Legal Alerts

Colorado and South Dakota Minimum Wage Increases Effective January 1, 2015

12.01.14

Colorado Minimum Wage

The Colorado Department of Labor and Employment, Labor Standards, adopted Colorado Minimum Wage Order No. 31 (7 CCR 1103-1) on November 10, 2014, increasing the state minimum wage from $8.00 to $8.23 per hour effective January 1, 2015. The state minimum wage for tipped employees will also increase from $4.98 to $5.21 per hour effective January 1, 2015.

In addition, recordkeeping requirements have been amended to require an employer to retain records reflecting the required information contained in the employee’s itemized earnings statement for a period of at least three years after the wages or compensation were due.

For recovery of wages, the order has been amended to provide that an employee receiving less than the minimum wage applicable to that employee would be entitled to recover in a civil action the unpaid balance of the full amount of the minimum wage, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage. Alternatively, an employee would be able to elect to pursue a minimum wage complaint through the Division’s administrative procedure.

South Dakota Minimum Wage

Voters in the November 4, 2014, general election approved Initiated Measure 18—Minimum Wage to raise the state minimum hourly wage from $7.25 per hour to $8.50 per hour on January 1, 2015, and, after that, to annually adjust the minimum wage by any increase in the cost of living. In addition, the measure increases the hourly minimum wage for tipped workers to be half the state minimum hourly wage for non-tipped workers.

The measure also provides for limited exemptions for those employed by seasonal amusement or recreational establishments, organized camps, or religious or nonprofit educational conference centers.

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LaFromboise, Antoine J.
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T 612.371.3269

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