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Home My WebLink About980683.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR SUMMER JOB HUNT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Contract for Summer Job Hunt between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Labor and Employment, commencing April 13, 1998, and ending August 7, 1998, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Contract for Summer Job Hunt between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Labor and Employment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of April, A.D., 1998, nunc pro tunc April 13, 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /► '�' j< Consta ce L. Harb , Chair Weld County epard / ��„ �/Jft 1 O �� W. H. ebster, ro-T� BY: Deputy Cler �►:'�! , ..�:i� / X 'Ka i( org . Baxter AP V AS TO ORM: A Dale K. Hall County Attor y EXCUSED Barbara J. Kirkmeyer 980683 C � /-M1 HR0069 mEmoRAnDum WilkBoard of Weld County Commissioners `) 1\►rconstance L. Harbert, Chairman Date April 20, 1998 N COLORADO From Walter J. Speckman, Executive Director of Human Services of Weld County Subject. Contract between Weld County and Colorado Department of Labor and Employment, Summer Job Hunt Enclosed for Board approval, is a contract between the Colorado Department of Labor and Employment and Weld County. The contract is for the operation of the 1998 Governor's Summer Job Hunt Program under Employment Services of Weld County. This program is designed to assist youth, ages 16-21, acquire employment-seeking skills and obtaining employment. Funding provided for the program is $10,000.00, and the performance period is from April 13, 1998 through August 7, 1998. If you have any questions, please telephone me at 353-3800, extension 3317. 980683 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. This INTERGOVERNMENTAL CONTRACT is made this 13TH day of APRIL, 1998, by and between: THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, for the use and benefit of the, WELD COUNTY DIVISION OF HUMAN SERVICES 915 10th Street P.O. Box 758 Greeley, CO 80631 (Contractor) and THE STATE OF COLORADO, acting by and through the, DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street Tower 2, Suite 700 Denver,CO 80202-2117 (State) WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance remains available for payment in Fund Number 100, Organizational Unit Code Number 4111,Appropriation Code Number 306, Program Code Number 1100, Function Code Number 7500, and Grant Budget Line Code Number 3217, under Contract Encumbrance Number C981278; WHEREAS,the State has a currently effective Group II delegation agreement from the Division of Purchasing; WHEREAS,the State has a currently effective delegation agreement from the Office of the State Controller; WHEREAS, the Contractor has been designated as a sole source entity for the delivery of employment services in Weld County, Colorado pursuant to the parties' previous Intergovernmental Contracts (State Routing numbers 91-76, 95-175, and 96-1032); WHEREAS, the Governor's Summer Job Hunt is a special summer program designed to assist all young people between the ages of 16 and 21, regardless of income, in obtaining summer employment; and, Page 1 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with all appropriate agencies. NOW, THEREFORE, the parties hereto agree that: A. EFFECTIVE DATE and TERM. The effective date of this Intergovernmental Contract is April 13. 1998. The initial term of this Intergovernmental Contract shall commence on April 13. 1998, and end on August 7. 1998. B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR. The Contractor shall: 1. Establish within Weld County, Colorado a Summer Job Hunt Office which shall provide the following services: A. Reception services and acceptance of applications; B. Assistance in completing applications; C. Common assessment and appraisal of each applicant including the determination of the appropriateness of subsidized vs. non-subsidized job referral for each applicant, as well as a determination of services needed by the client and arrangements for such services as available; D. Select and refer,where appropriate, qualified youth applicants for available job vacancies ensuring that the employment will be, whenever possible, a career exploration experience, both subsidized and non-subsidized, in Weld County; E. Follow up with each job referral and verify actual placement or the lack of placement for each job referral; F. Work with other local cooperating agencies, particularly School-to-Career, in planning and implementing an employer relations and employer contact program to develop jobs for participants in the Summer Job Hunt Program; G. Accept Job Orders provided by the Public Education & Business Coalition according to the pre-arranged procedures. The Employer Relations Unit of the Contractor shall be responsible for all employer relations. H. Follow the procedures as outlined in the Governor's Summer Job Hunt Program Policy Guidance Letter of 1998 incorporated herein by this reference, made a part hereof, and attached hereto as"Attachment A"; Page 2 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. I. Utilize the concept of"youth helping youth" to operate a "labor exchange" program. J. Assign or hire staff members to operate the Summer Job Hunt and Summer Youth Employment and Training programs; K. Abide by the regulations and requirements of respective personnel systems; L. Refer youth to Job Search Skills training; M. Provide counseling services or referral to existing counseling services within Weld County as needed by Summer Job Hunt Program applicants; and, N. Explore and make available opportunities for work experience to qualified Summer Job Hunt program applicants. O. Reporting requirement is outlined in "Attachment A," Policy Guidance Letter of 1998. 2. In performing those duties identified in B.1. above,the Contractor shall satisfy the following performance standards. A. 415 youth shall be placed in non-subsidized jobs; B. 165 youth shall be provided Job Search Skills; and, C. 85 youth shall be placed in the "Obtained Employments" category. 3. The Contractor shall invoice the State for actual costs incurred by the Contractor in performing its duties and obligations under this Intergovernmental Contract. The invoice shall detail each cost by source(e.g., supplies, rent, personnel, etc.) and amount. Invoices shall be sent to: Colorado Department of Labor and Employment Finance Office 1515 Arapahoe, Street,Tower 2, Suite 700, Denver, CO 80202-2117 Attn: Accounts Payable C. DUTIES AND OBLIGATIONS OF THE STATE. The State shall, upon receipt of a proper invoice and after verifying the services performed, reimburse the Contractor for those costs Page 3 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. incurred by the Contractor in performing its duties and obligations under this Intergovernmental Contract. Under no circumstance, however, shall the State's total financial obligation to the Contractor under this Intergovernmental Contract exceed Ten Thousand Dollars ($10,000.00). D. ADDITIONAL PROVISIONS. 1. LEGAL AUTHORITY. The parties warrant that each possesses actual, legal authority to enter into this Intergovernmental Contract. The parties further warrant that each has taken all actions required by its applicable law, procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Intergovernmental Contract and bind that party to its terms. The person or persons signing this Intergovernmental Contract, or any attachments or amendments hereto, also warrant(s)that such person(s) possesses actual, legal authority to execute this Intergovernmental Contract, and any attachments or amendments hereto, on behalf of that party. 2. CONFLICT OF INTEREST. A. For purposes of this Intergovernmental Contract, "conflict of interest" is defined to mean: the relationship of the Contractor with the State when the Contractor also maintains a relationship with a third party and the two relationships are in opposition to each other. In order to create an "appearance of a conflict of interest", it is not necessary for the Contractor to gain financially from the knowledge of opposing interests. It is sufficient that the Contractor only knows that the two relationships are in opposition to each other. B. For purposes of this Intergovernmental Contract, "appearance of a conflict of interest" is defined to mean: the relationship of the Contractor with the State when the Contractor also maintains a relationship with a third party and the two relationships are in apparent opposition to each other. In order to create an "appearance of a conflict of interest", it is not necessary for the Contractor to gain financially from the knowledge of apparently opposing interests. It is sufficient that the Contractor only knows that the two relationships are in apparent opposition to each other. C During the term of this Intergovernmental Contract,the Contractor shall not enter into any third party relationship that creates an actual conflict of interest or gives the appearance of a conflict of interest. Upon discovering a conflict of interest or the appearance of a conflict of interest, the Contractor shall forthwith fully disclose to the State the details surrounding the conflict of interest or the appearance of a conflict of interest. Failure to promptly and fully disclose, as Page 4 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. required by this clause, shall constitute grounds for the immediate termination of this Intergovernmental Contract by the State. 3. INSURANCE(MINIMUM REQUIREMENTS FOR ALL INTERGOVERNMENTAL CONTRACTS). The Contractor shall procure, at its own expense, and maintain in effect for the duration of this Intergovernmental Contract, the following insurance coverages: A. If the Contractor is a"public entity"within the meaning of the Colorado Governmental Immunity Act("CGIA"), section 24-10-101, et seq., I0A C.R.S., as amended, then the Contractor shall at all times during the term of this Intergovernmental Contract maintain such liability insurance, by either commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. Upon request by the State,the Contractor shall show proof of such insurance to the State. B. As required by State law, standard Workers' Compensation insurance, including occupational disease; and, Employer Liability insurance,which covers all employees,on or off the work site,while acting within the course and scope of employment, in the amounts prescribed by applicable State law. C. The Contractor shall provide such other insurance as may be required by law, or in a specific solicitation. 4. RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE CONTRACTOR NOR ANY EMPLOYEE OR AGENT OF THE CONTRACTOR SHALL BE,OR SHALL BE DEEMED TO BE.AN EI'VIPLOYEE OR AGENT OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALL REOUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS INTERGOVERNMENTAL CONTRACT. THE CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CONTRACTOR SHALL HAVE NO AUTHORIZATION.EITHER EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION INSURANCE COVERAGE (AND SHOW PROOF OF SUCH INSURANCE COVERAGE) AND Page 5 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REOUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS. 5. FEDERAL CERTIFICATION ON DEBARMENT AND SUSPENSION (REQUIRED FOR ALL CONTRACTS ABOVE$25,000). The Contractor agrees to comply with all applicable regulations pursuant to Executive Order 12549, including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990). The Contractor further agrees to complete the required "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions", incorporated herein by reference, and attached hereto as "Attachment B". A completed and signed original Certification shall be provided to the State by the Contractor. 6. FEDERAL CERTIFICATION ON LOBBYING ACTIVITIES (REOUIRED FOR ALL CONTRACTS ABOVE $100,000). The Contractor agrees to comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying, including,Certification and Disclosure, 29 C.F.R. 93.110 (1990). The Contractor further agrees to complete the required "Certification Regarding Lobbying", incorporated herein by reference, and attached hereto, as "Attachment C". A completed and signed original Certification shall be provided to the State by the Contractor. 7. PERFORMANCE MONITORING. A. The Contractor shall permit the State,the U.S. Department of Labor, or any other duly authorized governmental agent or agency,to monitor all activities conducted by the Contractor pursuant to the terms of this Intergovernmental Contract. Such monitoring may consist of internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the work of the Contractor. B. The Contractor authorizes the State to perform audits or inspections of its records at any reasonable time during the term of this Intergovernmental Contract and for a period of three (3)years following the termination of this Intergovernmental Contract. 8. SUBMISSION OF OUARTERLY REPORTS. The Contractor shall submit quarterly, written progress reports specifying progress made for each activity identified in the "Duties and Obligations of the Contractor" section of this Intergovernmental Contract. These quarterly progress reports shall be in accordance with the procedures developed and prescribed by the State. The preparation of these quarterly progress reports in a Page 6 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. timely manner shall be the responsibility of the Contractor. Failure of the Contractor to comply may result in the delay in the payment of funds under this Intergovernmental Contract or, in termination of this Intergovernmental Contract without further liability to the State. 9. CONFIDENTIALITY OF RECORDS. A. If the Contractor obtains access to any records, files, or information of the State in connection with, or during the performance of, this Intergovernmental Contract,then the Contractor shall keep all such records, files, or information confidential and shall comply with all laws and regulations concerning the confidentiality of such records, files, or information to the same extent as such laws and regulations apply to the State. B. If this Intergovernmental Contract is subject to the Colorado Employment Security Act, Articles 70 to 82 of Title 8, C.R.S., (CESA), then the Contractor is designated an agent of the State, but only for the purposes of the confidentiality requirements of the CESA. As such,the Contractor agrees to be bound by all confidentiality requirements of the CESA. C. The Contractor agrees to notify and advise all of its employees, agents, consultants, licensees, or sub-contractors in writing of the above requirements and of the possible penalties and fines that may be imposed for any violation thereof. D. Any breach of confidentiality by the Contractor, or third party agents of the Contractor, shall constitute good cause for the State to terminate this Intergovernmental Contract for cause without further liability to the State. E. Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the Contractor. 10. MAINTENANCE OF RECORDS. A. The Contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to this Intergovernmental Contract. Such materials shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies, and services, and other costs of whatever nature for which a Intergovernmental Contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other records of the Page 7 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document, Legal counsel should be consulted before signing. Contractor. B. All such records, documents, communications, and other materials shall be the property of the State and shall be maintained by the Contractor, in a central location as custodian for the State, on behalf of the State, for a period of three (3)years from the date of final payment under this Intergovernmental Contract or, for such further period as may be necessary to resolve any pending matters, including, but not limited to, audits performed by the federal government. 11. OWNERSHIP OF MATERIALS, INFORMATION, DATA. COMPUTER SOFTWARE DOCUMENTATION, STUDIES,AND EVALUATIONS. Unless otherwise provided for in this Intergovernmental Contract,the parties agree that all material, information, data, computer software, studies, evaluations, reports, photographs, negatives, or any other documents,drawings, or medium produced or prepared by the Contractor in the performance of this Intergovernmental Contract are the sole property of the State. All such items shall be delivered to the State by the Contractor upon completion, termination, or cancellation of this Intergovernmental Contract. The Contractor shall not use, willingly allow another to use, or cause such items to be used for any purpose other than for the performance of the Contractor's duties and obligations under this Intergovernmental Contract without the prior, express, written consent of the State. 12. PATENT RIGHTS. If any invention, improvement, or discovery of the Contractor, or any of its third party contractors, is conceived or first actually reduced to practice during the term or course of this Intergovernmental Contract, and if such is patentable, then the Contractor shall immediately notify the State in writing of such invention, improvement, or discovery and provide the State with a complete written report on that invention, improvement,or discovery. The rights and responsibilities of the Contractor,third party contractors of the Contractor, and the State with respect to such invention, improvement, or discovery shall be determined in accordance with all applicable federal laws, regulations, policies or waivers thereof. The Contractor shall include the requirements of this paragraph in its third party contracts, if any, for the performance of work under this Intergovernmental Contract. 13. RIGHTS IN DATA AND COPYRIGHT. A. Except for its own internal use, the Contractor shall not publish or reproduce any data or other information, however contained, in whole or in part, which is recorded in any form or medium whatsoever, and which is delivered or specified to be delivered under this Intergovernmental Contract. Nor may the Contractor authorize or permit others to do so, without the prior, express, written consent of Page 8 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. the federal government, through the State, until such time as the federal government may have released such data or other information to the public. B. As authorized by 49 C.F.R. 18.34, the federal government, through the State, reserves a royalty free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize the State or others to reproduce, publish, or otherwise use: 1. any work developed under this Intergovernmental Contract, or a resulting third party contract, irrespective of whether that work is already copyrighted; and, 2. any rights of copyright to which the Contractor, subrecipient, or third party contractor purchases ownership with federal assistance. 14. STOP WORK ORDERS. A. Because stop work orders may result in increased costs by reason of standby costs, such orders will be issued only with prior approval of the State's procure- ment director. Stop work orders shall include, as appropriate: a clear description of the work to be suspended; and, instructions as to the issuance of further orders by the Contractor for material or services. If an extension of the stop work order is necessary, it must be evidenced by a supplemental agreement as soon as feasible after a stop work order is issued. Any cancellation of a stop work order shall be subject to the same approvals as were required for the issuance of the stop work order. B. The State's may, by written order to the Contractor, at any time, and without notice to any surety, require the Contractor to stop all or any part of the work called for by this Intergovernmental Contract. The stop work order shall be for a specified period after the stop work order is delivered to the Contractor. Any such stop work order shall be identified specifically as a stop work order issued pursuant to this paragraph. Upon receipt of a stop work order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize incurring additional costs allocable to the work covered by the stop work order during the period of work stoppage. Before the stop work order expires, or as legally extended, the State's shall either: 1. cancel the stop work order; or 2. terminate the work covered by such stop work order; or 3. terminate the Intergovernmental Contract. Page 9 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. C. If a stop work order issued under this paragraph is properly canceled, the Contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule, the schedule of payment, the total Intergovernmental Contract price, or any combination thereof, and the Intergovernmental Contract shall be modified in writing accordingly, if: 1. the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this Intergovernmental Contract; and 2. the Contractor asserts a claim for such an adjustment within thirty (30) calendar days after the end of the period of work stoppage. D. If the work covered by a stop work order is terminated for default or convenience,the reasonable costs resulting from the stop work order shall be allowed by adjustment or otherwise and such adjustment shall be in accordance with the Price Adjustment Clause of this Intergovernmental Contract. 15. PRICE ADJUSTMENTS. Any adjustment in the Intergovernmental Contract price pursuant to the application of a paragraph of this Intergovernmental Contract shall be made in one or more of the following ways: A. By agreement on a fixed-price adjustment. B. By unit prices specified in the Intergovernmental Contract. C. In such other manner as the parties may mutually agree. D. In the absence of an agreement between the parties, by a unilateral determination by the State's procurement director of the costs attributable to the event or situation covered by that paragraph, plus appropriate profits or fees. E. The Contractor shall provide cost or pricing data for any price adjustment subject to the provisions of the Cost or Pricing Data section of the Colorado State Procurement Rules. 16. REMEDIES OTHER THAN TERMINATION FOR DEFAULT. In addition to any other remedies provided for in this Intergovernmental Contract, or by law,the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform its duties or obligations under this Intergovernmental Contract. "Substantial Page 10 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. failure to satisfy or perform" is defined to mean: unsatisfactory, insufficient, incorrect, or improper actions or inactions by the Contractor in performing its duties and obligations under this Intergovernmental Contract. These additional remedial actions include, but are not limited to: A. Suspension of further performance by the Contractor pending completion of necessary corrective action(s) by the Contractor as specified by the State. B. Withholding of further payments to the Contractor until necessary services or corrective actions are satisfactorily completed by the Contractor. C. Removal from further work on this Intergovernmental Contract those employees of the Contractor whom the State believes, in good faith, are incompetent, unsatisfactory, insubordinate, or otherwise unsuitable, or whose continued performance under this Intergovernmental Contract is deemed, in good faith by the State,to be contrary to the public interest or the interest(s)of the State. D. Deny payment for those services or obligations of the Contractor which have not yet been performed and which, due to circumstances caused by the Contractor, cannot be performed, or if performed, would be of no value to the State. Denial of payment must be reasonably related to the amount of services or performance lost to the State because of the Contractor's actions. E. Terminate this Intergovernmental Contract immediately as set forth in the Termination for Default paragraph of this Intergovernmental Contract but without further liability to the State, including, but not limited to, liability for termination costs. 17. TERMINATION DUE TO THE LOSS OF STATE FUNDING. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated, in whole or in part, from available state funds. Therefore,the Contractor expressly understands and agrees that all of its rights, demands, or claims to compensation under this Intergovernmental Contract are subject to, and contingent upon, the continuing availability of those state funds for the purposes hereof. In the event that said funds, or any part thereof, are, or become, unavailable, as determined by the State, then the State may immediately terminate or amend this Intergovernmental Contract. 18. TERMINATION DUE TO THE LOSS OF FEDERAL FUNDING. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated, in whole or in part, from available federal funds. Therefore, the Contractor expressly understands and agrees that all of its rights, demands, or claims to Page 11 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. compensation under this Intergovernmental Contract are subject to, and contingent upon, the continuing availability of those federal funds for the purposes hereof. In the event that said funds, or any part thereof, are, or become unavailable, as determined by the State, then the State may immediately terminate or amend this Intergovernmental Contract. 