC SERVICE CORPORATION, MANAGER,
22 PERSONAL REPRESENTATIVE, ASSIGNEE, TRUSTEE, AND RECEIVER WHO HAS
23 FOUR OR MORE PERSONS REGULARLY ENGAGED IN THE SAME BUSINESS OR
24 EMPLOYMENT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
25 ARTICLE, IN SERVICE UNDER ANY CONTRACT OF HIRE, EXPRESS OR IMPLIED.
26 (7.1) "FAIR WAGE" MEANS A WAGE FAIRLY AND REASONABLY
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1 COMMENSURATE WITH THE VALUE OF THE SERVICE OR CLASS OF SERVICE
2 RENDERED.
3 (8) "MINOR" MEANS ANY PERSON UNDER THE AGE OF EIGHTEEN
4 YEARS.
5 (9) "OCCUPATION" MEANS EVERY VOCATION, TRADE, PURSUIT,
6 INDUSTRY, AND BUSINESS OR BRANCH OR CLASS OF WORK OF SAID
7 VOCATION, TRADE, PURSUIT, INDUSTRY, AND BUSINESS, WHETHER
8 OPERATED FOR PROFIT OR OTHERWISE, AND ANY OTHER CLASS OF WORK IN
9 WHICH PERSONS ARE GAINFULLY EMPLOYED.
10 (10) "OPPRESSIVE AND UNREASONABLE WAGE" MEANS A WAGE
11 THAT IS BOTH LESS THAN THE FAIR AND REASONABLE VALUE OF THE
12 SERVICES RENDERED AND INADEQUATE TO SUPPLY THE COST OF LIVING
13 NECESSARY TO MAINTAIN THE HEALTH OF THE WORKERS SO EMPLOYED.
14 SECTION 4. 8-6-104, Colorado Revised Statutes, is amended to
15 read:
16 8-6-104. Wages shall be adequate - conditions healthful and
17 moral. It is unlawful to employ workers in any occupation within the
18 state of Colorado for wages which are inadequate to supply the necessary
19 cost of living and to maintain the health of the workers so employed AN
20 OPPRESSIVE AND UNREASONABLE WAGE. It is unlawful to employ workers
21 in any occupation within this state under conditions of labor detrimental
22 to their health or morals.
23 SECTION 5. 8-6-105, Colorado Revised Statutes, is amended to
24 read:
25 8-6-105. Director to investigate. It is the duty of the director to
26 inquire into the wages paid to employees and into the conditions of labor
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1 surrounding said employees in any occupation in this state if the director
2 has reason to believe that said conditions of labor are detrimental to the
3 health or morals of said employees or that the wages paid to a substantial
4 number of employees are inadequate to supply the necessary cost of
5 living and to maintain such employees in health OPPRESSIVE AND
6 UNREASONABLE. At the request of not less than twenty-five persons
7 engaged in any occupation, the director shall forthwith make such
8 investigation as is provided in this article. Such investigation may be
9 made at any time, upon the initiative of the director.
10 SECTION 6. 8-6-106, Colorado Revised Statutes, is amended to
11 read:
12 8-6-106. Determination of minimum wage and conditions.
