The Colorado minimum wage was increased on January 1, 2008. The new state minimum wage for all employees who receive the state or federal minimum wage is $7.02 per hour. For tipped employees (employees who regularly receive tips), the new minimum wage is $4.00 per hour.
Starting January 1, 2009, and in subsequent years, the minimum wage will be adjusted annually for inflation as measured by the Consumer Price Index used for Colorado. This inflation adjustment is based on the Consumer Price Index for All Urban Consumers (CPI-U), All Items, for the Denver-Boulder-Greeley combined metropolitan statistical areas, as published by the United States Bureau of Labor Statistics.
Employment Verification Requirements
On January 1, 2007, a new Colorado law concerning employment verification requirements went into effect (Colo. Rev. Stat. § 8-2-122). This law applies to all public and private employers who transact business in Colorado, and to employees hired on or after January 1, 2007. There are two main components to this law:
(1) Each employer in Colorado make an affirmation within 20 days after hiring a new employee. The employer must keep a written or electronic copy of the affirmation for the term of employment for each employee. A sample affirmation is attached to this alert. The employer must affirm that it has examined the legal work status of the employee, it has retained file copies of the employee's Form I-9 documents, it has not altered or falsified the employee's identification documents, and it has not knowingly hired an unauthorized alien. A copy of the form Affirmation is attached to this Alert.
(2) The employer must keep a written or electronic copy of the employee's identity documents presented for the federal Form I-9. The copies must be retained for the term of employment for each employee.
This law is being enforced by the Colorado Division of Labor, which is conducting random audits of employers to obtain the required documentation. An employer who (1) with reckless disregard, fails to submit the required documentation, or (2) with reckless disregard, submits false or fraudulent documentation, shall be subject to a fine of not more than $5,000 for the first offense, and not more than $25,000 for the second and any subsequent offense.
Revised Form I-9
As noted above, Colorado employers need to keep a copy of the identity documents presented for completion of the federal I-9. Pursuant to federal law, every U.S. employer must have a Form I-9 for each new employee unless the employee was hired before November 7, 1986 and has been continuously employed by the same employer. Additionally, a Form I-9 does not need to be completed for those individuals:
The U.S. Department of Homeland Security has recently released a revised Form I-9 (Rev. 6/05/07), which is attached to this Alert. The revised Form I-9 must be used for all newly hired employees. Click the previous paragraph (in blue) to view and print relevant forms.
Labor & Employment Group at Ryley Carlock & Applewhite
Employers of all kinds turn to the Ryley Carlock & Applewhite Labor & Employment group for assistance regarding proactive counseling, collective bargaining and union relations and employment litigation.
If you have any questions about these employment updates and how your business may be impacted, please contact Carolann E. Bullock at firstname.lastname@example.org, Kristy L. Peters at email@example.com or Roger Williams at firstname.lastname@example.org. If you would like to receive Ryley, Carlock & Applewhite's "Employer Alerts" electronically, please contact Paul Ward, Marketing Director, at email@example.com.
Carolann E. Bullock firstname.lastname@example.org (602) 440-4828
Charles L. Chester email@example.com (602) 440-4806
John M. Fry firstname.lastname@example.org (602) 440-4867
Andrea G. Lisenbee email@example.com (602) 440-4832
Cecil A. Lynn III firstname.lastname@example.org (602) 440-4827
Michael D. Moberly email@example.com (602) 440-4821
Nathan R. Niemuth firstname.lastname@example.org (602) 440-4810
Rodolfo Parga, Jr. email@example.com (602) 440-4848
Kristy L. Peters firstname.lastname@example.org (602) 440-4863
Ellen J. Glass email@example.com (602) 440-4887
Erin O. Sweeney firstname.lastname@example.org (602) 440-4858
Roger T. Williams email@example.com (303) 813-6710