19. TERMINATION FOR DEFAULT(CAUSE). A. If the Contractor refuses or fails to timely perform any of the provisions of this Intergovernmental Contract with such diligence as will ensure its completion within the time specified in this Intergovernmental Contract,the State shall notify the Contractor in writing of the non-performance, and if not promptly corrected, the State may terminate the Contractor's right to proceed with the Intergovernmental Contract or such part of the Intergovernmental Contract as to which there has been delay or a failure to properly perform. The Contractor shall continue performance of the Intergovernmental Contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. B. Notwithstanding termination of the Intergovernmental Contract, and subject to any directions from the State,the Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Contractor in which the State has an interest. C. Payment for completed work or supplies performed or delivered and accepted by the State shall be at the Intergovernmental Contract price. The State may withhold amounts due to the Contractor as the State deems to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders and to reimburse the State for the excess costs incurred in procuring similar goods and services. D. The Contractor shall not be in default by reason of any failure in performance of this Intergovernmental Contract in accordance with its terms if such failure arises out of acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. E. Upon request of the Contractor,the State shall ascertain the facts and extent of such failure, and, if the State determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the Page 12 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. excusable cause,the Contractor's progress and performance would have met the terms of this Intergovernmental Contract, the delivery schedule shall be revised accordingly, subject to the rights of the State. F. If after notice of termination of the Contractor's right to proceed under the provisions of this paragraph, it is determined for any reason that the Contractor was not in default under the provisions of this paragraph, or that the delay was excusable,the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause. 20. TERMINATION FOR CONVENIENCE. A. The State may,when the interests of the State so require, terminate this Intergovernmental Contract in whole or in part, for the convenience of the State. The State shall give written notice of the termination to the Contractor specifying the part(s)of the Intergovernmental Contract terminated and when termination becomes effective. This paragraph in no way implies that the State has breached this Intergovernmental Contract by the exercise of this paragraph. B. The Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the Contractor will stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The State may direct the Contractor to assign the Contractor's right,title, and interest under terminated orders or subcontracts to the State. The Contractor must still complete and deliver to the State the work not terminated by the Notice of Termination and may incur obligations as are necessary to do so. C. The Contractor shall submit a termination claim specifying the amounts due because of the termination for convenience together with all cost or pricing data related to such claim. If the Contractor fails to file a termination claim within ninety(90) calendar days from the effective date of termination, then the State may pay the Contractor, if at all, an amount set in accordance with subparagraph E. in this paragraph. D. The State and the Contractor may agree to a settlement provided the Contractor has filed a timely termination claim supported by cost or pricing data and that the settlement does not exceed the total Intergovernmental Contract price plus Page 13 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. settlement costs, reduced by payments previously made by the State to the Contractor,the proceeds of any sales of supplies and manufactured materials made under agreement, and the Intergovernmental Contract price of the work not terminated. E. Absent complete agreement under subparagraph D. of this paragraph, the State shall pay the Contractor the following amounts, provided payments agreed to under subparagraph D. shall not duplicate payments under this subparagraph: 1. Intergovernmental Contract prices for supplies or services accepted under this Intergovernmental Contract; 2. costs incurred in preparing to perform the terminated portion of the work plus a fair and reasonable profit on such portion of the work(such profit shall not include anticipatory profit or consequential damages) less amounts paid to or to be paid for accepted supplies or services; provided, however,that if it appears that the Contractor would have sustained a loss if the entire Intergovernmental Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss; 3. costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph B. of this paragraph. These costs must not include costs paid in accordance with subparagraph D. of this paragraph; 4. the reasonable settlement costs of the Contractor including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of this Intergovernmental Contract and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection terminated part(s) of this Intergovernmental Contract. The total sum to be paid the Contractor under this subparagraph shall not exceed the total Intergovernmental Contract price reduced by the amount of payments otherwise made,the proceeds of any sales of supplies and manufacturing materials under subparagraph B. of this paragraph, and the Intergovernmental Contract price of work not terminated. 5. all costs claimed or agreed to under this paragraph shall be in accordance with applicable sections of the State of Colorado Page 14 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. Procurement Code. 21. SEVERABILITY. To the extent that this Intergovernmental Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this Intergovernmental Contract, the terms of this Intergovernmental Contract are severable. If any term or provision of this Intergovernmental Contract is declared invalid by a court of competent jurisdiction, or becomes inoperative for any other reason, then such invalidity or failure shall not affect the validity of any other term or provision of this Intergovernmental Contract. 22. WAIVER. The waiver of a breach of a term or provision of this Intergovernmental Contract shall not be construed as a waiver of a breach of any other term or provision of this Intergovernmental Contract or, as a waiver of a breach of the same term or provision upon subsequent breach. 23. ASSIGNMENT. This Intergovernmental Contract is in the nature of personal services. Therefore,the rights, duties, and obligations of the Contractor cannot be assigned, delegated, or otherwise transferred, except with the prior, express, written consent of the State. 24. INTERGOVERNMENTAL CONTRACT BINDING ON SUCCESSORS. Except as otherwise provided for herein, this Intergovernmental Contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. 25. REPRESENTATIVES. For the purposes of this Intergovernmental Contract, the persons identified below are hereby designated as representatives of the respective parties to this Intergovernmental Contract. Either party may, from time to time, designate in writing new or substitute representatives. CONTRACTOR: Constance L.Harbert,Pro Tern Board of County Commissioners of Weld County 915 10th Street P.O. Box 758 Greeley,CO 80631 (970) 356-4000 Page 15 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. STATE: Melvin Madden Associate Director for Finance Colorado Department of Labor and Employment 1515 Arapahoe,Tower 2, Suite 400 Denver, CO 80202-2117 (303)620-4401 26. NOTICE OF PENDING LITIGATION. Unless otherwise provided for in this Intergovernmental Contract,the Contractor shall notify the State,within five(5)working days after being served with a summons, complaint, or other pleading in a case which involves any services provided under this Intergovernmental Contract and which has been filed in any federal or state court or administrative agency. The Contractor shall immediately deliver copies of any such documents to the State. 27. NOTICE PROCEDURE. All notices required or permitted to be given pursuant to this Intergovernmental Contract shall be in writing and shall be deemed given when personally served or three(3)days after deposit in the United States Mail, certified mail, return receipt requested, and addressed to the following parties or to such other addressee(s) as may be designated by a notice complying with the foregoing requirements. CONTRACTOR: Constance L.Harbert,Pro Tem Board of County Commissioners of Weld County 915 10th Street P.O. Box 758 Greeley, CO 80631 (970)356-4000 Page 16 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. STATE: Melvin Madden Associate Director for Finance Colorado Department of Labor and Employment 1515 Arapahoe,Tower 2,Suite 400 Denver, CO 80202-2117 (303) 620-4401 28. MODIFICATION$ AND AMENDMENTS. This Intergovernmental Contract is subject to such modifications as may be required by changes in applicable federal or state law, or federal or state implementing rules, regulations, or procedures of that federal or state law. Any such required modification shall be automatically incorporated into, and be made a part of, this Intergovernmental Contract as of the effective date of such change as if that change was fully set forth herein. Except as provided above, no modification of this Intergovernmental Contract shall be effective unless such modification is agreed to in writing by both parties in an amendment to this Intergovernmental Contract that has been previously executed and approved in accordance with applicable law. 29. ADHERENCE TO APPLICABLE LAWS. At all times during the term, performance, or execution of this Intergovernmental Contract,the Contractor shall comply with all applicable federal and state laws, regulations, rules or procedures, as these provisions currently exist,or may hereafter be amended, all of which are incorporated herein by reference and made a part of the terms and conditions of this Intergovernmental Contract. 30. ADHERENCE TO FEDERAL DRUG-FREE WORKPLACE REQUIREMENTS (applicable only to subrecioient Contracts involvine Wagner-Pevser money). In accordance with the Drug-Free Workplace Act of 1988, and its implementing regulations, 29 C.F.R. 98, Subpart F,the Contractor shall: A. Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying those actions that will be taken against an employee who violates this prohibition. B. Establish an ongoing drug-free workplace awareness program to inform employees of: Page 17 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 1. The dangers of drug use in the workplace; 2. The Contractor's policy of maintaining a drug-free workplace; 3. The availability of drug counseling, rehabilitation, and employee assistance programs; and, 4. The penalties that may be imposed on an employee for drug abuse violations which occur in the workplace. C. Ensure that each employee who shall perform work under this Intergovernmental Contract on behalf of the Contractor is given a copy of the statement required by paragraph A. of this Section. D. Notify an employee in the statement required by paragraph A. of this Section that, as a condition of employment under this Intergovernmental Contract, the employee shall: 1. Abide by the terms of the statement required by paragraph A. of this Section; 2. Within five (5)calendar days of conviction, notify the Contractor in writing if the employee is convicted of violating a drug related criminal statute the commission of which violation occurred at the Contractor's workplace E. Notify the State in writing within ten(10)calendar days: after receipt of any notice given to the Contractor by an employee of the Contractor pursuant to subparagraph 2. of paragraph D. of this clause; or, after the Contractor's receipt of actual notice of the conviction of an employee of the Contractor for a violation of a drug related criminal statute,which violation occurred at the Contractor's workplace. Such notice by the Contractor to the State shall identify the employee and the position held by the employee at the time of the conviction. F. Take appropriate personnel action, insofar as such personnel action is consistent with the Rehabilitation Act of 1973, as amended, against an employee of the Contractor who has been convicted of the violation of a drug related criminal statute, which violation occurred at the Contractor's workplace; or, require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law Page 18 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. enforcement, or other appropriate agency. G. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs A. through F. above. H. Inform the State in writing if the Contractor changes any work location identified in this Intergovernmental Contract where the Contractor will perform any work under this Intergovernmental Contract to another work location where the Contractor will perform work under this Intergovernmental Contract. 31. HEALTH AND SAFETY COMPLIANCE. The Contractor and the State will adhere to all applicable health, safety and environmental laws, rules and regulations, including, but not limited to the rules and regulations of the Occupational Safety and Health Administration("OSHA") and the Environmental Protection Agency ("EPA"), (collectively, "Safety Regulations"). Unless otherwise specified in this Intergovernmental Contract,the Contractor will not work in any area where a Hazardous Substance is present. "Hazardous Substance" means a substance regulated by any Safety Regulation and includes, but is not limited to, asbestos. The Contractor may work in an area containing non-friable asbestos if the Contractor determines in its sole judgment that the work will not disturb or cause the asbestos to become friable. The Contractor may suspend work from the time it reasonably identifies areas where Hazardous Substances may be present until the work area is in compliance with then- constituted Safety Regulations. Any such suspension is not a default under this Intergovernmental Contract, and any delays from the suspension may result in a similar delay in work completion, without penalty to the Contractor. If the parties cannot agree whether the Contractor's work can be performed through completion without a violation of Safety Regulations, or cannot agree to payment of added costs, if any, either party may terminate this Intergovernmental Contract without penalty. Such termination shall not affect the State's obligation to pay for equipment, software and services provided by the Contractor prior to the effective date of termination. 32. SURVIVAL OF CERTAIN INTERGOVERNMENTAL CONTRACT PROVISIONS. Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this Intergovernmental Contract, and the exhibits and attachments hereto, which may require continued performance or compliance beyond the termination date of this Intergovernmental Contract shall survive such termination date and shall be enforceable as provided herein in the event of a failure to perform or comply by a party to this Intergovernmental Contract. Page 19 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 33. CAPTIONS, CONSTRUCTION, AND EFFECT. The captions and headings used in this Intergovernmental Contract are for identification only, and shall be disregarded in any construction of the terms, provisions, and conditions of this Intergovernmental Contract. 34. ENTIRE UNDERSTANDING. This Intergovernmental Contract is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written Intergovernmental Contract executed and approved pursuant to the Fiscal Rules of the State of Colorado E. SPECIAL PROVISIONS. CONTROLLER'S APPROVAL. 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. FUND AVAILABILITY. 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT. 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct,tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will Page 20 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 3 8-26-106. INDEMNIFICATION. 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION. 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts and subcontracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color,national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. Page 21 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly,to commit any act defined in this contract to be discriminatory. (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs(a)through (h) in every subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the Page 22 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE. 6a. Provisions of CRS 8-17-101 & 102 for Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements. (CRS 8-19-101 and 102) GENERAL. 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences), and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. Page 23 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 11. Pursuant to CRS 24-30-202.4 (as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and(e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. Page 24 of 25 Department or Agency No. KAA Intergovernmental Contract Routing No. 98-1278 Weld County Summer Youth Program Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. IN WITNESS WHEREOF,the parties hereto have executed this Intergovernmental Contract on the day first above written. CONTRACTOR: STATE: BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO OF WELD COUNTY,acting by and through the, Roy Romer, Governor Weld County Division of Human Services By: Constance L.Harbert i n Numair Chair Executive Director FEIN: 84-6000813 Department of Labor and Employment (04/22/98) Att:. :ti's ,1861 By: Clerk (P) tk APPROVALS: DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL COLORADO ATTORNEY GENERAL OFFICE OF THE STATE CONTROLLER Gale A.Norton,Attorney General Clifford W. Hall, State Controller le N eras By: By, is:Eta:net:Aiaim shin Madden ttorney General State Controller Designee ces Section Page 25 of 25 ATTACHMENT A O4 Coto JON NUMAIR `' �$. DEPARTMENT OF LABOR AND EMPLOYMENT Executive Director JUDITH RICHENDIFER 1876/ OFFICE OF EMPLOYMENT AND TRAINING PROGRAMS Employment Programs TWO PARK TOWER,SUITE 400 Director ISIS ARAPAHOE STREET DENVER,CO 80202-2117 COLORADO ONE-STOP SYSTEM POLICY GUIDANCE LETTER 98-06-Y2 SUBJECT: Guidelines for Governor's Summer Job Hunt 1998 DATE: March 9, 1998 I. REFERENCE(S): N/A II. PURPOSE: The purpose of this Policy Guidance Letter(PGL) is to provide guidelines to Job Service Directors, Service Delivery Area Directors and One-Stop Directors for the 1998 Governor's Summer Job Hunt. III. BACKGROUND: The focus of the 1998 Governor's Summer Job Hunt (SJH) is to bring about a comprehensive school-to-career experience by providing meaningful employment opportunities for all Colorado youth ages 16 - 21. The coordination of work force and educational efforts is essential for the successful integration of the school-to-career concept. The connection of classroom learning to an actual on-the-job experience provided by the Governor's Summer Job Hunt program is a vital link in providing youth with an opportunity to experience a career while learning in a work setting. The Governor's Summer Job Hunt is an investment in our youth that helps prepare them to become self-sufficient adults with successful careers in a globalized and competitive work force. IV. POLICY/ACTION: The 1998 Governor's Summer Job Hunt will be delivered through a variety of approaches as the implementation of One-Stop Career Centers continue. A. As always, the program is focused on youth ages 16 - 21 regardless of income. B. Serving 14 and 15 year olds is an optional feature of the Governor's Summer Job Hunt program although Elitches (in Denver area,) now hires 15 year olds. These youth are difficult to place due to the restrictions of employment of minors, according to child labor laws. Attachment' Job Search Workshops would be appropriate, time permitting, in order to provide a service to these individuals. Job Training Partnership Act(JPTA) services can be provided if youth ages 14 and up meet eligibility requirements. C. Before the end of May, service delivery staff should participate in local middle schools and high schools in enrollments,registrations,career fairs and"job search preparation"activities. Supporting materials are available. D. Identify interests, education and skills during the interview process to determine how an individual may be placed in meaningful employment as outlined in the background statement of this PGL. E. When appropriate, mass intake and group registration procedures may be utilized. F. Form partnerships and working relationships with local school-to-career coordinators. G. Job development, based on the interests, education and skills of young people, is critical to the success of the Governor's Summer Job Hunt. Invest time in establishing valuable contacts with employers and job development activities. It is suggested that employer contacts be obtained through local school-to-career coordinators. H. Emphasis will be placed on quality job orders and quality referrals that allow youth to actively participate in their career exploration as articulated in the background portion of this PGL. I. Be an active member of your local network of community-based organizations such as; churches, civic entities, service clubs and chambers of commerce. This involvement will result in support for your program. J. Networking with other service delivery staff is strongly encouraged. We help assure the successful implementation of the Governor's Summer Job Hunt program by sharing ideas and information. K. Youth have the potential of being put into questionable labor situations by employers. Spot jobs and odd jobs such as, weed pulling, baby sitting, door-to-door advertising bill disbursement, labor, etc.,job orders are not encouraged. The Governor's Summer Job Hunt program must be above any possible labor complaints. L. Funding for this year's program is at a standstill from PY 1997. Resource allocation is depicted in attachment' for the Governor's Summer Job Hunt program. M. Workforce regions hiring temporary workforce personnel through the state system are reminded that previously hired temporary staff(last year's program), may be rehired only after six-full calendar months have expired. Staff should utilize job matching capabilities to identify the most qualified candidates for hiring. A packet for hiring these staff will be mailed under separate cover. Workforce regions operating under contract will rely on their respective personnel systems to hire and supervise the Summer Job Hunt staff. Contracts have been requested for workforce regions who will not be hiring temporary state staff N. Mandatory training will be conducted for all Summer Job Hunt employees. More information will follow under a separate cover. 0. Please review the recommended job description for temporary employees. Attachment' P. Summer Job Hunt staff must be at least 16 years of age; there is no maximum age. Q. Participating workforce regions are requested to provide the following information on a weekly basis. 1. Number of job orders received for youth 2. Number of youth provided with job search assistance 3. Number of youth securing their own job after receiving job search assistance. Information input by the close of business on a Thursday evening will appear on the report generated Friday mornings. Reporting instructions will follow under a separate cover. R. Employment goals for workforce regions are attached. S. Be creative! Nurture local media contacts for public relations. A sample press kit will follow under a separate cover. T. The Governor's Summer Job Hunt sponsors continue to be the Governor, Department of Labor and Employment, the Public Education & Business Coalition, KCNC-4, and the Denver Post. U. Please spread the word: All service delivery points will continue to serve our young citizens year round! V. IMPLEMENTATION DATE: April 13, 1998 VI. INOUIRIES: Inquiries concerning this PGL should be addressed to Cynthia Borries at(303) 620-4209. SIGNATURE ROUTING Ni/d i IL " ' c1 Ju Richendifer Date ?but Hale ate Jon N ma r Date Originator: Cynthia Borries or Attachment 1 Colorado Labor Law (general information guide) COLORADO D JR PART kM LAB OR A cm N ITT r � � , s'a'ai3 '#ti '4 II am rr ¢�e. / r .axe.. * .1,,... riF �' 1 44 ,t( 1 , vE �.1'rsY d i ( ilx mseiv ` M ' ,- RV-14S0l RS II �° R RS ONN I� y �`d "- tli�.dpMc b Q.-4f- \ I 4 its ..id Ya ',.