Colorado requests comments on proposed minimum wage order

Colorado is requesting comments on proposed changes to upcoming minimum wage Minimum Wage Order No. 35. Send comments by close of business Monday, September 17th. Stakeholders will have an additional opportunity to provide written comments during the formal rulemaking process, as well as at the rulemaking public hearing on Tuesday, November 6, 2018 at 1:00 pm at 633 17th Street, Suite 600, Denver, CO 80202.

Some of the proposals include:

  • To be consistent with the FLSA regulation, the stakeholder would like the Division to amend the travel time definition to include the “travel away from the employee’s home community” exception found in 29 CFR § 785.39.
  • To be consistent with the FLSA regulation, stakeholder would like the Division to amend the Outside Salesperson definition to include a clarification of “away from employer’s place of business” from 29 CFR §541.502.

To be consistent with the FLSA regulation, the stakeholder would like the Division to revise the definition of Outside Salesperson to reflect that an outside salesperson’s “primary duty is sales activities directly related to their own outside sales,” as used in 29 CFR §541.500, replacing the current “80% of the workweek” threshold. (Colorado Department of Labor and Employment, Proposed Changes to Colorado Minimum Wage Order (MWO) 7 CCR 1103-1, August 31, 2018.)

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