13 (1) The director shall determine the minimum FAIR wages sufficient for
14 living wages for persons of ordinary ability, including: THE minimum
15 FAIR wages sufficient for living wages, whether paid according to time
16 rate or piece rate; the minimum wages sufficient for living wages for
17 learners and apprentices; standards of conditions of labor and hours of
18 employment not detrimental to health or morals for workers; WHAT ARE
19 OPPRESSIVE AND UNREASONABLE WAGES FOR AN OCCUPATION; WHAT
20 OCCUPATIONS ARE EXEMPT FROM THE APPLICATION OF THE MINIMUM FAIR
21 WAGE; and what are unreasonably long hours.
22 (2) ALL WAGES ESTABLISHED BY THE DIRECTOR SHALL BE A FAIR
23 WAGE AND SHALL NOT BE OPPRESSIVE AND UNREASONABLE.
24 (3) IN ESTABLISHING A MINIMUM FAIR WAGE FOR ANY SERVICE OR
25 CLASS OF SERVICE UNDER THIS ARTICLE, THE DIRECTOR AND WAGE BOARD,
26 WITHOUT BEING BOUND BY ANY TECHNICAL RULES OF EVIDENCE OR
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1 PROCEDURE, SHALL:
2 (a) TAKE INTO ACCOUNT THE COST OF LIVING AND ALL OTHER
3 RELEVANT CIRCUMSTANCES AFFECTING THE VALUE OF THE SERVICE OR
4 CLASS OF SERVICE RENDERED;
5 (b) BE GUIDED BY LIKE CONSIDERATIONS AS WOULD GUIDE A
6 COURT IN A SUIT FOR THE REASONABLE VALUE OF SERVICES RENDERED
7 WHERE SERVICES ARE RENDERED AT THE REQUEST OF AN EMPLOYER IN THE
8 ABSENCE OF AN EXPRESS CONTRACT AS TO THE AMOUNT OF THE WAGE TO
9 BE PAID; AND
10 (c) CONSIDER THE WAGES PAID IN THE STATE FOR WORK OF LIKE OR
11 COMPARABLE CHARACTER BY EMPLOYERS WHO VOLUNTARILY MAINTAIN
12 MINIMUM FAIR WAGE STANDARDS.
13 (4) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE
14 DIRECTOR SHALL NOT ESTABLISH A MINIMUM FAIR WAGE RATE FOR ANY
15 OCCUPATION LOWER THAN THE AMOUNTS PROVIDED IN SECTION 8-6-108.5
16 (1).
17 SECTION 7. 8-6-107 (2), Colorado Revised Statutes, is amended
18 to read:
19 8-6-107. Powers of director - duty of employer. (2) Every
20 employer shall keep a register of the names, ages, dates of employment,
21 and residence addresses of all employees. It is the duty of every such
22 employer whether a person, firm, or corporation, to furnish to the
23 director, upon request, any reports or information which THAT the director
24 may require to carry out the purposes of this article, such reports and
25 information to be verified by the oath of the person, or a member, of the
26 firm or the president, secretary, or manager of the corporation EMPLOYER,
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1 furnishing the same if and when so requested by the director; and the
2 director or any authorized representative shall be allowed free access to
3 the place of business of such employer for the purpose of making any
4 investigation authorized by this article.
5 SECTION 8. 8-6-108.5, Colorado Revised Statutes, is amended
6 to read:
7 8-6-108.5. Minimum wage. (1) (a) Effective July 1, 1977, the
8 minimum wage for minors may be fifteen percent below the minimum
9 wage for other workers; except that the full minimum wage shall be paid
10 to any emancipated minor. An emancipated minor shall mean any
11 individual less than eighteen years of age who:
12 (a) Has the sole or primary responsibility for his own support;
13 (b) Is married and living away from parents or guardian;