`8 tay„E GOVERNOR $' EXECUTIVE DIRECTOR ROY ROMER `5 �' , 3" .ION NUMAIR *u ,awv4a' "�.t..e2 MARY T. BLUE DIRECTOR,DIVISION OF LABOR CARLOS M.RENTERIA PROGRAM ADMINISTRATOR REVISED JANUARY 1998 iiitEgiinna r nt of Labor a��! r mil »ren ': nrivrttda La&� r TABLE OF CONTENTS SUBJECT PAGE Foreword 3 Introduction 4 Wage Payment Information 5 Minimum Wage Information 9 Child Labor Information 14 Overtime Compensation Information 20 Commission Compensation Information 22 Salary Computations 23 Commonly Asked Questions 24 Glossary of Labor Terms 27 Directory of Governmental Departments 32 Agency Referral Listing 33 Colorado Posting Requirements 35 U.S. Government Posting Requirements 36 Z abor Standards p�f c Deoatemeats a j" tQr on po mao C'atnrad t.akrr Lam FOREWORD This booklet is published by the Labor Standards Office of the Colorado Department of Labor and Employment. It is intended as a general information guide and does not represent an official interpretation of the various labor issues,policies, regulations or statutes contained herein. Readers seeking specific legal information should obtain private legal counsel as appropriate. Space limitations require that certain details of statutes contained herein be limited. To obtain the entire text of a Colorado Statute please contact: The Legislative Legal Services Office at(303) 866-2045 -OR- HTTP:\\W W W.STATE.CO.US\GOV_DIR\LABOR_HOME.HTML COLORADO STATE LABOR STANDARD OFFICES FEDERAL DISTRICT WAGE& HOUR OFFICES Denver and Northern Colorado U.S. Department of Labor Labor Standards Office Wage&Hour-Colorado Front Range 1515 Arapahoe Street 1801 California Street, Suite 935 Tower 2,Suite 375 Denver,Colorado 80202-26614 Denver,Colorado 80202-2117 (303) 844-4405 (303)572-2241 FAX(303)620-4599 Southern Colorado U.S.Department of Labor Labor Standards Office Wage&Hour-Northwestern Colorado 2555 Airport Road 10 West Broadway, Suite 307 Colorado Springs,Colorado 80910-3119 Salt Lake City, Utah 84101 (719)636-1110 (801)524-5097 FAX(719)633-4227 Labor Standards Office, 3 INTRODUCTION DUTIES AND RESPONSIBILITIES The Labor Standards Office administers various labor related laws and regulations concerning;payment of wages,minimum wage and overtime;working conditions;child labor;union elections and mediation. The Colorado Wage Act does not grant specific legal authority to the Department to order or sue for the payment of wages. The fact that the Labor Standards office does not file legal action on individual claims does not limit the right to private action under Colorado laws by aggrieved employees. Colorado statutes afford individual employees extensive remedial rights for private legal action when they are denied legally earned compensation including the recovery of wages,assessment of penalties,attorney fees and court costs. The Labor Standards Office is dedicated to provide expeditious and reliable assistance to clients seeking assistance daily in person,over the telephones,through the mail and other electronic means. The objective of the office is to enhance labor peace by resolving disputes through prompt fact-finding inquiries and negotiating settlements for voluntary payment of wages in an effort to avoid costly lawsuits,hardships, unnecessary loss of income,benefits and tax revenues. METHODOLOGY Establish the State minimum wage and work related standards. Seek compliance with various labor laws, work protection standards,child labor and applicable rules and regulations. Serve the general public by providing information,assistance,and informing employers and employees of their legal rights and responsibilities regarding labor related statutes administered by the Labor Standards Office. Promptly review and determine validity of reported violation of statute,regulation,case law or public policy and if appropriate issue an administrative preliminary determination. Assist employers and employees by conducting all-union agreement and collective bargaining elections; investigate and resolve disputes regarding union related unfair labor practice complaints;and mediate collective bargaining disputes within statutory authority and jurisdiction. LaborMunduxt�s Offlce 4 inag l7epartment tj4ghar am r oymerr 'alrtradtt Labar Cam MM (c)Any deduction necessary to cover the replacement cost of a shortage due to theft by an employee if a report has SELECTED SECTIONS OF THE been filed with the proper law enforcement agency in connection with such theft pending a final adjudication by COLORADO WAGE LAW, a court of competent jurisdiction:except that if the accused TITLE 8, ARTICLE 4, Colorado employee is found not guilty in a court action or if criminal charges related to such theft are not filed against the Revised Statutes accused employee within ninety days of the filing of the report with the proper law enforcement agency,or such „.•••••„:.:1•:.1; charges are dismissed,the accused employee shall be :.........:.....:..�.....::.:...: . ent itled ......... :.: . recover on f any wrongfully wit hheld he]g Y d plus interest. In the event an employer acts without good faith, in addition to the amount wrongfully withheld and legally 8-4-101 Definitions.As used in this article,unless the context proven to be due,the accused employee may be awarded otherwise requires: an amount not to exceed treble the amount wrongfully withheld. In any such action the prevailing party shall be (3)Director means the director of the division of labor. entitled to reasonable costs related to the recovery of such amount including attorney fees and court costs; (4)Division means the division of labor in the Colorado Department of Labor and Employment. (d)Any deduction not listed in paragraph(a),(b),or(c)of this subsection(7.5),which is authorized by an employee if (5) Employee means any person performing labor or services such authorization is revocable including,but not limited for the benefit of an employer in which the employer may to,deductions for hospitalization and medical insurance, command when,where,and how much labor or services shall be other insurance,savings plans,stock purchases,voluntary performed. For the purpose of this article,an individual pension plans,charities,and deposits to financial primarily free from control and direction in the performance of institutions. the service,both under his/her contract for the performance of service and in fact,and who is customarily engaged in an (9) Wages or compensation means all amounts for labor or • independent trade,occupation,profession,or business related to service performed by employees,whether the amount is the service performed is not an employee. fixed or ascertained by the standard of time,task,piece, commission basis,or other method of calculating the same (6) Employer means every person,firm,partnership, or whether the labor or service is performed under contract, association,corporation,receiver,or other officer of court in subcontract,partnership,subpartnership,station plan,or Colorado,and any agent or officer thereof,of the above other agreement for the performance of labor or service if mentioned classes,employing any person in Colorado;except the labor or service to be paid for is performed personally that the provisions of this article shall not apply to counties, by the person demanding payment. cities and counties,municipal corporations,quasi-municipal corporations,school districts,and irrigation,reservoir,or drainage conservation companies or districts organized and 8-4-102.Payment of wages existing under the laws of Colorado. (I)No employer or agent or officer thereof shall issue,in payment of or as an evidence of indebtedness for wages (7.5)Lawful charges or indebtedness means: due an employee,any order,check,draft,note, memorandum or other acknowledgment of indebtedness (a)Deductions mandated by or in accordance with local,state, unless the same is negotiable and payable upon demand or federal law including,but not limited to,deductions for taxes, without discount in cash at a bank organized and existing Federal Insurance Contributions Act(FICA)requirements, under the general banking laws of the state of Colorado or garnishments,or any other court-ordered deduction; the United States or at some established place of business in the state. Nothing in this article shall prohibit an (b)Deductions for loans,advances,goods or services,and employer from depositing wages due or to become due or equipment or property provided by an employer to an employee an advance on wages to be earned in an account in any pursuant to a written agreement between such employer and bank,savings and loan association,credit union,or other employee,so long as it is enforceable and not in violation of financial institution authorized by the United States or one law; of the several states to receive deposits in the United States if the employee has voluntarily authorized such deposit in the financial institution of the employee's choice. I ab©r,Stundrwds Office 3 �e,�artm+ent�,��bars�c�'�m�rt��r�� L'atvx�ur�`��.cr�tr Lary 8-4-104.Termination of employment-penalty. the close of each pay period unless the employer and the (1)When an interruption in the employer-employee relationship employee shall mutually agree on any other alternative by volition of the employer occurs,the wages or compensation period of wage or salary payments. for labor or service earned and unpaid at the time of such discharge is due andpavable immediately.If at such time the (3)Nothing in this article shall apply to compensation employer's accounting unit,responsible for the drawing of payments due an employee under a profit-sharing plan,a payroll checks,is not regularly scheduled to be operational,then pension plan,or other similar deferred compensation the wages due the separated employee shall be made available to programs. the employee no later than six hours after the start of such employer's next regular workday. When an employee quits or (4)Every employer shall at least monthly,or at the time of resigns such employee's employment,the wages or each payment of wages or compensation,furnish to each compensation shall become due and payable upon the next employee an itemized pay statement in writing showing the regular payday.When a separation of employment occurs the following: employer shall make the separated employee's check for wages (a)Gross wages earned; due available at the work site,the employer's office,or by mail (b)All withholdings and deductions; to the employee's last known mailing address if requested by (c)Net wages earned; such employee (d)The inclusive dates of the pay period; (e)The name of the employee or the employee's (2)Nothing in subsection(1)of this section shall limit the right social security number;and; of an employer to set off any lawful charges or indebtedness (1)The name and address of the employer. owing by the employee to the employer or require the payment at the time employment is severed of compensation not yet fully 8-4-107.Notice of paydays. Every employer shall post eamed under the compensation agreement between the and keep posted conspicuously at the place of work if employee and employer,whether written or oral. practicable,or otherwise where it can be seen as employees come or go to their places of work or at the office or (3)If an employer refuses to pay wages or compensation in nearest agency for payment kept by the employer a notice accordance with subsection(1)of this section upon request by specifying the regular paydays and the time and place of the employee and without a good faith legal justification for payment,in accordance with the provisions of section such refusal,the employer is liable to the employee,in addition 8-4-105,and also any changes concerning them that may to the compensation legally proven to be due,as a penalty for occur from time to time. such refusal the greater of an amount equal to fifty percent thereof or an amount equal to the amount of the wages payable 8-4-108. Discharge-strikes. per day to such employee not to exceed ten days.The wages (1)Every employee who is discharged shall be paid at the payable per day shall be calculated at the same rate which the place of discharge,and every employee who quits or employee was receiving at the time of separation.The employee resigns shall be paid at the office or agency of the or his designated agent shall make a written demand for the employer in the county or city and county where such payment within sixty days from the date of separation and shall employee has been performing the labor or service for the state in the demand where such payment can be received.The employer.All payments of money or compensation shall daily wage penalty shall not be imposed until the employer be made in the manner provided by law. receives such written demand.The employee or his designated agent may commence a civil action to recover such penalty.Any (2) In the event of any strike,the unpaid wages or employee or his designated agent who has not made a written compensation earned by such striking employee shall demand for the payment within sixty days from the date of become due and payable on the employer's next regular separation or who has otherwise not been available to receive payday,and the payment or settlement shall include all payment shall not be entitled to any such penalty under this amounts due such striking employee without abatement or subsection(3).A payment under this subsection(3)shall be reduction. The employer shall return to each striking made in the form of a check draft or voucher in the name of the employee,upon request,any deposit or money or other employee. guaranty required by the employer from the employee for the faithful performance of the duties of his employment. 8-4-105.Pay periods and paydays. (1)All wages or compensation,other than those mentioned in 8-4-109.Penalties. section 8-4-104,earned by any employee in any employment, (I)Every employer who without good faith legal other than those specified in subsection(3)of this section,shall justification fails to pay the wages of each of his employees be due and payable for regular pay periods of no greater shall forfeit to the people of the state of Colorado an duration than one calendar month or thirty days,whichever is amount determined by the director but no more than the longer,and on regular paydays no later than ten days following sum of fifty dollars per day for each failure to pay each Labor Standards Ofife G Depari meni©,Labor an 'Emptoyme Colorado LaborLaw employee,commencing from the date that such wages first 8-4-114.Employee may recover attorney fee. Whenever became due and payable,to be recovered by order of the it is necessary for an employee to commence a civil action director in a hearing held pursuant to section 24-4-105,C.R.S. for the recovery or collection of wages,and penalties due For the convenience and necessity of the parties or their as provided by sections 8-4-104 and 8-4-105,the judgment representatives,the division is authorized to conduct such in such action shall include a reasonable attorney fee in hearing by telephone if the employer would otherwise be favor of the winning party,to be taxed as part of the costs required to travel to locations of the division of labor from of the action. outside the general vicinity of such locations. 8-4-115.Tips sole property of employee-notice posted. (2)A certified copy of any final order of the director,imposing It is unlawful for any employer engaged in any business a fine or penalty pursuant to this article,may be filed with the where the custom prevails of the giving of presents,tips or clerk of the district court having jurisdiction over the parties at gratuities by patrons thereof to an employee of said any time after the entry of the order.The certified copy shall be business to assert any claim to,or right of ownership in,or recorded by him in the judgment book of said court and entry control over such presents,tips or gratuities;and such thereof made in the judgment docket,and it shall thenceforth presents,tips,or gratuities shall be the sole property of the have all the effect of ajudgment of the district court,and employee of said business unless the employer posts in his execution may issue thereon out of said court as in other cases. place of business in a conspicuous place a printed card,at All fines and penalties collected shall be paid to the Division least twelve inches by fifteen inches in size,containing a and transmitted to the state treasurer for credit to the general notice to the general public in letters at least one-half inch fund. high that all presents,tips,or gratuities given by any patron of said business to an employee thereof are not the property 8-4-110.Payment of undisputed amounts. In case of a of said employee but belong to the employer. Nothing in dispute over wages,the employer shall pay,without condition this section shall prevent an employer covered hereby from and within the time set by this article,all wages or parts of requiring employees to share or allocate such presents,tips, wages conceded by him to be due,leaving to the employee all or gratuities on a preestablished basis among the remedies he might otherwise be entitled to as to any balance he employees of such business. may claim. The acceptance,whether written or oral,by an employee of a conceded amount shall not be considered 8-4-116.Penalty for violation. Any employer who evidence that the employee has made any agreement as to the violates the provisions of section 8-4-115 is guilty of a amounts in dispute. misdemeanor and,upon conviction thereof,shall be punished by a fine of not more than three hundred dollars, 8-4-111.Enforcement. It is the duty of the director to inquire or by imprisonment in the county jail for not more than diligently for any violation of this article,and to institute the thirty days,or by both such fine and imprisonment. actions for penalties provided for in this article in such cases as he may deem proper,and to enforce generally the provisions of 8-4-117.Refusal to make payment - false denial of this article. amount or validity of wages - misdemeanor. In addition to any other penalty imposed by this article,any employer 8-4-112.Duties of district or city attorneys. Nothing in this or agent of an employer who,being able to pay wages or article shall be construed to limit the authority of the district compensation and being under a duty to pay,willfully attorney of any county or city and county or the city attorney of refuses to pay as provided in this article,or falsely denies any city to prosecute actions for such violations of this article as the amount of a wage claim,or the validity thereof,or that may come to his knowledge,or to enforce the provisions of this the same is due,with intent to secure for himself or another article independently and without specific direction of the person any discount upon such indebtedness or any director,or to limit the right of any wage claimant to sue underpayment of such indebtedness or with intent to directly or through an assignee for any wages or penalty due annoy,harass,oppress,hinder,delay,or defraud the person him under the provisions of this article. to whom such indebtedness is due,is guilty of a misdemeanor and,upon conviction thereof,shall be 8-4-113. Enforcement of subpoenas.All courts shall take . punished by a fine of not more than three hundred dollars, notice of the seal of the director. Obedience to subpoenas or by imprisonment in the county jail for not more than issued by the director or his duly authorized representative shall thirty days,or by both such fine and imprisonment. For be enforced by the courts in any county or city and county,as purposes of this section,being able to pay wages or provided in section 24-4-105(5),C.R.S. if said subpoenas do compensation does not include an employer who is unable not call for any appearance at a distance greater than one to pay wages or compensation by reason of a chapter 7 hundred miles. bankruptcy action or other court action which results in the employer having limited control over his assets. gga:MLEiliokSlealiiiiiilkOpreeM.:.E.E'Rei.ii,:']iLEH;'.:*:.:0: Dig. :::E.MH:*':,IiH.:N::.].i,a,:li,:!:;H.N.H:-:,:ag:g7 rartmant of 4abor u ul m rlalmen ' Il da tx ,r duly 8-4-121. Authority to obtain information. The director or his designated representative may investigate and gather data pertinent to matters which may aid in carrying out the provisions of this article. In any case where a complaint has MPLOYMENT AT WILL been filed with the director or his designated representative regarding a violation of this article,or where the director has Absent a contract or other legal agreement for a specified reasonable grounds to believe that a field labor contractor has term or length of employment,employment in the private violated provisions of this article,the director or his designated sector(non-government)is guided by the doctrine representative may investigate and issue subpoenas as provided commonly known as"employment at will". Basically the by section 8-4-113 requiring the attendance and testimony of doctrine means that either party,the employer or the any witness or the production of any evidence in connection employee,may end the employment relationship without with such investigation. any legal requirement to provide an explanation,advance notice or that notice must be provided in any specified 8-4-123.Civil relief. Any person claiming to be aggrieved by manner. Since Colorado does not have a"wrongful or just violation of any provisions of this article or regulations cause"termination statute for private industry,employees prescribed pursuant to this article may file suit in any court have no recourse or other remedies available to them when having jurisdiction over the parties without regard to exhaustion they are fired unless they can prove discrimination or of any administrative remedies. violation of a public policy. Likewise,employees do not have to give a two week notice and may walk out at 8-4-124.Discrimination prohibited. No employer shall anytime unless there is a contractual or other legal intimidate,threaten,restrain,coerce,blacklist,discharge,or in agreement between the parties. any manner discriminate against any employee who has filed any complaint or instituted or caused to be instituted any proceeding under this article or related law or who has testified or may testify in any proceeding on behalf of himself or another regarding afforded protections under this article. Any employer who violates the provisions of this section is guilty of a IGHT TO WORK misdemeanor and,upon conviction thereof,shall be punished by a fine of not more than five hundred dollars,or by imprisonment Colorado is not a Right-to Work law state.A Right-to- in the county jail for not more than sixty days,or by both such Work law does not guarantee employment as the term fine and imprisonment. implies. Such a law essentially prohibits the employer and a union from entering into a collective bargaining 8-4-125.Nonwaiver of rights. Any agreement,written or oral agreement that mandates union membership or any by any employee purporting to waive or to modify his rights in allegiance to a labor union. A Right-to-Work law provides violation of this article shall be void. the choice of being a union member to each individual employee. In Colorado a union may compel mandatory union membership or impose a requirement that the 8-4-126.Limitations of'actions. All actions brought pursuant employee not desiring membership pay a service fee to this article shall be commenced within two years after the equivalent to the dues as a condition of employment. This cause of action accrues and not after that time;except that all is known as a"Union Shop"or"union security clause actions brought for a willful violation of this article shall be agreement". An election must be conducted by the Labor commenced within three years after the cause of action accrues Standards Office relative to the question of"Union Shop". and not after that time. The union must receive an affirmative vote of a majority of the eligible employees or seventy-five percent of the employees who actually vote. K> O ® ELFARE TO WORK G See COLORADO WORKS PROGRAM ACT,page 28 Labor Standards Office g Durlmenl vfLulror anmoym�sr� Ggturadt� alinx Lgll� EXCERPTS OF COLORADO THE FOOD AND BEVERAGE INDUSTRY MINIMUM WAGE ORDER NUMBER 21 "THE FOOD AND BEVERAGE INDUSTRY"means any 7CCR 1103-1 establishment that prepares and offers for sale,food or beverages Effective October 1, 1997 for consumption either on or off the premises.Such establishments include but are not limited to:restaurants,snack AUTHORITY: bars,drinking establishments,catering services,fast food This Colorado Minimum Wage Order Number 21 is promulgated under businesses,country clubs or any other business or establishment the authority vested by Title 8, Articles 1,4,6,and 12,C.R.S. 1979,as required to have a food or liquor license or permit. amended. This Wage Order shall supersede Wage Order No.20 previously established on November 1, 1996. "FOOD AND BEVERAGE OCCUPATIONS"means the performance of any and every type of work concerned with or TABLE OF CONTENTS: incidental to the FOOD AND BEVERAGE INDUSTRY,as defined above,including office personnel. SECTION SECTION 1. COVERAGE 13. RECORD KEEPING 2. DEFINITIONS 14. ADMINISTRATION AND HEALTH AND MEDICAL INDUSTRY 3. MINIMUM WAGE INTERPRETATION 4. OVERTIME HOURS 15. SEPARABILITY CLAUSE "HEALTH AND MEDICAL INDUSTRY"means 5. EXEMPTIONS 16. FILING COMPLAINTS establishments primarily engaged in providing medical,dental, 6. MEAL PERIODS 17. INVESTIGATIONS surgical and other health services including but not limited to: 7. REST PERIODS 18. ENFORCEMENT medical and dental offices,hospitals;nursing homes and 8. LEGAL DEDUCTIONS 19. RECOVERY OF WAGES sanitariums. 