Chapter 20 - CHAPTER 20 WAGE, HOUR, AND BENEFITS ISSUES

• Jurisdiction: Colorado

Chapter 20 WAGE, HOUR, AND BENEFITS ISSUES

Andrew H. Turner, Esq.
Jan A. Steinhour, Esq.

SYNOPSIS

§ 20.1 INTRODUCTION

§ 20.2 COLORADO LAW ON WAGES

§ 20.2.1—The Colorado Wage Claim Act
§ 20.2.2—The Colorado Overtime And Minimum Pay Standards Order

§ 20.3 THE FAIR LABOR STANDARDS ACT

§ 20.3.1—Employees And Employers Subject To The FLSA
§ 20.3.2—Exemptions Under The FLSA
§ 20.3.3—Employers' Obligations
§ 20.3.4—Retaliation
§ 20.3.5—Damages, Defenses, And Penalties

§ 20.4 EMPLOYEE RETIREMENT INCOME SECURITY ACT

§ 20.4.1—ERISA Coverage
§ 20.4.2—ERISA § 510 — Benefits Discrimination

§ 20.1 • INTRODUCTION

This chapter deals with the interrelationship between Colorado law and the two primary federal statutes that govern workplace wages and benefits: the Fair Labor Standards Act and the Employee Retirement Income Security Act of 1974.

Section 20.2 of this chapter contains a review of wage and hour issues applicable to employers and employees under Colorado law. The Colorado Wage Claim Act (CWCA) and the Colorado Overtime and Minimum Pay Standards Order (COMPS Order) provide the cornerstone for statutory and interpretive case law on the subject. This part provides attorneys, employees, and employers with a road map through the obligations and rights under the CWCA and the COMPS Order, as well as the potential consequences associated with withholding any compensation due the employee.

Section 20.3 of this chapter deals in a summary fashion with the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq., and the Portal-to-Portal Act, 29 U.S.C. §§ 251, et seq., which are the most comprehensive of the federal wage-hour laws. They prescribe overtime and...