14 (c) Is able to show that his well-being is substantially dependent
15 upon being gainfully employed. THE MINIMUM FAIR WAGE RATE FOR ANY
16 OCCUPATION AS PROVIDED IN THIS ARTICLE SHALL BE A RATE OF NOT LESS
17 THAN SIX DOLLARS AND FIFTY CENTS PER HOUR BEGINNING JULY 1, 1999.
18 COMMENCING JULY 1, 2000, THE DIRECTOR SHALL ANNUALLY READJUST
19 THE MINIMUM FAIR WAGE RATE, BASED ON THE INCREASE, IF ANY, FOR THE
20 PRECEDING CALENDAR YEAR IN THE CONSUMER PRICE INDEX FOR ALL
21 URBAN CONSUMERS AS PUBLISHED BY THE UNITED STATES BUREAU OF
22 LABOR STATISTICS; EXCEPT THAT IN NO EVENT SHALL THE DIRECTOR
23 DECREASE THE MINIMUM WAGE RATE. THE DIRECTOR MAY READJUST THE
24 MINIMUM FAIR WAGE RATE HIGHER THAN THE AMOUNT BASED ON THE
25 CONSUMER PRICE INDEX, EVEN IF THERE IS NO INCREASE IN THE CONSUMER
26 PRICE INDEX, IN ACCORDANCE WITH THIS SECTION.
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1 (b) NOTHING IN PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL
2 PROHIBIT THE DIRECTOR FROM ESTABLISHING A LOWER MINIMUM FAIR
3 WAGE RATE FOR OCCUPATIONS THAT ARE EXEMPT PURSUANT TO
4 SUBSECTION (2) OF THIS SECTION.
5 (2) An employer may pay a rate of fifteen percent lower than the
6 minimum wage to persons certified by the director to be less efficient due
7 to a physical disability. THE DIRECTOR MAY ESTABLISH A MINIMUM FAIR
8 WAGE RATE LOWER THAN THAT IDENTIFIED IN SUBSECTION (1) OF THIS
9 SECTION FOR MINORS AND OCCUPATIONS DECLARED BY THE DIRECTOR TO
10 BE EXEMPT, SUCH AS PROFESSIONAL SERVICE, AGRICULTURAL AND FARM
11 WORK, OR WORK IN WHICH AN EMPLOYEE RECEIVES COMPENSATION OTHER
12 THAN WAGES, SUCH AS ROOM AND BOARD, COMMISSIONS, TRAINING,
13 EXPERIENCE, AND THE LIKE; EXCEPT THAT THE FULL MINIMUM FAIR WAGE
14 RATE SHALL BE PAID TO ANY EMANCIPATED MINOR. AN "EMANCIPATED
15 MINOR" MEANS ANY INDIVIDUAL LESS THAN EIGHTEEN YEARS OF AGE WHO:
16 (a) HAS BEEN DECLARED EMANCIPATED BY ANY COURT OF
17 COMPETENT JURISDICTION;
18 (b) HAS THE SOLE OR PRIMARY RESPONSIBILITY FOR HIS OR HER
19 OWN SUPPORT;
20 (c) IS MARRIED AND LIVING AWAY FROM A PARENT, LEGAL
21 GUARDIAN, OR CUSTODIAN; OR
22 (d) IS ABLE TO ESTABLISH THAT HIS OR HER WELL-BEING IS
23 SUBSTANTIALLY DEPENDENT UPON BEING GAINFULLY EMPLOYED.
24 (3) The director may issue only such regulations RULES as are
25 necessary to carry out the provisions of this article and as are consistent
26 with the purposes and intent of section 8-6-101.
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1 SECTION 9. 8-6-109 (1), Colorado Revised Statutes, is amended
2 to read:
3 8-6-109. Methods of establishing minimum wages - wage
4 board. (1) If after investigation the director is of the opinion that the
5 conditions of employment surrounding said employees are detrimental to
6 the health or morals or that a substantial number of workers in any
7 occupation are receiving OPPRESSIVE AND UNREASONABLE wages,
8 whether by time rate or piece rate, inadequate to supply the necessary
9 costs of living and to maintain the workers in health, the director shall
10 proceed to establish minimum FAIR wage rates either directly or by the
11 indirect method described in subsection (2) of this section. If he THE
12 DIRECTOR selects the direct method, the director shall establish the
13 minimum FAIR wage rates.