9. PRESENTS,TIPS OR 20. REPRISALS GRATUITIES 21. VIOLATIONS "HEALTH AND MEDICAL OCCUPATIONS"means the 10.ALLOWABLE CREDITS 22. POSTING performance of any and every type of work concerned with or 11.WEARING OF UNIFORMS REQUIREMENTS incidental to the HEALTH AND MEDICAL INDUSTRY,as 12. REDUCTION OF WAGES 23. DUAL JURISDICTION defined above,including office personnel. 1. COVERAGE: THE SERVICE INDUSTRY This Colorado Minimum Wage Order Number 21 regulates wages, "THE SERVICE INDUSTRY"means any industry,business or hours,working conditions and procedures for employers and establishment including but not limited to those engaged directly employees in the following Industries and Occupations for work in providing services such as those relating to public performed within the boundaries of the state of Colorado: accommodations,amusement or recreation,child care, beautification,janitorial,laundry or dry cleaning,health or (A) The Retail Trade Industry physical conditioning,security,building or plant maintenance, (B) The Food and Beverage Industry banks,credit unions and car washing or detailing, (C) The Health and Medical Industry (D) The Service Industries "SERVICE INDUSTRY OCCUPATIONS"means the (E) The Construction Industry performance of any and every type of work including but not limited to those directly concerned with the SERVICE INDUSTRY,BUSINESS,or ESTABLISHMENT,as defined 2. DEFINITIONS: above. For example: clerks,cashiers,receptionists,bell hops, chamber maids,janitors,caretakers,grounds keepers,security THE RETAIL TRADE INDUSTRY guards,parking attendants,operators,ticket takers,tellers,ushers, aides,guides,instructors,and including office personnel. "THE RETAIL TRADE INDUSTRY"means any industry,business, or establishment that sells or offers for sale,any commodity,article, goods,real estate,wares or merchandise,to the ultimate consumer;and THE CONSTRUCTION INDUSTRY in which 50%or more of the annual dollar volume of business results from such retail sales. The"RETAIL TRADE INDUSTRY"is at the THE CONSTRUCTION INDUSTRY means any enterprise end of the stream of distribution and is not involved in the engaged in the building,alteration,remodeling or repair of any manufacturing process. The"RETAIL TRADE INDUSTRY"typically commercial or residential facility,heavy,highway,or landscape sells products that are not intended for resale. construction,whose annual dollar volume of business is less than $500,000 per year. "RETAIL TRADE OCCUPATIONS"means the performance of any and every type of work concerned with or incidental to the RETAIL "CONSTRUCTION INDUSTRY OCCUPATIONS"means the TRADE INDUSTRY,as defined above,including office personnel. performance of any and every type of work.concerned with or incidental to the CONSTRUCTION INDUSTRY,as defined above,including office and administrative personnel. Labor Standards Office 9 MgRiggbiMMMORMEMBegniteUinEMEnniREEMMENAMEMENNEMEREMOMMENNE "DIRECTOR"means the Director of the Division of Labor. considered"time worked"and said time must be compensated. "DIVISION"means the Division of Labor in the Colorado Department "TIPPED EMPLOYEE"means any employee engaged in an of Labor and Employment. occupation in which he or she customarily and regularly receives more than$30.00 a month in tips. Tips include amounts "EMANCIPATED MINOR"means any individual less than eighteen designated as a"tip"by credit card customers on their charge years of age who: slips.Nothing herein contained shall prevent an employer covered a)Has the sole or primary responsibility for his or her own hereby from requiring employees to share or allocate such tips or support. gratuities on a pre-established basis among other employees of b) Is married and living away from parents or guardian. said business who customarily and regularly receive tips. c) Is able to show that his or her well-being is substantially Employer-required sharing of tips with employees who do not dependent upon being gainfully employed. customarily and regularly receive tips,such as management or food preparers,shall nullify allowable tip credits towards the "EMERGENCY"means an unpredictable or unavoidable occurrence minimum wage authorized in section 10(c). at unscheduled intervals requiring immediate action incidental to the employment of minors. "WAGES"or"COMPENSATION"means all amounts due employees for labor or service; whether the amount is fixed or "EMPLOYEE"means any person,performing labor or services for the ascertained by the standard of time,task,piece,commission basis, benefit of an employer in which the employer may command when, or other method of calculating the same or whether the labor or where,and how much labor or services shall be performed. For the service is performed under contract,subcontract,partnership, purpose of this order,an individual primarily free from control and subpartnership,station plan,or other agreement provided that the direction in the performance of contracted labor or services,and who is labor or service is performed personally by the person demanding customarily engaged in an independent trade,occupation,profession, payment. or business related to the service performed is not an"employee." "WORKDAY"means any consecutive twenty-four(24)hour "EMPLOYER"means every person,firm,partnership,association, period beginning at the start of any work shift. corporation,receiver,or other officer of court in Colorado,and any agent or officer thereof,of the above-mentioned classes,employing any "WORKWEEK"means any consecutive seven(7)day period person in Colorado:except that the provisions of this order shall not starting with the same calendar day and hour each week. A apply to State,Federal and municipal governments or political sub- workweek is a fixed and recurring period of 168 hours,seven(7) divisions thereof,including;cities,counties,municipal corporations, consecutive twenty-four(24)hour periods. quasi-municipal corporations,school districts,and irrigation,reservoir, or drainage conservation companies or special districts organized and 3. MINIMUM WAGE: existing under the laws of Colorado. Minimum Wage:All adult employees and emancipated minors, "OUTSIDE SALESPERSON"means any person employed primarily employed in any of the industries covered herein,whether away from the employer's place of business for the purpose of making employed on an hourly,piecework.commission,time,task,or sales or obtaining orders or contracts for any commodities,articles, other basis,shall be paid not less than$5.15 per hour effective goods,real estate,wares,merchandise or services. Such outside sales October I,1997 less any applicable lawful credits for all regular employee must spend a minimum of 80%of the workweek in activities hours worked. directly related to their own outside sales. Exception:Employees whose physical disability has been certified by the Director to significantly impair such "REGULAR RATE OF PAY"means the regular hourly rate of pay disabled employee's ability to perform the duties involved actually paid to employees for a standard,non-overtime workweek. in the employment and unemancipated minors under 18 The regular rate of pay shall include all compensation paid to years of age,may be paid 15%below the current minimum employees including the set hourly rate,shift differential,minimum wage,less any applicable lawful credits.for all hours wage tip credit,non-discretionary bonuses,production bonuses,and worked. commissions;used for the purpose of calculating the overtime hourly rate for non-exempt employees. Business expenses,bonafide gifts, 4. OVERTIME HOURS: discretionary bonuses,employer investment contributions,vacation, holidays,sick leave,jury duty,or other pay for non-work hours may be Basic Work Shift:The basic work shift shall be eight(8)hours in excluded from the regular rate of pay. any workday. Employers may require adult employees,eighteen (I8)years and older.to work in excess of eight(8)hours per basic "SUPERVISOR"means an employee salaried in excess of the work shift at the regular hourly rate up to a maximum of twelve minimum wage,who supervises the work of at least two full-time (I2)hours in a workday. employees. Said supervisor shall have the authority to hire and fire,or SLEEP TIME: where an employee's tour of duly is 24 to effectively recommend such action,and must spend a minimum of - hours or longer,up to 8 hours of sleeping time can be excluded 50%percent of the workweek in duties directly related to supervision. from overtime compensation,if(I) an expressed agreement excluding sleeping time exists;and(2) adequate sleeping "TIME WORKED"means the time during which an employee is facilities for an uninterrupted night's sleep are provided;and(3) subject to the control of an employer or includes all the time the at least five hours of sleep are possible during the scheduled employee is suffered or permitted to work whether or not required to do sleeping periods;and(4)interruptions to perform duties are so. Requiring or permitting employees to remain at the place of considered time worked. employment awaiting a decision on job assignment or when to begin When said employee's tour of duty is less than 24 hours.periods work or to perform clean up or other duties"off the clock"shall he during which the employee is permitted to sleep arc compcnsahle abor,Staxdurds Off,ee' 10 Dep�rlUu�nl a,flu6or aa�E�a,�m�r�' G'atad�t�er,�ar taew� work time,as long as the employee is on duty and must work when 6. MEAL PERIODS: required. Employees shall be entitled to an uninterrupted and"duty free" Overtime Rate:Employees shall be paid time and one-half of the meal period of at least a thirty minutes duration when the regular rate for any work in excess of forty(40)hours per workweek scheduled work shift exceeds five consecutive hours of work. and/or for any work in excess of twelve(12)hours per workday. Hours The employees must be completely relieved of all duties and worked in two or more workweeks shall not be avenged for permitted to pursue personal activities to qualify as a non-work, computation of overtime. Performance of work in two or more uncompensated period of time. When the nature of the business positions at different hourly pay rates for the same employer shall be activity or other circumstances exist that makes an uninterrupted computed at the overtime rate based on the hourly rate of pay for the meal period impractical,the employee shall be permitted to position in which the overtime occurs or at a weighted average of the consume an"on-duty"meal while performing duties. Employees rates for each position,as provided in the Fair Labor Standards Act. shall be permitted to fully consume a meal of choice"on the job" and be fully compensated for the"on-duty"meal period without Note:A minor under eighteen(18)years of age who has received any loss of time or compensation. a high school diploma or a passing grade on a General Education Development(GED)examination may work in excess of eight(8) 7. REST PERIODS: hours per day up to a maximum of twelve(12)hours. Said minor shall be compensated at time and one-half the regular hourly rate Every employer shall authorize and permit rest periods,which, for all work in excess of(12)hours in any workday and for all insofar as practicable,shall be in the middle of each four(4)hour work in excess of forty(40)hours per workweek. work period. A compensated ten(10)minute rest period for each four(4)hours or major fractions thereof shall be permitted for all Exception:In the event of a bonafide emergency situation,an employees. Such rest periods shall not be deducted from the employer may require minors,subject to the Colorado Youth employee's wages. It is not necessary that the employee leave the Employment Opportunity Act,to work in excess of eight(8) premises for said rest period. hours in a twenty-four(24)hour period and/or in excess of forty (40)hours per week. Said minors shall be compensated at time 8. LEGAL DEDUCTIONS: and one-half the regular hourly rate for all work in excess of eight (8)hours in any twenty-four(24)hour period and for all work in No employer shall make any deductions from employees wages or excess of forty(40)hours per week. The employer shall keep compensation in violation of the Colorado Wage Act,C.R.S.§8- specific records to substantiate the existence of a bonafide 4-101(7.5)et.seq. emergency. 9. PRESENTS,TIPS OR GRATUITIES: 5. EXEMPTIONS: It shall be unlawful to deny presents,tips or gratuities intended (A)The following occupations or employees are exempt from the for employees in violation of the Colorado Wage Act,C.R.S.§8- provisions of Minimum Wage Order No.21: Professional,Executive, 4-115 et.seq. Administrative employees;employees in highly technical computer occupations;elected officials and members of their staff;as prescribed 90. ALLOWABLE CREDITS: in the Fair Labor Standards Act.Other exemptions are: casual babysitters,teachers,supervisors,resident managers,outside sales The only allowable credits that may be taken by an employer persons,interstate drivers,driver helpers,loaders or mechanics of toward the minimum wage are as follows: motor carriers,taxi cab drivers,and bona fide volunteers. Also,exempt a)LODGING: The reasonable cost or fair market value for are:students employed by sororities,fraternities,college clubs,or lodging(not to exceed$25.00 per week)furnished by the dormitories,and students employed in a Work Experience Study employer and used by the employee may be considered part Program. Employees working in laundries of charitable institutions of the minimum wage when furnished. which pay no wages to workers and inmates or patient workers who b)MEALS: The reasonable cost or fair market value of work in institutional laundries meals provided to the employee may be used as part of the minimum hourly wage. No profits to the employer may be (B) The following employees are exempt from the overtime provisions • included in the reasonable cost or fair market value of such of Minimum Wage Order No.21: Salespersons employed by trailer, meals furnished. The meal must be consumed before aircraft and boat(retail)dealers;Sales employees of retail or service deductions are permitted. industries,paid on a commission basis,provided that 50%of their total c)TIPS: Employers of"tipped employees"must pay a cash earnings in a pay period are from commission sales,and their regular wage of at least 52.13 per hour if they claim a tip credit rate is at least one and one-half times the minimum wage. against their minimum hourly wage obligation. If an employee's tips combined with the employer's cash wage of Note: A hospital or nursing home may elect to pay overtime pursuant at least$2.13 per hour do not equal the minimum hourly to the provisions of the Federal Fair Labor Standards Act"8 and 80 wage,the employer must make up the difference in cash Rule,"whereby employees are paid time and one-half their regular wages. hourly rate for any work performed in excess of eighty(80)hours in a fourteen(14)consecutive day period or for any work in excess of eight (8)hours per day. LahorSiwukrds Olffice ,11 .Sing.nityrrre to;"Latrerr*nr CEm t lte�s �rr n.at rrLu>u VMEM II.WEARING OF UNIFORMS: 17.INVESTIGATIONS: Where the wearing of a particular uniform or special apparel is a The Director or Designated Agent shall investigate and take all condition of employment,the employer shall pay the cost of purchases, proceedings necessary to enforce the payment of the minimum maintenance,and cleaning of the uniforms or special apparel. If the wage rate and other alleged violations of this wage order, uniform furnished by the employer is plain and washable and does not pursuant to Colorado Minimum Wage Act C.R.S. § 8-6-119. need or require special care such as ironing,dry cleaning,pressing,etc., the employer need not maintain or pay for cleaning. 18.ENFORCEMENT: Exception: Clothing accepted as ordinary street wear and the The Director has the power,in person or through any authorized ordinary white or any light colored plain and washable uniform representative,to inspect,examine and make excerpts from any need not be furnished by the employer unless a special color, book,reports,contracts,payrolls,documents,papers,and other make,pattern,logo or material is required. An employer may records of any employer that in any way pertain to the question of require a reasonable deposit(up to one-half of actual cost)as wages and to require from any such employer full and true security for the return of the uniform fumished to employees upon statement of the wages paid. issuance of a receipt to the employee for such deposit. The entire deposit shall be returned to the employee when the uniform is 19.RECOVERY OF WAGES: returned. The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee's wages An employee paid less than the legal minimum wage is entitled to or deposit. recover in a civil action the unpaid balance of the full amount of such minimum wage,together with costs of the suit, 12.REDUCTION OF WAGES: notwithstanding any agreement to work for a lesser wage, pursuant to§8-6-118 C.R.S. Nothing in this order shall limit the right of an employer to reduce an employee's wages by an amount equal to any lawful charges or 20. REPRISALS: indebtedness owing by the employee to the employer,(C.R.S..8-4-104 (2),provided that said reductions shall not reduce the hourly rate below Employers shall not threaten,coerce,or discharge any employee the applicable minimum wage. because of participation in any investigation or hearing relating to the Minimum Wage Act. Violators may be subject to a fine of not 13.RECORD KEEPING: less than two hundred dollars($200.00)up to one thousand dollars($1,000.00)for each violation,pursuant to§8-6-I 15 Every employer shall keep at the place of employment or at the C.R.S. employer's principal place of business in Colorado a true and accurate record for each employee which contains the following information: 21. VIOLATIONS: a)Name,address,social security number,occupation and date of hire of said employee. Any employer or other person who individually or as an officer, b)Date of birth if the employee is under eighteen(18)years agent or employee of a corporation or other person,pays or causes of age. to be paid an employee covered by this Wage Order less than the c)Daily record of all hours worked. minimum wage is guilty of a misdemeanor. Conviction thereof d)Record of allowable credits and declared tips. will subject the offender to a fine of not less than one hundred e)Regular rates of pay,gross wages earned,withholdings dollars($100.00)nor more than five hundred dollars($500O0),or made and net amounts paid each pay period. An itemized by imprisonment in the county jail for not less than thirty(30) earnings statement of this information shall be provided to each days nor more than one(I)year,or both such fine and employee each pay period. Such records shall he kept on file at imprisonment, pursuant to§8-6-I 16 C R.S. least two years from date of entry. 22. POSTING REQUIREMENTS: 14.ADMINISTRATION AND INTERPRETATION: Every employer covered by this Wage Order must display a Wage The Division of Labor shall have jurisdiction over all questions of fact Order Poster in an area frequented by employees where it may be arising with respect to the administration and interpretation of this easily read during the work day. order. Where the locations of work or other conditions make this impractical,every employer shall keep a copy of this Wage Order 15.SEPARABILITY CLAUSE: and make it available to every employee upon request. If any section,sentence,clause or phrase of this order is for any reason 23.DUAL JURISDICTION: held to be invalid,such decision shall not affect the validity of the remaining portion of the order. Whenever employers are subjected to both Federal and Colorado law,the law providing greater protection or setting the higher 16.FILING OF COMPLAINTS: standard shall apply. For information on the federal law contact the nearest office of the U.S.Department of Labor,Wage and Any person may register with the Division a written complaint that Hour Division. alleges a violation of the Minimum Wage Order within two(2)years of said violation(s). LabvrStandatds ©ffice,; 72 Departri a nt of abor anflm t�+y amt Calar•adn. abor Law COLORADO AND FEDERAL MINIMUM WAGE AND OVERTIME COMPARISONS FEDERAL COLORADO Minimum Wage- $5.15 per hour effective September I,1997. Minimum Wage-$5.15 per hour effective October 1, 1997. The minimum wage law applies to all employees of enterprises that have Colorado Minimum Wage Order#21 requires the payment of$5.15 per hour annual dollar volumes of at least$500,000. It also applies to employees of for employees of the following industries:retail trade;food and beverage; smaller firms if the employees are engaging in interstate commerce or in the health and medical;service industries and construction industries. production of goods for commerce,such as employees who work in transportation or communications or who regularly use the mails or An employer may deduct an allowable tip credit from the minimum wage telephones for interstate communications. It also applies to all employees of and pay the tipped employees a cash wage of$2.13 per hour. Any federal,state or local government agencies,hospitals and schools,and it combination of tip credit and cash wage must at least equal the minimum generally applies to domestic workers such as housekeepers,chauffeurs and wage of$5.15 per hour for all straight time worked. full-time babysitters. The laws contains a number of exemptions from the minimum wage that may apply to an individual worker. The Wage and Hour Time and one-half the regular rate of pay is required for all hours worked Division has a Handy Reference Guide to the Fair Labor Standards Act that over 40 hours per week and over 12 hours per day(8 hours per day for explains how the law applies. minors)'by non-exempt employees. A subminimum wage-$4.25 an hour--is established for employees under 20 Unemancipated youths under 18 years of age may be paid$4.38 per years of age during their first 90 consecutive calendar days of employment hour with an employer. Employers are prohibited from displacing employees(i.e. reducing hours,wages,or benefits and terminating) in order to hire youth at *NOTE: Colorado's standard is higher than the Federal rate regarding the subminimum wage. hours in excess of 12 hours per workday and over 8 hours per workday for minors. Time and one-half the regular rate of pay is required for all hours worked in excess of 40 per week by non-exempt employees. MEALS AND REST PERIODS FEDERAL COLORADO MEAL PERIODS- MEAL PERIODS- (a)Bona fide meal periods,. Bona fide meal periods are not work time. Bona No employee shall be employed for a period of more than five(5) fide meal periods do not include coffee breaks or time for snacks. These are hours without a meal period of not less than thirty(30)minutes. rest periods. The employee must be completely relieved from duty for the When a work period of not more than six(6)hours will complete purpose of eating regular meals. Ordinarily 30 minutes or more is long the day's work,the meal period shall be optional.An on duty meal enough for a bona fide meal period. A shorter period may be long enough period will be permitted when the nature of the work prevents an under special conditions. The employee is not relieved if she/he is required employee from being relieved of all duties.The time spent for such to perform any duties,whether active or inactive,while eating. For example, on duty meal period shall be counted as time worked. When an on an office employee who is required to eat at her/his desk or a factory worker duty meal period is required,the employer shall permit the who is required to be at her/his machine is working while eating. employee to eat said meal on the job and compensate the employee for the on duty meal period (h)It is not necessary that an employee be permitted to leave the premises if she/he is otherwise completely freed from duties during the meal period. REST PERIODS- REST PERIODS- Every employer shall authorize and permit all employees to take Rest periods of short duration,running from 5 minutes to about 20 minutes, rest periods,which,insofar as practicable shall be in the middle of are common in industry. They promote the efficiency of the employee and each four(4)hour work period. At least a ten(10)minute rest are customarily paid for as working time. They must be counted as hours period for each four(4)hours or major fraction thereof shall he worked. Compensable time of rest periods may not be offset against other permitted for all employees.Such rest periods shall not be deducted working time such as compensable waiting time or on-call time. from the employee's wages. It is not necessary that the employee leave the place of employment for this rest period. LaborStaadards Office 'r X3 a 3 urlur ntot abot.an !mbr#f,well Cvlvru a.aGr, rLuas EXCERPTS FROM THE from section 8-12-110 to submit to a test of his ability to perform the skills required for the proposed occupation.Such tests may be COLORADO YOUTH EMPLOYMENT administered by a community and technical college,a private OPPORTUNITY ACT, occupational school,or any other institution which offers courses in the skills required,which courses are approved by the state board for ',. community colleges and occupational education,or the private TITLE 8 ARTICLE 12, Colorado n` occupational school division. Revised Statutes 1997 (4)Any employer,minor,minor's parents or guardian,school official, or youth employment specialist may request an exemption,as `0 provided in subsection(3)of this section,from a provision of this article. 