CO Code § 8-6-101 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 6 - Minimum Wages of Workers|§ 8-6-101. Legislative Declaration - Minimum Wage of Workers - Authority of a Local Government to Enact Minimum Wage Laws - Enforcement - Report - Severability - Definition

  The welfare of the state of Colorado demands that workers be protected from conditions of labor that have a pernicious effect on their health and morals, and it is therefore declared, in the exercise of the police and sovereign power of the state of Colorado, that inadequate wages and unsanitary conditions of labor exert such pernicious effect.    Repealed.        Notwithstanding any other provision of law, a local government may enact through its governing body or, when available, through its initiative or referendum powers, a law establishing minimum wages for individuals performing, or expected to perform, four or more hours of work for an employer in any given week within the geographic boundaries of the local government's jurisdiction. Minimum wages established in accordance with this section may exceed the statewide minimum wage established in accordance with section 15 of article XVIII of the state constitution, any other minimum wage established by state law, or any minimum wage established by federal law; except that a local government that enacts a minimum wage in accordance with this subsection (3) shall provide a tip offset for employees of any business or enterprise that prepares and offers for sale food or beverages for consumption either on or off the premises equal to the tip offset provided in section 15 of article XVIII of the state constitution. The tip offset applies only to employees who regularly receive tips and only when a tip offset is permitted by state law. A local government shall not include in its minimum wage law time spent in the local government's jurisdiction by an employee solely for the purpose of traveling through the local government's jurisdiction from a point of origin outside of the local government's boundaries to a destination outside of the local government's boundaries, with no employment-related or commercial stops in the local government's jurisdiction, except for refueling or the employee's personal meals or errands. (a) (I)Notwithstanding any other provision of law, a local government may enact through its governing body or, when available, through its initiative or referendum powers, a law establishing minimum wages for individuals performing, or expected to perform, four or more hours of work for an employer in any given week within the geographic boundaries of the local government's jurisdiction. Minimum wages established in accordance with this section may exceed the statewide minimum wage established in accordance with section 15 of article XVIII of the state constitution, any other minimum wage established by state law, or any minimum wage established by federal law; except that a local government that enacts a minimum wage in accordance with this subsection (3) shall provide a tip offset for employees of any business or enterprise that prepares and offers for sale food or beverages for consumption either on or off the premises equal to the tip offset provided in section 15 of article XVIII of the state constitution. The tip offset applies only to employees who regularly receive tips and only when a tip offset is permitted by state law. A local government shall not include in its minimum wage law time spent in the local government's jurisdiction by an employee solely for the purpose of traveling through the local government's jurisdiction from a point of origin outside of the local government's boundaries to a destination outside of the local government's boundaries, with no employment-related or commercial stops in the local government's jurisdiction, except for refueling or the employee's personal meals or errands.    All adult employees and emancipated minors, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than the minimum wage enacted by the local government through its governing body or through initiative or referendum powers.       A local government that enacts a minimum wage law in accordance with this subsection (3) may adopt provisions for the local enforcement of the law, including:   A private right of action to enforce the requirement in a court of competent jurisdiction;    At levels that may exceed those set by state law:   Fines and penalties;    Payment of unpaid wages or unpaid overtime based on those wages;    Liquidated damages;    Interest;    Costs and attorney fees payable to any affected prevailing employee; and    Costs and attorney fees payable to the local government or its designated enforcement departments;       Procedures for the local government to order any appropriate or equitable relief; and    Other provisions necessary for the efficient and cost-effective enforcement of a local minimum wage law.         Except as provided in subsection (3)(c)(II) of this section, a local minimum wage adopted by a county is only enforceable within the unincorporated portion of the county. (c) (I) Except as provided in subsection (3)(c)(II) of this section, a local minimum wage adopted by a county is only enforceable within the unincorporated portion of the county.    One or more contiguous counties and any municipality within each county may enter into intergovernmental agreements to establish a local minimum wage law within the unincorporated portion of each county and within each municipality. An intergovernmental agreement entered into in accordance with this subsection (3)(c) must establish the manner in which a local government minimum wage law will be enforced and administered.       Before enacting a minimum wage law, a local government shall consult with surrounding local governments and engage stakeholders, including chambers of commerce, small and large businesses, businesses that employ tipped workers, workers, labor unions, and community groups.       For purposes of this section, “local government” means a:   City;    Home rule city;    Town;    Territorial charter city;    City and county;    County; or    Home rule county.       