14 SECTION 10. 8-6-110, Colorado Revised Statutes, is amended
15 to read:
16 8-6-110. Wage board - duties - report - quorum. The director
17 may transmit to each wage board all pertinent information in his OR HER
18 possession relative to the wages paid or material to the subject of inquiry
19 of the occupation in question. Each wage board shall endeavor to
20 determine, if requested so to do by the director, the standard conditions
21 of employment; the minimum FAIR wage, whether by time rate or piece
22 rate, adequate to maintain in health and to supply with the necessary cost
23 of living an employee of ordinary ability in the occupation in question, or
24 in any branches thereof; WHETHER THE WAGES PAID TO THE EMPLOYEE BY
25 THE EMPLOYER ARE OPPRESSIVE AND UNREASONABLE; and suitable
26 minimum FAIR wages graded, so far as practicable, on a rising scale
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1 toward the minimum allowed experienced workers, for learners and
2 apprentices FOR MINORS AND THOSE OCCUPATIONS DECLARED BY THE
3 DIRECTOR TO BE EXEMPT. When a majority of the members of a wage
4 board agree upon standard conditions of employment or minimum wage
5 board determinations, they shall report such determinations to the
6 director, together with the reasons therefor and the facts relating thereto.
7 A majority of the members of any such wage board shall constitute a
8 quorum.
9 SECTION 11. 8-6-112, Colorado Revised Statutes, is amended
10 to read:
11 8-6-112. New determination of wages and conditions.
12 Whenever a minimum FAIR wage rate or a new standard of conditions of
13 employment has been established in any occupation, the director, if he OR
14 SHE deems proper or necessary so to do, upon petition of either employers
15 or employees, may reconvene the wage board or establish a new wage
16 board, and any recommendation made by such board shall be dealt with
17 in the same manner as the original recommendation of a wage board.
18 Pending any new determination, any minimum FAIR wage rate and any
19 new standard of conditions of employment theretofore established shall
20 be and continue in force and effect. It is the duty of the director to survey
21 and review for adequacy established wage orders made pursuant to the
22 provisions of section 8-6-111 at least every four years AS DEEMED
23 NECESSARY BY THE DIRECTOR, whether or not the director is petitioned to
24 do so by either employers or employees.
25 SECTION 12. 8-6-116, Colorado Revised Statutes, is amended
26 to read:
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1 8-6-116. Violation - penalty. The minimum FAIR wages fixed by
2 the director, as provided in this article, shall be the minimum FAIR wages
3 paid to the employees, and the payment to such employees of a wage less
4 than the minimum so fixed is unlawful, and every employer or other
5 person who, individually or as an officer, agent, or employee of a
6 corporation AN EMPLOYER, or other person, pays or causes to be paid to
7 any such employee a wage less than the minimum FAIR WAGE is guilty of
8 a misdemeanor and, upon conviction thereof, shall be punished by a fine
9 of not less than one hundred dollars nor more than five hundred dollars,
10 or by imprisonment in the county jail for not less than thirty days nor
11 more than one year, or by both such fine and imprisonment.
12 SECTION 13. 8-6-117, Colorado Revised Statutes, is amended
13 to read:
14 8-6-117. Minimum fair wage presumed reasonable -
15 conclusiveness. In every prosecution for the violation of any provision
16 of this article, the minimum FAIR wage established by the director shall
17 be prima facie presumed to be reasonable and lawful and the wage
18 required to be paid. The findings of fact made by the director acting
19 within prescribed powers, in the absence of fraud, shall be conclusive.
20 SECTION 14. 8-6-118, Colorado Revised Statutes, is amended
21 to read:
22 8-6-118. Recovery of balance of minimum fair wage. An
23 employee receiving less than the legal minimum FAIR wage applicable to
24 such employee is entitled to recover in a civil action the unpaid balance
25 of the full amount of such minimum FAIR wage, together with costs of
26 suit, notwithstanding any agreement to work for a lesser wage.
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1 SECTION 15. 8-6-119, Colorado Revised Statutes, is amended
2 to read:
3 8-6-119. Investigation of complaints. Any person may register
4 with the division a complaint that the wages paid to an employee for
5 whom a rate has been established are less than that rate, and the director
6 shall investigate the matter and take all proceedings necessary to enforce
7 the payment of the minimum FAIR wage rate.
8 SECTION 16. Effective date. This act shall take effect July 1,
9 1999.
10 SECTION 17. Safety clause. The general assembly hereby
11 finds, determines, and declares that this act is necessary for the immediate
12 preservation of the public peace, health, and safety.