8-12-103.Definitions.As used in this article,unless the context 8-12-105.Minimum age requirements..maximum hours of work. otherwise requires: (1)No minor under the age of fourteen shall be permitted (1) Repealed. employment in this state except as authorized by sections 8-12-104, 8-12-106,and 8-12-107. (2) Director means the director of the division of labor. (2)On school days,during school hours,no minor under the age of (3) Division means the division of labor in the department of labor sixteen shall be permitted employment except as provided in section and employment. 8-12-113;and,after school hours,no minor under the age of sixteen shall be permitted to work in excess of six hours unless the next day (4) Employment means any occupation engaged in for compensation is not a school day. in money or other valuable consideration,whether paid to the minor or to some other person,including,but not limited to,occupation as a (3)Except for baby-sitters,no minor under the age of sixteen shall be servant,agent,subagent,or independent contractor. permitted to work between the hours of nine-thirty p.m.and five a.m., except as authorized by section 8-12-104(2),unless the next day is (5) Minor means any person under the age of eighteen,except a not a school day. person who has received a high school diploma or a passing score on the general educational development examination.The state board of (4)Except for the provisions of subsection(5)of this section,no education may administer the general educational development employer shall be permitted to work a minor more than forty hours in examination to any minor seventeen years of age or older who wishes a week or more than eight hours in any twenty-four hour period.In to be considered an adult for the purpose of this article if such person case of emergencies which may arise in the conduct of an industry or is qualified to take the examination under the standards established occupation(not subject to a wage order promulgated under article 6 by the state board of education. of this title)the director may authorize an employer to allow a minor to work more than eight hours in a twenty-four hour period.In such (6) School day means any day when normal classes are in session emergencies an employee shall be paid at a rate of one and one-half during the regular school year in the school district. times his time rate as determined in accordance with the provisions of section 8-6-106 for each hour worked in excess of forty hours in a (7) School hours means that period during which the student is week. expected to be in school in the school district. (5)In seasonal employment for the culture,harvest,or care of 8-12-104.Exemptions. perishable products where wages are paid on a piece basis,as (1)The provisions of this article,except section 8-12-110,shall not determined in accordance with the provisions of section 8-6-106,a apply to the following: minor fourteen years of age or older may be permitted to work hours (a)School work and supervised educational activities; in excess of the limitations of subsection(4)of this section;but in no (b)Home chores; case is he permitted to work more than twelve hours in any (c)Work done for a parent or guardian,except where the parent twenty-four hour period nor more than thirty hours in any or guardian receives any payment thereof; seventy-two hour period;except that a minor fourteen or fifteen years (d)Newsboys and newspaper carriers. of age may work more than eight hours per day on only ten days in any thirty-day period.Overtime wage provisions of subsection(4) (2)Any minor employed as an actor,model,or performer shall be • shall not apply to this subsection(5). exempt from the provisions of subsection(I)of section 8-12-105. 8-12-106.Permissible occupations at age nine or older. (3)The director may grant exemptions from any provision of this (1)Subject to the limitations of sections 8-12-105 and 8-12-110,any article,except for sections 8-12-113 and 8-12-114,for an individual minor at age nine or older shall he permitted employment in any of minor if he finds that such an exemption would be in the best interests of the minor involved.In granting exemptions,the director the following nonhazardous occupations: shall consider,among other things,the previous training which the (a)Delivery of handbills,advertising,and advertising samples; minor has received in his proposed occupation and his knowledge of (h)Shoeshining; the proper safety measures to be taken in connection with such (c)Gardening and care of lawns involving no power-driven occupation.The director may require any applicant for an exemption lawn equipment; LabarStandards Office; 14 beRINEN,purtmerxl ,�'Luhe�aaa�,�,frr; nerl� Gx»rari��abnr �n� didgenalEMMENOMENEMPAREMMEMUMBiniininilliiiinig (d)Cleaning of walks involving no power-driven snow-removal items,courtesy service,car cleaning,washing,and polishing, equipment; the use of hoists where supervised,and changing tires,except (e)Casual work usual to the home of the employer and not that no minor may inflate or change any tire mounted on a rim specifically prohibited in this article; equipped with a removable retaining ring.The operation of (0 Caddying on golf courses; motor vehicles shall be subject to article 2 of title 42.C.R.S.; (g)Any other occupation which is similar to those enumerated (J) Occupations in retail stores,including cashiering,selling, in this subsection(1)and is not specifically prohibited by this modeling,art work,work in advertising departments,window article. trimming,price marking by hand or machine,assembling orders,packing and shelving,or bagging and carrying out 8-12-107.Permissible occupations at age twelve or older- customers'orders;(k)Occupations in restaurants,hotels, (1)Subject to the limitations of sections 8-12-105 and 8-12-110,any motels,or other public accommodations,except the operation minor at age twelve or older shall be permitted employment in any of of power food slicers and grinders; the following nonhazardous occupations: (1) Occupations related to parks or recreation,including but not (a)Sale and delivery of periodicals and door-to-door selling of limited to recreation aides and conservation projects; merchandise and the delivery thereof; (m)Any other occupation which is similar to those enumerated (b)Baby-sitting; in this subsection(1)and not specifically prohibited by this (c)Gardening and care of lawns,including the operation of article. power-driven lawn equipment if such type of equipment is approved by the division or if the minor has received training 8-12-109.Permissible occupations at age sixteen. conducted or approved by the division in the operation of the In addition to the occupations permitted by sections 8-12-106 to equipment; 8-12-108 and subject to the limitations of sections 8-12-105 and (d)Cleaning of walks,including the operation of power-driven 8-12-110,any minor sixteen years of age or older shall be permitted snow-removal equipment; employment in any occupation which involves the use of a motor (e)Agricultural work,except for that declared to be hazardous vehicle if the minor is licensed to operate the motor vehicle for such under the Fair Labor Standards Act of 1938,as amended. purpose pursuant to article 2 of title 42,C.R.S. However,it is the intent of the general assembly that migrant children eligible for attendance at migrant schools be 8-12-110.Hazardous occupations prohibited for minors. encouraged to attend such schools. (I)No minor shall be permitted employment in any occupation (0 Any other occupation which is similar to those enumerated declared to be hazardous in subsection(2)of this section unless such in this subsection(1)and is not specifically prohibited by this minor is fourteen years of age or older and he is employed: article. (a)Incidental to or upon completion of a program of apprentice training; 8-12-108.Permissible occupations at age fourteen. (b)Incidental to or upon completion of a student-learner (1)In addition to the occupations permitted by sections 8-12-106 and program of occupational education under the auspices of a 8-12-107,and subject to the limitations of sections 8-12-105 and public school,junior college,community and technical college, 8-12-110,any minor fourteen years of age or older shall be permitted federally funded work-training program,or private occupational employment in any of the following occupations: school approved by the private occupational school division; (a)Non-hazardous occupations in manufacturing; (c)Upon completion of any other program of training approved (b)Public messenger service and errands by foot,bicycle,and by the state board for community colleges and occupational public transportation; education;or; (c)Operation of automatic enclosed freight and passenger (d)Upon completion of a program of occupational education elevators; conducted outside this state which the director determines offers (d)Janitorial and custodial service,including the operation of . instructional quality and content comparable to that offered in vacuum cleaners and floor waxers; programs certified by the state board for community colleges (e)Office work and clerical work,including the operation of and occupational education. office equipment; (f)Warehousing and storage,including unloading and loading (2)The following occupations are declared to be hazardous: of vehicles; • (a)Operation of any high pressure steam boiler or high (g)Nonhazardous construction and nonhazardous repair work. temperature water boiler; The operation of motor vehicles shall be subject to article 2 of (b)Work which primarily involves the risk of falling from any title 42,C.R 5.; elevated place located ten feet or more above the ground except (h)Occupations in retail food service; that work defined as agricultural involving elevations of twenty (I) Occupations in gasoline service establishments,including feet or less above ground; but not limited to dispensing gasoline,oil,and other consumer (c)Manufacturing,transporting,or storing of explosives; Labor Standards Ojrre ,', IS D itut+nento Cabnr;anrdEm ten# �a+, rol'orttnkrLtrfu (d)Mining,logging,oil drilling,or quarrying; 8-12-112.Proof of a high school diploma,a passing score on the (e)Any occupation involving exposure to radioactive general educational development examination,or completion of a substances or ionizing radiation; vocational education program.Any employer may require proof of a (f)Operation of the following power-driven machinery: high school diploma,a passing score on the general educational Woodworking machines,metal-forming machines,punching or development examination,or completion of a vocational education shearing machines,bakery machines,paper products machines, program.The employer shall be required to maintain a record of such shears,and automatic pin-setting machines and any other high school diploma,proof of a passing score on the general power-driven machinery which the director determines to he educational development examination,or completion of a vocational hazardous, education program. (g)Slaughter of livestock and rendering and packaging of meat; (h)Occupations directly involved in the manufacture of brick or 8-12-113.School release permit. other clay construction products or of silica refractory products; (1)Any minor fourteen or fifteen years of age who wishes to work on (1)Wrecking or demolition,but not including manual auto school days during school hours shall first secure a school release wrecking; permit.The permit shall be issued only by the school district (j)Roofing; superintendent,his agent,or some other person designated by the (k)Occupations in excavation operations. board of education.The school release permit shall be issued only for a specific position with a designated employer.The permit shall be (3)The director shall promulgate regulations,in accordance with for a specific length of time not to exceed thirty days.The permit section 24-4-103,C.R.S.,to define the occupations prohibited under shall be canceled upon the termination of such employment and shall this section and to prescribe what types of equipment shall be he issued only in the following circumstances; required to make an occupation nonhazardous for minors. (a)If the minor is to be employed in an occupation not prohibited by section 8-12-110 and as evidence thereof presents 8-12-111.Age certificates. a signed statement from his prospective employer;and (1)Any employer desiring proof of the age of any minor employee or (b)If the parent or guardian of the minor consents to the prospective employee may require the minor to submit an age employment;and certificate.Upon request of a minor,an age certificate shall be issued (c)If the issuing officer believes the best interests of the minor by or under the authority of the school superintendent of the district will be served by permitting him to work. or county in which the applicant resides.The superintendents, (2)The school release permit shall show the name,address.and principals,or headmasters of independent or parochial schools shall description of the minor,the name and address of the employer,the kind of work to be performed,and the hours of exemption and shall issue age certificates to minors who attend such schools. (2)The age certificate shall show the age of the minor,the date of his also require the signature of the parent and the minor in the presence of the issuing officer. birth,the date of issuance of the certificate,the name and position of (3)Inasmuch as it is desirable and practical to encourage school the issuing officer,the name,address,and description of the minor, attendance by minors at least part time,no school release permit shall and what evidence was accepted as proof of age.The age certificate be issued under this section unless limited to require class attendance shall also show the school hours applicable and shall state that a by the minor for at least three class hours each regular school day, separate school release permit is required for minors under sixteen to except that in cases of extreme hardship,class attendance may be .It shall be waived if the issuing officer determines that such action would be in work on regular school days during such school hours the best interest of the minor. signed by the issuing officer and by the minor in his presence. (4)If the issuing officer is in doubt about whether the proposed (3)An age certificate shall not be issued unless the minor's birth employment is in accordance with this article,he shall consult with certificate or a photocopy or extract thereof is exhibited to the issuing the division before issuing the permit. (5)Upon termination for any reason of the employment authorized, officer,or unless such evidence was previously examined by the the employer shall return the school release permit directly to the school authorities and the information is shown on the school issuing officer with a notation showing the date of termination. records.If a birth certificate is not available,other documentary (6)The issuing officer is authorized to cancel a school release permit evidence such as a baptismal certificate or passport may be accepted if the issuing officer determines that the action would be in the hest If such evidence is not available,the parent or guardian shall appear interest of the minor.If a school release permit is canceled,for with the minor and shall make an oath before the judge or other reasons other than the termination of employment for which the officer of the juvenile or county court as to the age of the minor. permit was granted,the minor shall be entitled to a review of the cancellation by the court having jurisdiction of juvenile matters in the (4)The employer shall keep an age certificate received by him for - > county in which the minor resides,in accordance with the procedures the duration of the minor's employment and shall keep on file all age established by section 8-12-114. certificates where they may be readily examined by an agent of the division.Upon termination of employment and upon request,the certificate shall be returned to the minor. Labor Standards Office D p ariment oMigeNbkiENSIN ,f' iar and Emptoymexu 'oThr do Labor Law u 8-12-114. Appeal from the denial or cancellation of a school Each day that the conduct constituting the violation is continued after.. release permit-procedure the order is made final,and each minor employed in violation of this article,constitutes a separate offense.The order imposing the penalty (I)If a minor is refused a school release permit or has had a school shall become final upon issuance,and the penalty shall be due and release permit canceled for reasons other than the termination of payable thirty days after the order assessing the penalty is entered, employment for which the permit was granted,he shall be entitled to unless prior to that time the order has been modified or a hearing on review by the court having jurisdiction ofjuvenile matters in the the penalty has been requested as provided by section 24-4-105, county in which the minor resides,in accordance with the procedures C.R.S. All penalties imposed by this section shall be collected as described in this section provided in section 8-I-142. (2)The official who refused to issue or canceled the school release permit shall,upon demand made within five days after the refusal or cancellation,promptly furnish the minor and his parent or guardian (5)The findings,orders,and penalties made by the director shall be subject to judicial review pursuant to section 24-4-106,C.R.S. with a written statement of the reasons for such refusal or cancellation. (3)Within five days after receipt of such statement,the minor and his (6)The director may apply for an injunction in any court of parent or guardian may petition the court for an order directing the competent bjy this anticn to enjoin any person from committing any act prohibited by this article. issuance or reissuance of a school release permit. The petition shall state the reasons why the court should issue such an order,and the petitioner shall attach to such petition,the statement of the issuing (7)The director,in accordance with section 24-4-103,C.R.S.,shall promulgate rules and regulations more specifically defining the officer obtained as provided in subsection(2)of this section. occupations and types of equipment permitted or prohibited by this (4)The court shall hold a hearing and receive such further testimony article. and evidence as it deems necessary. If the court finds that the issuance of reissuance of a permit is in the best interest of the minor, it shall grant the petition. 8-12-116.Penalty for violations. (5)No fee shall be charged by the court in such proceedings. (1)Any person,having legal responsibility for a minor under the age of eighteen years,who knowingly permits such minor to he employed in violation of this article,is guilty of a misdemeanor and,upon 8-12-115.Director of the division of labor - powers and duties - rules and regulations. conviction thereof,shall be punished by a fine of not less than twenty-dollars nor more than one hundred dollars for each offense. (1)The director shall enforce the provisions of this article. (2)The director shall take the necessary steps to inform employers, school authorities,and the general public regarding the provisions of (2)Any person,firm,or corporation,or any agent,manager, this article,and he shall work with other public and private agencies superintendent,or foreman of any firm or superintendent, who,eby n himself or through an agent,subagent,foreman,superintendent,or to minimize the obstacles to legitimate employment of minors. manager,knowingly violates or knowingls fails to comply with any (3)The director shall receive and investigate complaints and may of the provisions of this article is guilty of a misdemeanor and,upon from time to time visit employers at reasonable times and inspect conviction thereof,shall be punished by a fine of not less than twenty pertinent records to determine compliance with this article. dollars nor more than one hundred dollars for each offense.Upon (4)If investigation of any place of employment or complaint conviction of a second or subsequent offense,such person shall be discloses a violation of this article,the director shall give the punished by a fine of not less than one hundred dollars nor more than employer written notice describing the violation and specifying the five hundred dollars,or by imprisonment in the county jail for not provisions of this article which such employer is allegedly violating. Within ten days of receipt of such notice of violation,the employer longer than ninety days,or by both such fine and imprisonment. may file a written request for a hearing on the issue of whether the violation exists,which hearing shall be conducted in accordance with 8-12-117.Minors covered by workmen's compensation. section 244-105,C.R.S. After a hearing concerning a violation of this article,or after the expiration of twenty days after the issuance of All minors,whether lawfully or unlawfully employed,shall be a notice of violation during which the employer has neither requested subject the rights and remedies of the Workers'Compensation Act of Colorraa do,articles 40 to 47 of this title,if the employer is included a hearing nor ceased the conduct which constitutes the alleged violation,the director may issue a final order requiring the employer within the meaning of section 8-40-203 to cease and desist the conduct found to be in violation.At any time thereafter,the director may order the violating employer to pay a penalty of twenty dollars for each offense. Labor,Standards Office I7 �I�inttnt,,a�`'labnru��t�m�rta;�ett�< � �'v�'a� �u�rL • FEDERAL AND COLORADO CHILD LABOR LAW COMPARISONS FEDERAL COLORADO The Fair Labor Standards Act(FLSA)regulates the minimum age and The Colorado Youth Employment Opportunity Act(Child Labor Law), maximum hours of employment of minors in certain occupations. The act is C.R.S.Title 8,Article 12,applies to all businesses operating in this state. very clear,however,that nothing in the FLSA authorizes or permits non- Exceptions are provided for newspaper carriers,actors,models, compliance with any other federal or state law,regulation or municipal performers,students engaged in school work or activities,and work ordinance that establishes a higher standard or regulation of child labor. if performed for parents(unless the parents are receiving payment for the standards applicable to the employment of a minor differ between the FLSA work). and its regulations,or between the FLSA and another federal or state statute Any person under age of 18 years who are high school graduates or have or regulation,then the higher standard is always applicable. passed the GED examination are not considered minors for purposes of this Act. SCHOOL RELEASE PERMIT FEDERAL COLORADO FLSA has a provision for 14 and 15 year-olds to be employed in approved Any minor 14 or 15 years of age who wishes to work on school days school-supervised and school-administered"Work Experience and Career during school hours shall first secure a school release permit. The permit Exploration Programs(WECEP)". Those enrollees may be employed during shall be issued only by the school district superintendent,his agent,or school hours for up to 3 hours on a school day,23 hours in a school week. some other person designated by the board of education. See Page 16. VIOLATIONS FEDERAL COLORADO The U.S.Department of Labor may impose civil penalties on employers of Misdemeanor conviction of employers may result in fines of tip to$100 up to$1,000 per offense,criminal fines up to$10,000 and/or up to 6 months per offense,fines of$1004500 and/or up to 90 days in jail for conviction in jail for willful violation. of a second offense. PROOF OF AGE FEDERAL COLORADO The employer must obtain and keep proof of age on file for anyone under No work permits are required in Colorado.Any employer 20.A certificate issued under law or other proof of age and identity as now desiring proof of age may require the minor to submit an age required by the immigration reform law is acceptable. certificate which shall be issued by the student's school,or the minor may submit as proof of age a copy of his/her birth or baptismal certificate,passport,or statement given under oath. Gabor S�'..... rris Office 18 Depn rxee�nt P Luhu��inr Byrne Y o t� d abor g PROHIBITED HAZARDOUS OCCUPATIONS FEDERAL COLORADO Many jobs are prohibited for minors under 16: These jobs are prohibited for minors: Commercial laundry processing;construction;cooking(except at soda Work around high pressure or temperature boilers;work performed at fountains,snack bars or cafeteria serving counters);food preparation or heights above 10 feet(20 feet for agricultural work);manufacturing, processing including the use of power-driven slicers,grinders,choppers, transportation and storage of explosives;mining;logging;drilling oil; cutters,bakery mixers and other equipment,freezers and coolers,and meat quarrying;work around radioactive substances or ionizing radiation;work processing other than wrapping,weighing and stocking for retail;equipment involving power-driven machinery including bakery machines,metal repair and maintenance;manufacturing;mining;public messenger services; forming,punching,shearing,paper products,cutting or shears,automatic communications and public utilities;transportation;warehousing and storage pin-setting,woodworking,food slicers and grinders and other power including loading and unloading goods and using hoisting apparatus; machines determined to be hazardous by the Director; window washing from outside heights;work performed around engine and slaughtering/rendering/packaging meat;manufacturing brick/clay/silica boiler rooms;work involving power-driven machinery.Other jobs are products;wrecking or demolition(not including manual auto wrecking); prohibited for minors under 18: roofing;excavation operations. Demolition and wrecking;exposure to radioactive materials or ionizing Minors employed through enrollment in a school program or employed radiation;excavation;logging and sawmill operations;manufacture and upon completion of a school-certified training or formal apprenticeship storage of explosives;manufacture of brick/tile construction products; training program may be exempt from the hazardous occupations mining;operation of power-driven equipment including circular saws and restrictions.The Director may also grant exemptions on a case-by-case cutting equipment,bakery machines,metal forming,punching,shearing, basis from both the occupational and hour restrictions if the job is paper products and cutting,woodworking machines;roofing; demonstrably in the best interest of the minor.Such an exemption would slaughtering/packaging/processing meat;operation of motor vehicles. NOT relieve the employer from obligations under the federal law. MINIMUM AGE REQUIREMENTS FOR YOUTH UNDER 18 YEARS OF AGE FEDERAL COLORADO 9 year-olds may deliver handbills,flyers and advertising;shine shoes; Agricultural Employment gardening,and care for lawns(no power driven equipment);cleaning of walks(no power driven snow removal equipment);caddy on golf courses 14 is the permissible age for most types of non-hazardous agricultural work. and casual house work. 16 is the minimum permissible age for agricultural employment in 12 year-olds may baby-sit;sell or deliver products door-to-door;care for occupations declared to be hazardous. lawns,gardens and walks using power equipment if they have received training on the equipment. They may also perform agricultural work not Non-Agricultural Employment designated as hazardous by the FLSA. 14 and 15 year-olds may work in limited occupations and for only limited 14 and 15 year-olds may work most types of non-hazardous jobs for periods of time outside school hours unless they are enrollment in a Work limited periods.They must have a school release permit to work during Experience Career Exploration Program(WECEP). 