If any provision of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this section are valid, unless it appears to the court that the valid provisions of this section are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the legislature would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.    A local government that enacts a local minimum wage law pursuant to this section must specify that an increase in the local minimum wage must take effect on the same date as a scheduled increase to the statewide minimum wage required under section 15 of article XVIII of the state constitution.    If a local government enacts a local minimum wage law requiring a minimum wage that exceeds the statewide minimum wage, the local government may only increase the local minimum wage each year by up to one dollar and seventy-five cents or fifteen percent, whichever is higher, until the local minimum wage reaches the amount enacted by the local government.      By July 1, 2021, the executive director of the department of labor and employment shall issue a written report regarding local minimum wage laws in the state. The report must include the location, nature, and scope of enacted local minimum wage laws. To the extent feasible, the executive director shall also include in the report economic data, including jobs, earnings, and sales tax revenue, in the jurisdiction of any local government that has enacted a local minimum wage law pursuant to this section, as well as data for neighboring jurisdictions, relevant regions, and the state. The report may include recommendations for possible improvements to this section.    The executive director shall update the report by July 1 each year thereafter if an additional local government enacts a minimum wage law after July 1 of the year prior.      The executive director shall submit the report required in this subsection (8) to the senate local government committee and the house of representatives transportation and local government committee, or their successor committees. (c) (I) The executive director shall submit the report required in this subsection (8) to the senate local government committee and the house of representatives transportation and local government committee, or their successor committees.    Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (8) continues indefinitely.            The executive director of the department of labor and employment shall notify the executive director of the department of health care policy and financing if a local government enacts a minimum wage that exceeds the statewide minimum wage.    If the executive director of the department of health care policy and financing receives notice pursuant to subsection (9)(a) of this section, the executive director shall, as soon as practicable, submit a report to the joint budget committee with recommendations about whether provider rates, with the exception of rates for an eligible nursing facility provider as defined in section 25.5-6-201 (15.5), need to be increased to accommodate the local government's minimum wage increase and if establishing a fund to pass through those increases to facilities in the jurisdiction of the local government that has raised the minimum wage is necessary.    Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (9) continues indefinitely.         If at any point ten percent of local governments in the state have enacted a local minimum wage law pursuant to this section, a local government that has not previously enacted a local minimum wage law shall not enact a local minimum wage law pursuant to this section until the general assembly has amended this section to authorize additional local governments to enact local minimum wage laws. A local government that enacted a local minimum wage law prior to the point at which ten percent of local governments have enacted a local minimum wage law may continue to amend that law.    For purposes of determining whether ten percent of local governments in the state have enacted a local minimum wage law pursuant to this section, when a county enacts a local minimum wage law, if a local minimum wage law is enacted by any local government located within that county, only the county's minimum wage law counts toward the calculation of the ten percent. If local governments enter into an intergovernmental agreement on the enforcement or administration of local minimum wage policies, that will only be counted as one local minimum wage for determining the calculation of the ten percent.        History. Source: L. 17: P. 380, § 1. C.L. § 4262. CSA: C. 97, § 236. CRS 53: § 80-9-1. C.R.S. 1963: § 80-7-1. L. 77: Entire section amended, p. 428, § 2, effective July 1. L. 99: Entire section amended, p. 289, § 2, effective April 14. L. 2019: (2) repealed, (3) amended, and (4) to (10) added,(HB 19-1210), ch. 320, p. 2972, § 4, effective January 1, 2020. History. Source: L. 17: P. 380, § 1. C.L. § 4262. CSA: C. 97, § 236. CRS 53: § 80-9-1. C.R.S. 1963: § 80-7-1. L. 77: Entire section amended, p. 428, § 2, effective July 1. L. 99: Entire section amended, p. 289, § 2, effective April 14. L. 2019: (2) repealed, (3) amended, and (4) to (10) added,(HB 19-1210), ch. 320, p. 2972, § 4, effective January 1, 2020.    Cross references:   For the legislative declaration in HB 19-1210, see section 1 of chapter 320, Session Laws of Colorado 2019.   ANNOTATION   Law reviews. For note, “Colorado Wage and Hour Law: Analysis and Some Suggestions”, see 36 U. Colo. L. Rev. 223 (1964). For article, “The Migrant Farm Worker in Colorado -- The Life and the Law”, see 40 U. Colo. L. Rev. 45 (1967).   This article, as a prerequisite to its operation, contemplates the relationship of employer and employee, and where that relationship does not exist, a minimum wage order is null and void. Indus. Comm'n v. Am. Beauty Coll., Inc., 167 Colo. 269 , 447 P.2d 531 (1968).   The wage claim act applies only to workers in the state. Worker who did not work in and is not a resident of the state has no standing to assert a claim under the act. Abdulina v. Eberl's Temp. Servs., 79 F. Supp. 3d 1201 (D. Colo. 2015 ).