14 and 15 year-olds school hours. may NOT WORK in the following occupations: cooking,other than at lunch counters and snack bars,and within the view of the customer; manufacturing,mining,processing;most transportation jobs;work in warehouses and workrooms;on construction jobs except in the office;in any job involving hoists,conveyor belts,power-driven lawn mowers and other poser-driven machinery. The student-learner provisions applicable to some Hazardous Occupations for youth 16 and 17 years of age DO NOT apply to minors under the age of 16. 16 and 17 year-olds may work non-hazardous jobs for any hours. 16 and 17 year-olds may work non-hazardous jobs for limited hours. FOR A COMPLETE LISTING OF HAZARDOUS.IOBS SEE PAGES 15 and 18. ,�aM, Standards Office ! 19 MORI3arlmnt LalruNOMMINgillsidtionlanSMMEMEMPAREEMBEMPMEMENSmimmemmimigmoil rand mxltoor+ I aflr La�v OVERTIME COMPENSATION COVERED EMPLOYERS UNDER COLORADO MINIMUM WAGE ORDER#21 (A)The Retail Trade Industry (D)The Service Industries (B)The Food and Beverage Industry (E)The Construction Industry (C)The Health and Medical Industry The Colorado Minimum Wage Order#21 requires that covered employers pay non-exempt employees time and one-half of the regular hourly rate for any work in excess of forty(40)hours per workweek and/or for any work in excess of twelve(121 hours per workday. For specific information regarding Wage Order#21 see page 9. FAIR LABOR STANDARDS ACT EMPLOYEE COVERAGE The Fair Labor Standards Act(FLSA)is the federal law of most general application in matters involving wages and hours in the workplace. The Act establishes minimum wage,overtime and child labor provisions for employees of firms engaged in interstate commerce or employees of an enterprise which grosses in excess of$500,000 per year. The Act does not apply to Elected Officials or Political appointees or members of the staff nor does it apply to bona fide independent contractors and volunteers. The FLSA contains several exemptions from the federal minimum wage and overtime requirements,including salaried Executive, Administrative,and Professional employees. In addition,special provisions exist for Police,Firefighters,employees of educational institutions,Hospitals,Nursing Homes,and employees of states and local governments. Provisions of the FLSA arc very technical in nature,and care should used in interpreting all aspects of the law. For assistance contact the U.S.Department of Labor,Wage and Hour Division at the address and phone number shown on page 3 of this booklet,or see the U.S.Government Section of your local telephone directory. State and Federal overtime laws do not limit the number of hours that ADMINISTRATIVE EMPLOYEE an employee may work,either daily or weekly. These laws simply require that non-exempt employees be paid not less than one and one- A salaried individual who directly serves the executive,who half times their regular rate of pay for each overtime hour worked. The regularly performs duties important to the decision-making FLSA requires overtime wages for all work in excess of forty(40)hours process of the executive.who regularly exercises independent per week. judgment and discretion in matters of significance and/or whose primary duty is non-manual in nature and directly related to In Colorado employees covered under Wage Order#21 are entitled to management policies or general business operations. one and one-half times their regular rate of pay for time worked over twelve(12)hours per day(24 consecutive hours)and/or forty(40) EXECUTIVE hours per week. An individual who is in charge of an enterprise.department,or a division thereof and/or whose principle duty is management of A workweek consists of 7 consecutive 24 hour periods,i.e., 168 that enterprise,department or division. An Executive regularly consecutive hours,designated by the employer. The workweek may supervises the work of two other full time employees. He/She has begin at any particular time of day and any day of the week. Partial the authority to hire,fire and train employees. In general they overtime exemptions exist for certain categories of workers. For have to run the business,and customarily and regularly exercise example,certain employees of hospitals,nursing homes,or discretionary powers. establishments for the sick,aged,or mentally ill may have their overtime compiled on a 14 day period. PROFESSIONAL An individual employed in a field of endeavor who has Of the many FLSA exemptions from minimum wage and overtime,the knowledge of an advanced type in a field of science or teaming exemption for executive,administrative or professional employees is customarily acquired by a prolonged course of specialized the most common. In order to qualify for the exemption,employees in intellectual instruction and study. Doctors,registered nurses, these categories must meet both duties and salary requirements. certified public accountants,engineers,attorneys and teachers arc examples of professional employees- However.the professional employee must be employed in the field they are trained in to be considered a professional employee. An electronic engineer working on a turf farm is not going to he exempt,and neither is a doctor working construction or other unrelated fields. Labsr Standrerrls f)ffise 20 . .^ 1)¢putn�rl ,f'�tr#iar axt .�tro�mexx�` z Ca�xrrad�r�a�ar The difference between a salaried overtime exempt,a salaried overtime IF EMPLOYEES AGREE TO WORK OVERTIME DO THEY non-exempt,and an hourly employee is determined upon reviewing HAVE TO BE PAID OVERTIME? several factors as follows: Employees who agree to work overtime must he paid for that time since it is work which benefits the employer. The employer must instruct An hourly wage is a set amount of money paid for each hour that employees not to work overtime and may take disciplinary action an employee works,an hourly paid employee is non-exempt against employees who work unauthorized overtime. (entitled to overtime). A salary is a fixed amount of dollars that an employee earns each pay period. Unless a specific numbers MUST THE ACTUAL OVERTIME PAY BE INCLUDED IN THE hours are predetermined and agreed to,the salary is considered as PAYCHECK FOR THE PAY PERIOD IN WHICH THE straight time pay for all hours worked. Non-exempt employees OVERTIME WAS WORKED? would be entitled to additional half time for all overtime hours The FLSA does not provide when employees are to be paid. However, worked. a delay of more than two pay periods after the period in which the work was performed is not be acceptable. Employers cannot arbitrarily decide who is exempt or non-exempt. The employer must compare the job description and salary information for CAN HOURS WORKED BE AVERAGED OVER SEVERAL each position against federal and state laws,to determine the exempt or WORKWEEKS THROUGH THE USE OF COMP TIME IN non-exempt classification for each employee. ORDER TO AVOID PAYING OVERTIME? No.In computing hours worked,the FLSA requires that each workweek NON-EXEMPT EMPLOYEES(entitled to overtime pay) stand alone. It does not permit the averaging of hours over two or more Non-exempt employees'work is routine,with set standards or rules, weeks,with the exception of police,firefighters,and certain hospital and the position does not require independent judgment or discretion. and nursing home employees. Generally,hourly paid employees are non-exempt even if they perform exempt type duties. Conversely,employees paid on a salary basis are WHEN DO SALARIED EMPLOYEES QUALIFY FOR not automatically exempt. Salaried employees whose primary function OVERTIME? is to perform non-exempt type work do not qualify for the exemption. Non-exempt salaried employees must receive overtime wages tinder the same rules as an hourly paid employee,i.e.after 40 hours of work per INDEPENDENT JUDGEMENT OR DISCRETION week. Unless an agreement to the contrary exists prior to the An employee who exercises discretion or independent judgment,makes performance of work,a salary is considered payment for all hours decisions freely without needing approval. The employee can compare worked in the salary period at the straight time rate. Except in very rare and evaluate several possible options and make a decision without circumstances,a salary is never considered payment for overtime hours seeking approval. Such decision-making authority must involve worked. matters of significance,be free from management review and exercised To calculate the overtime wages for a non-exempt salaried employee,it freely without fear of repercussions. is first necessary to divide the weekly salary by the total number of hours the salary is intended to cover. If the salary is for a CAN AN EMPLOYEE BE FORCED TO WORK OVERTIME? predetermined fixed number of hours,divide the salary by the hours Yes,an employer can legally require adult employees to work as many worked to arrive at the regular rate. The employee is then entitled to hours as required by business necessity. one and one-half times this rate for all overtime hours. (See example#3 on page 22.) DOES THAT MEAN AN EMPLOYEE CAN BE ORDERED TO If no prior agreement exists,the salary is considered compensation for WORK ON SCHEDULED DAYS OFF.HOLIDAYS OR all hours worked. In this situation,divide the weekly salary by the total WEEKENDS? number of hours worked in the work week to arrive at the regular rate. Yes. • The regular rate will fluctuate each week as the number of hours worked fluctuates. With straight-time already compensated in the CAN AN EMPLOYEE ENTITLED TO OVERTIME AGREE TO salary,only one-half of the regular hourly Tale of pay is owed for all WORK EXTRA HOURS AT STRAIGHT TIME? hours worked in each work week. (See example#4 on page 22.) No. Employees cannot waive a right that requires the payment of overtime either in an oral or written agreement. CRS 8-4-125. Caution: When dividing a salary by the hours worked,the resulting regular rate cannot be less than the required minimum wage. REGULAR RATE OF PAY The term regular rate of pay refers to a calculated hourly rate. The CAN EMPLOYEES WHO ARE PAID HOURLY,BUT ARE employer must consider many different payments to accurately DOING EXEMPT-TYPE WORK,BE CLASSIFIED UNDER ONE calculate the correct pay for overtime hours. In addition to the OF THE EXEMPT CATEGORIES? established hourly rate,any additional amounts paid for shift As long as an employee is paid hourly,he or she normally is not differential,non-discretionary bonuses,promotional bonuses,and cost considered exempt. Exceptions to this rule apply to Doctors,Lawyers, of living adjustments must be included in the calculation of regular rate and Teachers. of pay for overtime purposes. Contact the U.S.Department of Labor,Wage and Hour Division for Not required to be included in the regular rate of pay: specific information. `Reimbursements for business expenses *Discretionary bonuses,(i.e.Christmas and special occasion ARE NURSES CONSIDERED EXEMPT EMPLOYEES? WHAT bonuses) ABOUT PRACTICAL NURSES? 'Gifts Registered nurses paid on a salary basis are considered exempt *Paid leave(vacation,sick,jury duty,etc.) employees under the Professional category(29 C.F.R.541.302(e)(1)). If the RN is paid hourly,he or she is not exempt. Practical nurses,however,are considered nonexempt employees regardless of the method of pay. Labor Standgrds Office 2X •i,iim ;� :.. . :.: Lvmrxu a abrxr:„. raw �OW TO COMPUTE OVERTIME PAY "TIPPED"EMPLOYEE'S OVERTIME PAY Employers are permitted to utilize part of an employees tips(up to $3.02 per hour)together with an hourly cash wage of at least$2.13 per hour to meet the current minimum wage of$5.15 per hour. EXAMPLE#1 An non-exempt employee covered under Wage Order#21 earning $5.15 per hour is required to work 2 sixteen hour days and 2 five hour When a"tipped"foll employee works workweek owe,the e owed are calculated as follows for a 50 hour example: days for a total of 42 hours in the workweek. That employee is entitled to 4 hours of overtime in each of the sixteen hour days because of the 50 hours at$5.15 (Minimum hourly rate) _ $257.50 12 hour workday limitation in Wage Order#21. The earnings 10 hours at$2.58 (Time and one-half hourly rate) _ $25.80 computation would be: No tip credit is allowed against the additional half time due for Step 1.$5.15 per hour x 34 straight time hours=$175.10 overtime hours. Overtime is computed on the employees'regular rate, in this case,the minimum wage of$5.15 per hour. The overtime Step 2.$7.73($5.15 x 1.5=$7.73)x 8 overtime hours=$61.84 calculation in this example would be 10 hours x$2.58= $25.80. Total Wages Due =$226.64 Total wages owed = $283.30 EXAMPLE#2 However,$151.00($3.02 x 50 hours)may be used as Tip Credit against An employee paid on a bi-weekly payroll works 46 hours the first week the minimum wage,leaving a balance of$132.30 due as cash wages. and 34 hours the second week at$6.50 per hour. Since each workweek stands alone,the employer cannot combine the.2 weeks to avoid paying Tip credit utilized by employer =$151.00 overtime and must pay six hours at time and one-half for the first Cash wages due = $132.30 workweek. The computation of overtime would be: Step 1. Week#1 40 hours x$6.50=$260.00 6 hours x$9.75($6.50 x 1.5) =$58.50 commIssION SALES EMPLOYEES Step 2.Week#2 34 hours x$6.50=$221.00 Total wages due $539.50 Commission payments—general. Commissions(whether based on a percentage of total sales or of sale's EXAMPLE#3 using some other formula)are payments for hours worked and must be A non-exempt employee is hired at a$500.00 weekly salary for a fixed included in the regular rate. This is true regardless of whether the workweek of 40 hours. The employee works 43 hours one week. commission is the sole source of the employee's compensation or is The overtime computation would be: paid in addition to a guaranteed salary or hourly rate,or on some other basis,and regardless of the method,frequency,or regularity of Step I.Determine the regular rate to compute straight time wages. computing,allocating and paying the commission. It does not matter Divide the weekly salary($500)by the fixed hours(40):$500+40= whether the commission earnings are computed daily,weekly, $12.50 per hour. biweekly,semi-monthly,monthly,or at some other interval. Step 2.Straight time wages are: Overtime Requirements: 43 hours x$12.50=$537.50 Overtime pay for an employee employed in a retail establishment and paid on a commission basis is not required providing that the following Step 3.Overtime wages at additional half time: conditions are met: $12.50 x 0.5 x 3 hours=$18.75 (a)The"regular rate"of pay of such employee must he more than one and one-half time the minimum hourly rate,and Total wages owed $556.25 (b)More than 50%of the compensation for a"representative period"(not less than one month)must represent commissions. EXAMPLE#4 Methods of Compensation for Commission Paid Employees. A non-exempt employee is hired at a$500.00 weekly salary for all 1. Salary plus commissions hours worked in the week. The employee works 50 hours one week. 2. Quota bonus The overtime computation would be: 3. Straight commissions without"advances,guarantees,or draws" Step 1. Determine the regular rate by dividing the salary($500)by all 4. Straight commissions with"advances,guarantees.or draws" hours worked(50):$500-50=$10.00 per hour. Step 2. Straight time wages are: 50 hours x$10.00=$500. Commissions are considered as wages and or compensation under Colorado Wage Law and once earned by the employee pursuant to an Step 3. Overtime wages at additional half time: agreement with the employer must be paid on at least a monthly basis $10.00 x 0.5 x 10 hours=$50.00 and upon separation from employment. Absent an expressed agreement to the contrary,an employee's right to a commission vests when the Total wages owed $550.00 sales contract is entered,even if,under an employment agreement, payment occurs only when the sale is consummated Hofer v Polly iitEtititt:iditdttiLetbilr:Standards Offres; 22 Doan road v ithor aldd Em ,yme �t tr radi Adder di EWPWAggINWMMSRRii.tiNgIWBWNMOMWNNINWWWWWWMIEVWAMgggmfigAWOMM Little Realtors,Inc.,37 Colo.App.86,543 P.2d 114(1975). If a sale Example 4 closes after an employee's termination,a prima facie case for the Weeks 3 and 4 of the four week pay period. commission is made if it can be shown that the employee would have Employee works 55 hours per week for a two week period. received the commission(s)had she/he remained employed Schaefer v. Minimum wage for 110 total hours at$5.15 per hour=$566.50. Horton-Cavey,Colo.App.692 P.2d 1132(1984). Employee was advanced$500.00 for the two week pay period and earned$1000.00 in commissions for the two week pay period. Required Minimum Wage = $566.50 Total Commissions(Exceeds Minimum Wage) _$1,000.00 Less amount of draw $500.00 RAWS AGAINST COMMISSIONS: Commissions in excess of Draw due employee $500.00 (See definition of"Draw"as an Advance—page 29) Since a"Draw"is an Advance against commissions,an employer may recover the total amount of the Draw if the employee's commissions exceed the minimum wage for that pay period. If the employee's commissions do not at least equal the minimum wage,the employer may only recover that portion of the draw which,together with commissions,exceeds the minimum wage for the pay period. Example I Weeks 1 and 2 of a monthly representative period. ALARIED EMPLOYEES Employee works 55 hours per week for a two week period(110 hours). Minimum wage for 110 hours(total hours)at$5.15 per hour=$566.50. HOW TO COMPUTE HOURLY RATES FOR SALARIED Employee was advanced a$500.00 draw and earned$600.00 in EMPLOYEES. commissions for the two week period. For an employee earning $230.00 for a 40 hour weekly salary: Required Minimum Wage = $566.50 Step 1.$230.00+40 hours=$5.75 per hour Commissions earned = $600.00 Or Less full amount of draw = $500.00 Step 2.$230.00 x 52 weeks=$11,960 per year Amount due employee from commissions = $100.00 $11,960+by 2080 work hours/year=$5.75 per hour. The full amount of the draw can be recovered by employer because For an employee earning$2000 per month for a 40 hour work earned commissions of$600.00 is more than the minimum wage due week: employee. Step 1.$2000 x 12 months=$24,000 per year Example 2 $24,000-by 2080 work hours=S1 1.54 per hour Weeks 3 and 4 of the same representative period. Or Employee works 55 hours per week for a two week period(110 hours). Step 2.$2000 x 12 months=$24,000 per year Minimum wage is 110 total hours at$5.15 per horn=$566.50. $24,000'52 weeks=$461.54 per week Employee was advanced a$500.00 draw and earned$300.00 $461.54-40 hours=$11.54 per hour commissions for the two week period. For an employee earning a$360 a week for all hours worked,works Required Minimum Wage = $566.50 45 hours in a week: Commissions earned = $300.00 Step 1.$360-45 hours=$8.00 per hour=regular rate. Amount due from draw to equal minimum wage = $266.50 Step 2. Add Y.regular rate for overtime hours- 4.00 x 5 = $20.00 Amount employer may recover from draw = $233.50 Total Earnings =$380.00 The employer may only recover that portion of the draw which exceeds the amount necessary to equal the minimum wage. r Example 3 Weeks 1 and 2 of a four week pay period- HI k Employee works 55 hours per week for a two week period. Minimum wage for 110 total hours at$5.15 per hour=$566.50. C Employee was advanced$500.00 draw for the two week period.Earned - / $700.00 in commissions for the two week period. Total Commissions(Exceeds Minimum Wage) = 5700.00 Less amount of draw = $500.00 Commissions in excess of draw due employee = $200.00 labor!,Standards Offce 2 guiSi D rtaneneo La att.d •m• lia en vlar a tpLaw COMMONLY ASKED QUESTIONS My employer owes me wages,what can I do? c. The time between assignments is long enough for an employee A)File a written complaindclaim on forms provided by the Labor to use the time for activities at their discretion. If the time between assignments is too short to be used effectively by the Standards Office for the wages owed. After the unit has received a employee,that time can be considered as controlled or under the written complaint/claim it will attempt to contact the employer and direction of the employer and is therefore counted as"on duty" obtain payment. The unit has the authority to investigate and attempt to compensable work time. resolve the complaint. The Office cannot legally force the employer to pay nor represent you in court. What if an employee continues to work quitting time,must B)Under State Law,you may file a lawsuit for wages and penalties if they be paid for the extra time? past the employer illegally refuses to pay you wages that are due. If the suit involves your final wages,you can ask for a penalty of an additional This is the principle of"suffered or permitted"to work,in that an 50%of the amount due or up to 10 additional days wages,whichever is employer knows or has reason to believe that the employee is greater(C.R.S.8-4-104(3)). continuing to work past quitting time and therefore must compensate for the extra time. An employer has the obligation to establish and C)Under the section 16(b)of the federal Fair Labor Standards Act enforce a policy against off-the-clock work. (FLSA)you may file a lawsuit for the full amount of the wages owed to you plus an equal amount as liquidated damages,plus court costs,and attorney's fees. If I do some work at home in order to finish a task or something for my employer,am I entitled to get paid? What type of information do I need to provide before the unit can If the employer knows or has reason to believe that you are performing process my claim? work for him/her,it is considered compensable time. A)The labor standards unit will furnish the forms needed to initiate a claim. In completing the form with as much specific information as How can an employer control workers doing work at home? possible the unit will attempt to resolve the matter. It is the responsibility of the employer to inform employees not to work B)After your claim form has been reviewed and interviewed by a outside of scheduled work hours. The employer cannot benefit without Compliance Officer the employer will be contacted. compensating for work performed. They have the power to control overtime duties and must exercise that authority and not allow employees to dictate duty hours. What happens if my employer denies my claim? If the unit is unable to resolve your claim,you may need to file a If my employer requires me to wait awhile to see if I am needed to lawsuit in the appropriate court. You will be provided with the work am I entitled to pay for the time? necessary information by the Compliance Officer. The employee is considered"engaged to wait"and is entitled to compensation,on the other hand if the employee is informed that he is How much time to I have to file a claim? free to leave but elects to wait fora possibility of working,that waiting time is not compensable. Both the Federal and Colorado Laws provide a two year statute of limitations. This means that any wages earned more than two years before you file a claim may not be collectible. What if an employee agrees to waive a right for payment of waiting time,overtime,or to work extra hours for straight pay? How can I distinguish"on"and'off'duties? An employer cannot legally ignore a duty to pay fur hours worked or Under the FLSA the following situations regarding waiting time are not pay less than required by law. An employee cannot legally waive g gentitlement to earned compensation required by law and any agreement compensable duty times: either oral or written would be null and void. a. An employee is completely relieved of duty assignments and may leave;or h. The employee is allowed to leave until a specific time to retum;and Labor Standards Off[ 2d 11ep4rt b'nl v,f Lubor acted :.....errs aln da cha MIESEMinginegGum How are attendance at lectures,seminars or training treated for If 1 resign or quit,how soon can I get my final check? pay purposes? The final pay is due on the next regular pay day. Four conditions have to be met in order for such activities not to be counted as work time: I- They take place outside of scheduled work time; If 1 sign a contractor agreement.do I have to abide by it? 2- There is no work expected or performed; 3. The activities are attended on a voluntary basis and will not You need to consult with an attorney for information regarding a signed affect the employees status; contract even if the contract is contrary to Federal or Colorado Wage 4. The activities are not directly work related. Law and Regulations. Are employees entitled to be paid for lunch time if they eat at their Am I entitled to unemployment insurance benefits? desks? To inquire about Unemployment Insurance Benefits call 861-5515 in If an employee chooses to eat at his or her desk and is completely the Metro Area, 1-800-388-5515 Outside the Metro Area, 866-6069 for relieved from duty then that time would not be considered working time TDD(Hearing Impaired). so long as no work is performed. However,if an employee is required to eat at his or her desk,then that time could be considered working time. Employees who voluntarily eat at their desk,but answer phones Must my employer give me vacation? or perform other work are"working",even though it is voluntary on their part. Colorado law neither prohibits nor requires the granting of vacations. However,the Colorado Supreme Court has ruled that a vacation earned by an employee,in accordance with an employer's policy,must be paid Must employees who come in early to work be paid for that time? as wages upon separation of employment. The conditions under which the employee comes into work early would determine whether that time would be considered working time. How about other fringe benefits such as insurance,sick leave, However,if the employee comes in early and begins working or holidays,etc..? performing preliminary tasks necessary to the job,and the employers knows that the employee is working,then that time could be considered Employers in the private sector may provide such benefits,but they are working time. not required to provide them by law. Is on-call time considered work time? Can I be terminated from my job because I filed a workers' compensation claim? Pay for on-call time depends largely upon the employee's freedom while on call,including how quickly he or she is required to respond to Colorado courts have ruled that it is against public policy for an the call.If the employee can come and go freely while on call,then that employer to fire a worker for exercising his or her legal rights to job- time is not compensable. However,if the employee must remain on or related benefits such as workers'compensation or unemployment close to the employer's premises and cannot use the time freely,then benefits. Consult with private legal counsel for information.Lathrop v. that time is considered working time and could be compensable. An Entenmann's Inc.,770 P.2d 1367(Colo.App. 1989). employee who is required to leave a telephone number where he or she may be reached would not be compensated for that on-call time,unless a very short response time,e.g.,within a few minutes,is required. What if I cannot perform my job duties when I go back to work Providing"beepers"to employees can alleviate many on-call time alter an injury suffered on the job? problems. The Americans with Disabilities Act(ADA)and Colorado's civil rights laws offer certain protections for disabled workers. Whether and how When is sleeping considered work time? these laws will affect you depends on your individual circumstances and the essential functions of the job.Contact the Colorado Division of There are three rules regarding sleeping time. For shifts of less than 24 Civil Rights or the Federal Equal Employment Opportunity hours,sleeping time is payable as long as the employee is on duty Commission for information. during that period and must work when required. For employees who work 24 hours or more,up to eight hours of sleeping time can be excluded from compensable working time if: If called for jury duty,does an employee continue to receive wages *an agreement excluding sleeping time exists; or salary? *sleeping facilities are provided; *at least five hours of sleep is possible,and; The employer is responsible for wages up to 550 per day for the first "any interruption to that period will he considered working time three days of jury service. The employer cannot deny employment, Contact the U.S.Wage&Hour office for specific information. threaten or coerce an employee with respect to a jury summons, attending court for prospective jury service or serving as a juror(C.R.S. 13-71-126). If my employer accepts my resignation but does not allow me to work out my notice period what is my status? You are considered terminated and the final pay is due immediately. Labor Stfandards':Office 25 e arhn nh!fLaiorund'Em, rlrrns + Cobra oLa v; aw Can I have access to my personnel records? There may be discrimination taking place where I work,what can I do about it? Access to or copies of personnel files in the private sector are not required by any existing law. Contact the Colorado Division of Civil Rights or the Federal Equal Employment Opportunity Commission. My employer will not release my check unless I sign for it. Can an employer postpone regularly scheduled raises? There is no requirement under Colorado law for such signature. There are time limits in the Wage Law for prompt payment of wages and Yes,such matters are entirely at the employers discretion. subjects employers to penalties for late payment. What is Companionship Service? Are the files in the Labor Standard Office"Open Records"for the general public? Individuals who provide companionship services for the aged or infirmed are exempt from minimum wage and overtime. The term No. Information concerning Labor Laws in Articles 1 thru 13 of Title 8 "companionship services"means those services which provide may be released if there exists an overriding need for access in fellowship,care and protection for a person,who due to advanced age connection with: or physical or mental conditions cannot care for his or her own needs. (a)a dispute resolution,a mediation,or ajudicial proceeding; Such service may include meal preparation,bed changing,washing of OR clothes,and other similar services. The companion must perform the (b)a cooperative effort with another subdivision of government. service for the aged or infirm person and not generally to other persons. Persons providing care and protection for babies and young children who are not physically or mentally infirm,are considered babysitters, What constitutes quitting a job? not companions. Contact the U.S.Wage and Hour office for specific information. Ceasing to perform your assigned duties either by your action or failure to appear as scheduled for any reason may be considered a self- termination. Even if you show up later than scheduled the final pay is What is casual babysitting? not due until the next regular payday. Babysitting on a casual basis is defined as work performed on an irregular or intermittent basis(usually for not more than 20 hours per What happens if an employer files bankruptcy? week)and not performed by an individual whose full time work is babysitting. Babysitting on a"casual basis"is excluded from minimum Contact the U.S.Bankruptcy Court within 90 days and/or the trustee for wage and overtime,because such persons do not depend upon the the employer's assets to file a claim. When an employer files for income for a living. Individuals who engage in babysitting as a full bankruptcy,the U.S.Bankruptcy Courts assumes full jurisdiction. time occupation are not employed on a"casual basis". Such individual who does day-care on a full time basis must be paid proper minimum wages and overtime premiums. Contact the U.S.Wage and Flour office If my employer is in foreclosure,where do I stand as an employee in for specific information. getting paid? Present a NOTARIZED PREFERRED CLAIM,within 20 days of the Does the Fair Labor Standards Act apply only to private industry? seizure or foreclosure of the employer's assets with the foreclosing agency,or assigned trustee. Contact the Labor Standards Office. No. All public agencies including state and local governments are also covered by the federal law. Can my employer make deductions from my wages other than for legal deductions such as taxes or FICA? What distinguishes a volunteer from an employee? A)Yes.You may give written authorization for deductions for An individual in the private sector may donate hours of service for insurance,savings,etc.,if such authorization is revocable by you in civic,charitable,or humanitarian reasons,provided that such services writing. are not the same type of service performed for pay for the receiving B)Your employer has a right to deduct money from your check/wages entity. A volunteer performs these services without promise, to repay loans or advances you may owe, (C.R.S.8-4-104(2)). expectation or receipt of compensation for services rendered. If these C)Your employer does not have the right to charge you for cash or conditions are met,an individual will not be entitled to any legal wage inventory shortages,except for shortages caused by theft when charges requirements. have been filed with the proper authorities,(C.R.S.8-4-101(7.5)(c)). Can an employer assign duties such as cleaning or snow removal at Can my employer keep my tips? will? See C.R.S.8-4-115 on page 7. An employer is not prohibited from making duty changes as required by I am working in unsafe conditions,what can I do about it? business necessity which includes assigning an employee's duties to another employee. That option falls under"other duties as assigned". Contact the Federal Occupational Health and Safety office(303)391- 5858. ,Labor Standards llffee 26 iDepapt ngoit o f?.m or an m�X+ met Ga�frra .ar ar Can an employer terminate me for marrying a co-worker? How about dress codes for different hair styles,beards,earrings,or tattoos? An employer's refusal to hire or discharge of a person solely because one is married or plans to many another employee of the same Contact the Equal Employment Opportunity Commission for specific employer is considered a discriminatory or unfair employment practice. information if these issues are employment related. There are three exceptions:if one spouse has a supervisory role overt the other;if one spouse is entrusted with moneys received or handled by the other spouse;or if one spouse has access to the employer's what are the rules for reporting tips to the IRS? confidential information,including payroll and personnel records. C.R.S.§24-34-402(h)( . There are generally three rules for tip reporting responsibilities: a. Keep daily logs of tips received in cash or credit card tips and tips received from tip pools; Can an employer legally fire me for off duty activities? b.Provide written report of tips received to employer at a minimum on a monthly basis; C.R.S.§24-34-402.5 popularly referred to as the"Smokers Rights" c. Report 100%of tips received to avoid a tax audit and back statute,makes it a discriminatory practice for employers to terminate an taxes since IRS can estimate percentage of tips to correct obvious employee due to that employee's involvement in any off-duty,off- under reporting. premises lawful activity,unless the restriction relates to a bona fide occupational requirement or is reasonably and rationally related to job performance. Is it a good idea to have an employee handbook to explain expectations in writing? Can an employer impose a dress code? It is wise to publicize policies,benefits,and standards on hiring,firing, corrective actions,overtime,vacations,etc... However,it should be Yes,provided they are applied equally and consistent with the image reviewer by a consultant or attorney to ensure that the handbook the employer wants the public to see. These codes may not be contains current laws or regulation language. Poorly worded policies or discriminatory regarding gender,race,religion or other protected terminology may turn out more expensive to defend than not having a E.E.O.C.or Civil Rights anti-discrimination law. handbook in the first place. GLOSSARY OF COMMONLY USED TERMS ADJUSTED WORK SCHEDULE- AGE DISCRIMINATION ACT- An adjusted work schedule differs from a"Comp Time"situation in Both state and federal civil rights laws prohibit discrimination against that the work schedule may be adjusted to keep the total hours worked persons age 40 or older. Contact the Colorado Division of Civil Rights within a 40 hour week limitation. For example,if an employee is and/or Equal Employment Opportunity Commission for specific required to work 10 hours on a scheduled 8 hour work day,the information. employer may legally shorten the employee's work schedule for any remaining workday within the workweek to avoid paying overtime. It must be stressed that the time adjustment must take place within the BANKRUPTCY PETITIONS- same workweek the extra hours were performed and adjusted on an hour per hour basis. Chapter 7 of the Bankruptcy Code:For people with few or no assets. Chapter 7 cancels most debts except those that cannot be discharged in bankruptcy(i.e.most taxes due within the past three years,alimony, AFFIRMATIVE ACTION - child support and most student loans). One may keep basic assets,like A term used to describe efforts to mandate fair treatment of a targeted household goods,a certain amount of equity in a home or car,and most population in the workplace,especially those who have a history of pension savings. being victims of discrimination or blocked from equal employment opportunities.Targeted populations may include: ethnic minorities, women,and physically disabled individuals. Labor Standard Of ice ; 27 3e, ,rtmentof'Laborrn� smple1nren Cokru l a rer aw om Chapter 11 of the Bankruptcy Code: For people with too many assets to COLLECTIVE BARGAINING - qualify for Chapter 13 Formerly,some states let only businesses file Colorado law protects an employee's right to organize,join and assist under Chapter I1. But the Supreme Court rules that individuals may labor unions,bargain collectively,and engage in lawful strikes or other file under this chapter as well. The only people still blocked by law actions against employers. Most enforcement activity relating to union from Chapter 1 I are stock and commodities brokers. Under Chapter II formation and collective bargaining is also governed by and usually one can negotiate settlements with creditors to take less. Once the plan preempted by federal law. Contact the National Labor Relations Board is approved,all payments may be handled independently,subject to and the Labor Standards Unit for more information. oversight by the court. Chapter 13 of The Bankruptcy Code:For people with steady incomes, COLORADO LABOR PREFERENCE - and with assets(like a house)that they don't want to lose. You can Contracts for public works financed by the state,school districts, negotiate with creditors to bring debts into line with your income. counties and municipalities must contain contract provisions giving Some debtors have to repay only five to 200 on the dollar,over three to preference in hiring to local workers in all job classifications(skilled five years. A trustee is appointed to receive the money from you every and unskilled). A certain percentage of all employees hired must be month and disburse it to your creditors. Colorado workers. Contact the funding or contracting agency for more information. (C.R.S.8-17-101). BONUSES - A Production Bonus is generally determined and given as a result of individual effort. It is definitive as to the requirements COLORADO WORKS PROGRAM ACT(CWPA) needed to be met to be eligible,qualify,participate,or receive any such bonus,and has predetermined terms and conditions understood and The Colorado Works Program Act CWPA agreed to by both the employer and employee throw h apre-hireindividuals (CWPA)provides t work incentives Aiiv to to g Needy Families as who hire in welfare participating ro . in the Temporary Aid to agreement,and may be expected to be paid the same as wages when in Needy (TANF)welfare program. The CWPA,which is accordance with such terms and conditions.This type of bonus may mandated by federal law,provides regular employees with protection provide a legal right to payment,and must be included in the"regular from displacement. Displacement of a regular employee includes any rate"when the employee is entitled to overtime.(See-Rohr v.Ted of the following actions,when accomplished for the purpose of hiring a Neiters Motor Co.,758 P.2d 186(Colo 1988)). TANF participant:(1)a reduction of regular or overtime hours,wages, or fringe benefits;(2)termination,suspension,or lay-off;(3)failure to A Discretionary Bonus is given solely at the discretion of the restore a regular employee to the same or equivalent position at the employer. It is not expected and is not regarded as part of a payment conclusion of an approved leave of absence;and(4) replacement while agreement. on a layoff,strike,lockout,or other organized labor dispute. For information on Displacement provisions of the CWPA,or to file a CHILD LABOR - complaint contact the Labor Standards Unit of the Colorado See Pages 14 Ouu 19 Department of Labor and Employment. CIVIL RIGHTS - COMMISSION'S BASED EMPLOYMENT - State and federal laws prohibit discrimination on the basis of age, Commissions are considered wages under Colorado's wage color,disabilities,handicap(including certain medical conditions), g 6 payment ) law. How or when a commission is earned is governed by the national origin,race,religion or gender. Colorado law also prohibits employment contract or agreement.Normally commissions are paid discrimination on the basis of marital status,marriage to co-workers or when they are fully earned;usually when the customer pays for the pregnancy Employers need to be aware of company policies which product or service. Under most circumstances employees are entitled to may create disparate treatment or results for certain classes of future payments as the commissions are earned in accordance with employees(e.g.,a test of physical strength that results in discrimination existing contract or agreement even after separation. against women for consideration for certain jobs). Contact the Colorado Division of Civil Rights or the Equal Employment COMPENSATORY TIME- Opportunity Commission for further information. "Comp Time"is authorized under the Federal Fair Labor Standards Act,specifically for State and Local nonexempt governmental employees. Such government employees may receive"comp time" CLOSED SHOPS/ALL UNION AGREEMENTS - rather than overtime pay for any extra hours worked in a regular 40 An agreement between an employer and a labor organization which hour workweek.The compensatory time off must be given at one and requires union membership before employment. Colorado's Labor one-half hour for every extra hour worked in a given workweek and Peace Act enables employers,employees and their collective bargaining used as time off in lieu of overtime pay at a future date negotiated with representatives to establish ALL UNION AGREEMENTS for a work the employer. Such employees ma place. This means current and/or prospective employee ma'be may accrue the maxi maximum of 240 hours of P P ) comp time. Any overtime hours m exceeding maximum hours compelled r to join the union to work at that location. Contact the Labor allowed must be paid as overtime wages. Standards Office for specific information. DAVIS BACON AND RELATED,ACTS - COBRA - The Davis-Bacon and related Acts require payment of prevailing wage The Budget Reconciliation Act of 1985 is a federal law requiring rates and fringe benefits on federally-financed or assisted construction. employers to allow employees to extend their medical insurance Contact the U.S.Wage&Hour office for specific information. coverage at their own expense,after separation from a job. Insurance companies can provide details on the requirements for employers. Employees may obtain information from the employer,plan administrator or by contacting the U.S-Department of Labor. Labor:Standards Office 28 1 SgMg ,�+urtr�emt ,�'Luhar arx��;,�m�oymext <G'alrr�rad �ar�,vr:Gaw DISABLED WORKERS - and federal,state and local government agencies are covered. Contact The American Disability Act(ADA)prohibits discrimination against the U.S.Department of Labor-Wage&Hour Division for more persons with physical disabilities.This includes employment tests, information. medical exams or other criteria which may screen out disabled persons. Employers are required to make reasonable accommodations to benefit otherwise qualified disabled job applicants serking employment. FAMILYAA'D MEDICAL LEAVE ACT(FMLA) - Disabled employees may be paid a subminimum wage if the employer The federal law establishing standards for required unpaid, • obtains certification from the U.S.Department of Labor. Contact the job-protected leave for eligible employees for certain family and U.S.Wage and Hour Office. medical reasons.It provides unpaid leave to care for the employee's child,or placement for adoption or foster care;to care for the employee's spouse,son or daughter,or parent,who has a serious health DRAWS OR ADVANCES ON COMMISSIONS - condition;or for a serious health condition that makes the employee A compensation agreement that pays a set amount of earnings on a unable to perform the employee's job. Contact the U.S.Wage&Hour regular scheduled basis to a commissioned employee that is applied Office for specific information. against future earnings. FRINGE BENEFITS - DRUG OR ALCOHOL TESTING - Fringe benefits such as holidays,sick leave,severance pay, vacations, Drug or alcohol testing in the private sector is not prohibited by and insurance are NOT required by state or federal law for private Colorado law. Public sector employees,transportation workers and employers. SEE ALSO-VACATION PAY,Page 33. workers on government contracts are increasingly affected by changing federal laws and regulations.Court rulings are still defining the limits of the employer's right to test employees versus the employee's right to GARNISHMENTS - privacy. Contact the EEOC or Civil Rights office regarding this Court judgments may compel an employer to withhold a specific subject for specific information. amount of money from an employee's pay.Generally the order will limit the amount to 25%of the employee's disposable(after tax) eamings.That limit is higher for child support.A garnishment for child EOUAL PAY ACT - support has priority over other types of garnishments.The Federal The federal Equal Pay Act prohibits wage differentials based on sex, Consumer Credit Protection Act provides guidelines on garnishments in between workers employed in the same establishment,on jobs that most cases.Employers are prohibited from discharging an employee require equal skill,effort,and responsibility and which are performed because of a garnishment,(See C.R.S.5-5-106). Contact the Clerk of under similar working conditions. Contact the EEOC or Civil Rights the Court issuing the garnishment for specific requirements. Office. HARASSMENT - EMPLOYEE- Harassment or discrimination in the workplace is protected under Civil The Colorado Wage Act(C.R.S. 8-4-101(5))defines an employee as Rights statutes. Contact the Colorado Division of Civil Rights or the any person performing labor or services for the benefit of the employer Equal Employment Opportunity Commission for complete information. where the employer may control when,where,and how much labor or service shall he performed. HAZARDOUS OCCUPATIONS FOR YOUTHS- SEE C.R.S. 8-12-103(5). Pages 15 and 19. EMPLOYER - The Colorado Wage Act (C.R.S. 8-4-101(6))defines an employer as every person,firm,partnership,association,corporation,receiver or other officer of court in Colorado and any agent or officer thereof, HOURS OF WORK - employing any person in Colorado. Counties,cities and counties, Covered employees must be paid for all hours worked in a workweek. school districts and certain other governmental entities are exempt from In general"hours worked"includes all time an employee must be on this particular state law. duty,or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is suffered or permitted to work. EMPLOYMENT RETIREMENT INCOME SECURITY ACT- ERISA The Employee Retirement Income Security Act of 1974(ERISA)is the HOUSING - federal law goveming administration of employee pensions,401 K's When an employee accepts housing as part of a wage package,such and profit sharing plans. This federal program is administered out of employee may be evicted when the employment ends.C.R.S. 13-40-et. Kansas City,MO,at(816)426-5131. seq. EXEMPT EMPLOYEES- IMMIGRATION - See Page 20 and 21 Federal law regulates the admission of foreign citizens into this country for employment purposes. The Immigration and Naturalization Act requires all employees to provide evidence of eligibility to work in this FAIR LABOR STANDARDS ACT(FLSA) - country at the time of hire. Contact the U.S.Department of This federal law establishes minimum wage,overtime and child labor Immigration and Naturalization Service for information. The U.S. standards for most businesses. All businesses engaged in interstate Wage&Hour office can provide information and technical assistance commerce,and enterprises which gross in excess of$500,000 per year on the 1-9 form. State law also affects hiring of aliens for specific pubs Labor Standards Office 29 �7rtrnns�/" abaradEr {rf � vaerLttzv in this state. The Colorado Department of Labor&Employment- MILITARY AFFAIRS - Clearance and immigration office certifies foreign citizens authorized to Employees who are members of the armed forces reserves or the legally work in the United States. National Guard are protected under Federal law. Contact the Veterans Employment and Training office at(303)620-4247 for specific information. INDEPENDENT CONTRACTORS v.EMPLOYEE- Generally determinations are made by utilizing economic factors regarding: NATIONAL LABOR RELATIONS ACT -(NLRA) 1)the degree of control exerted over the worker; Federal law regulating union activities and fair labor practices. Most 2)the worker's financial opportunity; union elections,collective bargaining and other union activities are 3)the worker's investment in the business; governed by this law. Contact the National Labor Relations Board for 4)the length of the working relationship; specific information. 5)the skill required. Contact the respective office regarding questions on Unemployment Insurance Tax,Internal Revenue Service,Worker's Compensation,U. NON-COMPETE AGREEMENTS - S.Wage and Hour or Labor Standards. Employers may legally require CERTAIN EMPLOYEES to sign non- compete agreements at the time of hire provided that specific requirements are met. Trade secrets or other information of value ITEMIZED EARNINGS STATEMENT/PAY STUBS - and/or related to the business may be protected by such an agreement. Colorado's wage law requires that at least once a month or at the time of Non-Compete agreements should be reviewed by competent legal each payment employees he given a written payroll statement showing counsel to avoid costly disputes. See C.R.S.8-2-113. gross wages earned,all withholdings and deductions,the net paid,the inclusive dates of the pay period,the employee's name or Social Security Number,and the name and address of the employer. PAY REDUCTION - Colorado's Minimum Wage Order#21 requires that covered employers give the employees and the Division of Labor thirty(30)days written LABOR PEACE ACT - notice before lowering the rate of compensation for a majority number The Labor Peace Act is the state law which regulates of employee's. This notice is not required if the reduction is made in employer/employee relationships regarding fair labor practices and conjunction with a demotion and/or reassignment of duties.Contact the union activities(see Collective Bargaining). The Act applies to private Colorado Division of Labor,Labor Standards Unit. sector employment and mass transportation agencies in the public sector. The law allows employers and employees to form all-union shops which may compel membership and financial support of the PAY PERIODS - union by all employees. Contact the Labor Standards Unit for more SEE COLORADO WAGE PAYMENT ACT.C.R.S. 8-4-101 Et.Seq. information. PAYMENT OF WAGES ON SEPARATION - LAYOFF/PLANT CLOSING- Colorado's wage law requires that an employee must he paid The Federal Worker Adjustment and Retraining Notification Act immediately any time they are fired,terminated or laid-off by the (WARN)requires 60 days notice of plant closing or mass layoffs under employer. When the employee quits,the wages are not due until the many circumstances. Contact the Colorado Department of Labor& next regular pay day. See C.R.S.8-4-104. Employment-Dislocated Workers Unit(303-620-4615)for information on plant closing requirements. PERFORMANCE REVIEWS - There are no laws requiting or affecting an employer's right or option to give performance reviews or evaluations. MATERNITY LEAVE - Maternity leave benefit in the private sectors are not regulated by Colorado law. In the event the employer has a disability leave policy, PERSONNEL RECORDS - they cannot discriminate against pregnant women. Contact the U.S. Employers are required to keep all records on employees including all Wage and Hour office for possible protection under the Federal Family time records,payroll records,applications and 1-9 forms for two years Medical Leave Act. from date of entry pursuant to state and Federal labor laws. Government agencies,including the Division of Labor,have the statutory right to inspect such records. MEAL&REST PERIODS - SEE MINIMUM WAGE ORDER#21 on page 9. POLYGRAPH PROTECTION ACT - The Federal Employee Polygraph Protection Act prohibits most private MECHANIC'S LIEN - employers from using any type of lie detector test either for pre- Workers in construction not properly compensated may file a employment screening of job applicants or for testing current mechanic's lien against the property where the labor was performed. employees during the course of employment. Some exceptions to the Contact the Labor Standards office for information. law exist covering security industries. Employers who violate the law or punish employees for failure to submit to a test can face civil suits MEDICAL EXAMINATIONS - and government imposed penalties. Contact the U.S. Department of When an employer requires a pre-employment physical or medical Labor for more information. examination as a condition of employment,the employer must pay for the cost of the examinations. Contact the Labor Standards office. Labor Standards Office 30 }7apart rrl of u6ror arrtdE�yMin " iwtora : PREGNANCY LEAVE - UNEMPLOYMENT INSURANCE TAX - In addition to general civil rights considerations,the Federal Pregnancy State law provides unemployment insurance for workers who lose Discrimination Act of 1978(Title VII)specifically protects women their jobs through no fault of their own. Most businesses are subject to from discrimination based on pregnancy.Contact the Equal Unemployment Insurance tax payments with some exceptions For Employment Opportunity Commission or Colorado Division of Civil information on tax liability or payment contact the Colorado Rights for more information. Department of Labor&Employment,Unemployment Insurance Section. REFERENCES - The employer has a right of qualified privilege to provide a fair and UNFAIR LABOR PRACTICES - unbiased opinion of a former or current employees'qualifications when Most unfair labor practices defined by law revolve around union solicited to do so by a later or prospective employer. If the information activities(i.e.,interfering with union organization or membership). The is furnished in good faith and not in an effort to prevent such employee Division of Labor has the authority to investigate complaints and from receiving employment,the former employer shall be immune from mediate disputes between employers and employees with union civil liability for such disclosure. See C.R.S.2-2-111.5 bargaining agreements. Contact the Labor Standards office or the National Labor Relations Board for information. REGULAR RATE OF PAY-See Page 21 VACATION PAY - Employers in the private sector are not required to offer vacation SAFETY - benefits.They may dictate terms for offering the benefit or allowing Federal law gives employees the right to a safe work environment.The time off. The Colorado Supreme Court has ruled that a vacation earned Occupational Safety and Health Act(OSHA)of 1970 imposes safety in accordance with an employer's policy is considered wages and must and disclosure standards on employers and prohibits employers from be paid on separation from employment[Hartman v Freedman, 197 firing or retaliating against workers who file complaints. Contact the Colo.275,591 P.2d 1318(1979)]. Contact the,Labor Standards Federal OSHA office for more information. Office. SENIORITY- VOTING TIME OFF- Employers in the private sector do not have to recognize seniority by lithe work schedule prevents an employee from having three hours off state law. An employer may lay-off or rehire workers without respect during polling hours,the employer must give the employee two paid to seniority or past service unless there is a specific contract stating hours off to vote in any general or municipal election.The employee otherwise(e.g.,a union contract or written company policy). Contact must make application for paid time off the day before the election in the Equal Employment Opportunity Commission or the Colorado order to be eligible.C.R.S. 1-7-102. It is unlawful to discharge an Division of Civil Rights for more information. employee for exercising the right to vote. SEVERANCE PAY - WAGES - Severance pay or pay in lieu of notice is not required by State law. The Colorado Revised Statutes -C.R.S.8-4-101(9)defines wages as all Severance pay is a benefit offered by employers at their discretion amounts for labor or services performed whether the amount is fixed or absent any prior contractual agreement. ascertained by standard of time,task,piece,commission basis or other basis. SHOW UP OR REPORTING PAY- Show up or reporting pay is not required by law but may be offered by NALSH-HEALYACT - employers who need employees at infrequent and sporadic occasions. The Walsh-Healy Public Contracts Act requires payment of minimum wage rates and overtime pay on contracts to provide goods to the Federal government. Contact the U.S.Wage&Hour office. SICK LEAVE - Benefits such as paid sick leave are not required or regulated by law in the private sector. Employers are not required to provide time off due WHISTLE BLOWERSACT- to illness or injury with or without a doctor's excuse. Employers may The Whistleblowers Act,C.R.S.§24-50.5-103,prohibits retaliation dictate the terms for payment of sick leave benefits if offered as an against a state employee for reporting a state employer's conduct. employment separation agreement. Colorado has extended the same protection to employees of private employers under contract with the state,C.R.S.§24-114-102. SMOKING - Generally,smoking is prohibited in public places such as government WORKERS'COMPENSATION INSURANCE - buildings,elevators,school and hospitals. Local governments may Workers Compensation insurance provides income benefits and adopt ordinances to further restrict smoking. Employers may give payment of medical costs for work related injury or illness. With very preference to non-smokers in hiring,prohibit smoking at the work site limited exceptions,all employers are required to carry this insurance. or designate non-smoking areas for employees at their discretion. The employer must pay the insurance cost and cannot withhold C.R.S.25-14 et.seq. premiums from an employee's pay. Employers may be insured with the Colorado Compensation Insurance Authority,a private carrier or be self insured. The amount of TIPS - benefits is based on the time lost. SEE COLORADO WAGE PAYMENT ACT C_R.S.8-4-115. Lnbor Standat* Office 37 �3n�rartrnant�rfl�lborar�r�.�r�,{rta, xren� �'v�'v >�vLarLaNr WRONGFUL TERMINATION - WORKWEEK- see Employment at Will and Discrimination. A workweek is a period of 168 hours during 7 consecutive 24 hour periods. It may begin on any day of the week and any hour of the day established by the employer. Generally,for purposes of minimum WORKDAY - wage and overtime payment each workweek stands alone;there can he Means one of seven(7)consecutive twenty-four(24)hour periods no averaging of 2 or more workweeks. Employee coverage, making up a workweek. compliance with wage payment requirements,and the application of most exemptions are determined on a workweek basis. Once a workweek is established,it shall remain fixed regardless of hours worked. Workweeks may be changed provided the change is intended to be permanent and is not designed to evade overtime requirements. WORK PLACE VIOLENCE- Is defined as any act or threat of physical,verbal or psychological aggression or the destruction or abuse of property by any individual. Threats may include veiled, conditional or direct threats in verbal or written form,resulting in intimidation,harassment,harm or endangerment to the safety of another person or property. DIRECTORY OF GOVERNMENTAL DEPARTMENTS FEDERAL LABOR LAWS: FEDERAL EMPLOYMENT IMMIGRATION LAWS 1-9 FORMS U.S. Department of Labor DISCRIMINATION LAWS: U.S. Department of Justice Wage&Hour-Most of Colorado Equal Employment Opportunity Immigration and Naturalization Service 1801 California Street- Room 935 Commission 4730 Paris Street Denver,Colorado 80202-26614 303 E. 17th Ave. -Suite 510 Denver,Colorado 80239 (303)844-4405 Denver,Colorado 80202 (303)371-3041 (303)866-1300 U.S.Department of Labor Wage&Hour-Northwestern Colorado 10 West Broadway,Suite 307 Salt Lake City,Utah 84101 COLORADO EMPLOYMENT (801)524-5706 DISCRIMINATION LAWS: NEW BUSINESS START UP Colorado Division of Civil Rights Office of Economic Development 1560 Broadway,Room 1050 1625 Broadway,Suite 1710 COLORADO LABOR LAWS: Denver,Colorado 80202 Denver,Colorado 80202 Wage Claims,Minimum Wage,Child (303)894-2997 (303)592-5920 (Denver Metro) Labor 1-800-333-7798 (Outside Denver Division of Labor-Labor Standards Unit Metro) 1515 Arapahoe St.Tower 2, Ste 375 Denver,CO 80202-2117 (303)572-2241 COLORADO BEVERAGE SERVING SMALL BUSINESS ASSISTANCE FAX(303)620-4599 LAWS: CENTER OFFICE OF Colorado Department of Revenue REGULATORY REFORM Division of Labor Liquor Enforcement Division COLORADO DEPARTMENT OF Labor Standards Unit 1881 Pierce St. REGULATORY AGENCIES 2555 Airport Road Lakewood,Colorado 80214 (licenses,tax ID, loans/grants,health Colo. Spgs.,CO 80910-3119 (303)205-2300 insurance,business start up,etc...) (719)636-1110 1460 Broadway Suite, 1530 FAX(719)633-4227 Denver,CO 80202 (303)592-5920 (800)333-7798 Labor tandards Qf e 3� Drparlinenl of Labor am EmPtuyment Colorado labor law AGENCY REFERRAL LISTINGS AGENCY DESCRIPTION PHONE Colorado Attorney General Workers'Comp.Fraud(also IRS&UI Audit) 866-4500 U.S.Bankruptcy Court Employers in bankruptcy 844-4045 Automated Scheduling 844-0267 Colorado Civil Rights Division State Civil Rights(also EEOC 894-2997 or Denver 800-262-4845 Colorado Springs 719-576-6386 Grand Junction Pueblo 970-248-7329 719-545-3520 COBRA (Consolidated Omnibus Budget Reconciliation Continuing insurance coverage (202)219-8776 Act) Colorado State Government Directory Assistance General Government number for Colorado 866-5000 Consumer Health Protection Smoking guideline-Wm Norris 692-2000 Denver District Attorney Consumer Protection Unit Consumer Fraud/Employment Agency's oversight 640-3555 Denver City Government Assistance General Denver City Government Numbers 640-5555 Federal Davis Bacon Wages Federal(construction)Prevailing Wage 844-4405 U.S.Department of Labor Office of Federal Contract Compliance 844-4481 Denver City Auditor Denver(construction)Prevailing Wage 342-2700 Denver Specialized Service Elderly and Disabled Programs 640-2339/3132 Colorado Department of Labor&Employment Executive Offices 620-4718 Colorado Division of Labor-Labor Standards Wage&Hour,Youth Employment.Labor Relations Denver 572-2241 Colorado Springs 719-636-1110 Equal Employment Opportunity Commission(EEOC) Federal Civil Rights/Maternity/Americans with 866-1300 Disabilities Act Employees Retirement Insurance Security Act(ERISA) Pension/Profit Sharing Plans (202)219-8776 Federal Government Information Directory Assistance 800-688-9889 Department of Public Health and Environment(formerly) Restaurant Inspection 692-3620 Colorado Health Department Main Switchboard 692-2000 U.S.Immigration and Naturalization Immigration 371-0728 Colorado Division of Employment and Training Clearance&Alien Labor Certification 620-4202/42033 Justice Information Center Bilingual Assistance/Translations 832-1220 Labor Market Information Employment Statistics-Wage data-Slate Prevailing Wage 620-4856 Colorado Division of Employment&Training(WARN Act) Layoffs-due to Imports&Exports/Plant Closures 620-4212 Legal Aid Services 837-1313 Labor Standards O.1ue 33 REFERRAL AGENCIES-CONTINUED AGENCY DESCRIPTION PHONE Colorado Monitor Advocate Migrant&Seasonal Farm Worker Programs 620-4711 National Labor Relations(NLRB) Union Activities(non-RTD)/Unfair Labor Practices 844-3551 Nine to Five Job Survival Hotline Working Women-Problems on the Job 866-0925 or 800-522-0925 Occupational Safety&Health Administration(OSHA) Safety&Health on the Job 391-5858 or 800-755-7090 Department of Regulatory Agencies Licensing Boards 894-7855 Small Business Hotline New Employer Packet Info 800-333-7798 or 592-5920 Colorado Department of Revenue Tax Audit&Compliance 866-3711 Liquor Enforcement 205-2300 Criminal Tax Investigation 866-5631 Criminal Enforcement/Fair Share 866-5535 Secretary of State Corporation filings&Reports 894-2251 Social Security Information 800-772-1213 Department of Human Services(formerly)Social Services Main Information Line 866-5700 Colorado State Patrol Main Information Line 239-4500 Colorado Compensation Insurance Authority(CCIA) Workers Compensation Insurance Policies 782-4000 Unemployment Insurance Benefits Claimant Filing&Information 861-5515 Outside Metro Area 800-388-5515 Employer Inquires Only 866-6357 Unemployment Insurance Claims&Payment Inquiries-Metro-Customer Services 837-9933 Outside Metro Area 800-999-9933 Unemployment Insurance Tax Fraud/Liability 620-4785 Unemployment Insurance Tax Audit Independent Contractors Determinations 620-4791 U.S.Department of Labor Federal Wage&Hour,Overtime,1-9,Family 844-4405 Denver &Medical Leave,Posters&Polygraph 719-475-1202 Colorado Springs 970-482-6915 Ft.Collins (801)524-5706 Western Colorado Workers Compensation Records Management&Information 575-8854 Workers Compensation Customer Service 575-8700 Workers Compensation Election to Reject Coverage Corporate Officers 575-8744 Farm and Non-Farm 575-8744 ;Labor Stan rds Office 34 be amo,fL4 a gitiO O # y x L < ! 2 b x 6 n> <> >e >'r £.<V 3 R < ..S /Lr iff MEM <,:...., a a,: ...<.x �� <:tl:m.,,.eHs,R+:.�.�a<s'vs rx3<,..,.�l.:.: s et, .,.<..<,..° ,x,. �`.:.°..x'. e.,,,....,<:.. :....,<. .:> .. ..<.�.: < > „I STATE LAWS AFFECTING EMPLOYMENT AND POSTING REQUIREMENTS SUBJECT STATUTE POSTER ORDER FROM Minimum Wage Law CRS 8-6-101 et.seq., Minimum Wage Poster Division of Labor CO Minimum Wage Labor Standards Order#21-regulates retail 1515 Arapahoe St., trade,food&beverage, Tower 2, Ste 375 health and medical, service Denver, CO 80202-2117 construction industries. (303) 572-2241 Civil Rights Law CRS 24-34-101 et.seq., "This establishment CO Division of Civil complies ... CO Rights, 1560 Broadway, anti-discrimination Rm 1050 laws." Denver, CO 80202 (employment,housing, (303) 894-2997 accommodations). Unemployment Insurance Tax CRS 8-70-101 et. seq., "Notice to Employees . . CO Division of Employment Liability Section Colorado Employment 1515 Arapahoe Street Security Act. Tower 3, Suite 200 Denver, CO 80202-2117 (303) 603-8231 Workers'Compensation CRS 8-40-101 et. seq., "Notice to Employees . . . Obtain from Colorado Workers'Compensation Comp. Ins.Authority Act 720 S. Colorado Blvd. Suite 100,North Tower Denver, CO 80222 (303)837-4000, or private insurance carrier THIS MAY NOT BE A COMPLETE LIST:ONLY LAWS OF GENERAL APPLICABILITY ARE LISTED tuber Standards Office 35 s:.e. FEDERAL LAWS AFFECTING EMPLOYMENT AND POSTING REQUIREMENTS SUBJECT STATUTE POSTER ORDER FROM Minimum Wage Fair Labor Standards Act Minimum Wage U.S. Dept of Labor Wage&Hour Div. (FLSA) (WH-1088) 180] California St.,Suite 935 Denver,CO 80202-26614 (303)844-4405 Public Contracts Walsh-Healy Act Notice To Employees Working on Government Contracts (WH- 1313) Public Construction Davis- Bacon Act Notice to Employees Working on Federally Financed Construction Projects (WH- 1321) Polygraph Tests Prohibited Employee Notice-Employee Polygraph Act Polygraph Protection Act(WH- 1462) Family and Medical Leave Family and Medical Leave Your Rights Under the Family Act of 1993 and Medical Leave Act of 1993(WH-1420) Equal Employment Civil Rights Act Equal Employment EEOC Of 1964 Is The Law 303 E. 17th Ave. -Ste 510 Denver,CO 80203 (303)866-1300 Age Discrimination Age Discrimination Act of 1967 Americans With Disabilities Other Civil Rights Titles Non-Discrimination Rehabilitation Act Handicapped Workers of 1973 Veterans Vietnam Era Veterans Readjustment Act of 1974 Safety Occupational Safety "Job Safety&Health OSHA Administration And Health Act(OSHA) (OSHA- 2203) 1961 Stout St. Room 1576 Log of Occupational Denver,CO 80204 Illness/Injury (303)844-3061 (FORM- 200) or 843-4500 LabarStandaMs Off 3d 0 H in N g m Y ellO N U as Pt .-,1' a .5 � N V] O O 0 W 7 Wo b �oN � CA VI � V cli CZ F > c 1 m in eu o N Ap- . cam Attachment 2 1998 Allocation Workforce Regions # of Positions or Contract 1. Adams County 3 (Brighton, Broomfield, Thornton) 2. Arapahoe/Douglas Contract • (Aurora, Littleton) 3. Boulder/Longmont Contract (Boulder, Longmont) 4. El Paso/Teller 2 (Colorado Springs N & S) 5. Larimer Contract (Fort Collins, Loveland) 6. Mesa 1 (Grand Junction) 7. MOET 3 (Denver, Bear Valley) 8. Northwest Region 2 (Craig, Steamboat Springs) 9. Pueblo 2 10. Region 9 2 (Cortez, Durango) 11. Region 13 2 (Salida, Canon City) 12. Region 10 2 (Gunnison, Montrose) 13. Region 8 3 (Alamosa, MonteVista, Trinidad, Walsenburg,) 14. Region 6 2 (Lamar, Rocky Ford) 15. Regions 1 & 5 2 (Burlington, Fort Morgan, Limon, Sterling) 16. Resort Region 3 (Edwards, Frisco, Glenwood) 17. Tri-County 3 (Golden, Lakewood) 18. Weld County Contract (Greeley) • Travel costs for the mandatory Governor's Summer Job Hunt staff training will be reimbursed by Employment and Training Programs. All other travel and supplies must be absorbed by the cost centers as the budgeted and contracted amounts include overhead. Attachment 3 Temporary Summer Youth Staff Recommended Job Description Work Performed Under the direction of Job Service Directors, Service Delivery Area Directors and One-Stop Directors the staff for the Governor's Summer Job Hunt will: Interview and register youth applicants seeking work or services provided by the services provided by the service delivery point. Identify the applicant's strongest skills and/or work experiences and match them with the appropriate job orders. Advise and assist youth applicants in completing work registration applications. Utilize the personal interview process to profile career exploration goals. Match applicant with suitable job orders. Develop contacts with employers through personal visits. Receive, develop and write job orders from employers,recording job specifications and requirements on job order form. Assign job titles, DOT codes and industrial codes using the Dictionary of Occupational Titles and Industrial Classification handbooks. Check employer's job orders for compliance with local, state and federal laws and standards. Verify results of referrals through follow-up contacts. Perform various clerical duties as assigned for reports and daily activity with the youth program. Compile facts and figures for report completion of the Governor's Summer Job Hunt program. Present job-hunting skills workshops to youth in office, at schools, recreation centers, etc., as directed. Attachment 4 1998 Governor's Summer Job Hunt Goals • Each position allocation should equal 165 placements, 55 obtained employments and 55 job search workshop participants--if possible. The 1998 goals represent a modest 10% increase over last year. • Computer runs commence April 1, 1998 and conclude August 31, 1998. Hello