Department of Labor and Employment Seeks Public Comment on Revising Colorado Minimum Wage Order

The Division of Labor Standards and Statistics at the Colorado Department of Labor and Employment is seeking public comment on revising portions of the Colorado Minimum Wage Order, 7 CCR 1103-1. The Division aims to begin the formal rulemaking process by November 2019, but will remain flexible as to that schedule. Before deciding upon or proposing any specific revisions, the Division has spent most of 2019 seeking public comment in two ways.

            First, as the Division publicly announced on March 6, 2019, the Division would like input on two specific topics, as well as on any other topics that anyone might suggest.

1.  Industry Coverage: The Colorado Minimum Wage Order 35 regulates only four industries: (1) Retail and Service; (2) Food and Beverage; (3) Commercial Support Service and (4) Health and Medical. Should Colorado expand the categories of covered employees in Section 1 of the Minimum Wage Order?

2.  Minimum Salary for Exempt Employees: Should Colorado implement a minimum salary required to be paid to employees covered by the exemptions in Section 5 of the Minimum Wage Order? If so, what should that minimum salary be?

3.  Your Comments: Are there other changes to Colorado Minimum Wage Order 35 that should be given consideration?

Comments should be sent to the Division Rule Coordinator Michael Primo at, with “Minimum Wage Order” in the subject line. The initial comment due date was FridayAugust 162019, but comments are now being accepted through September 30, 2019. All written comments are being publicly posted in the sheet below, which is being continuously updated as comments are received.

            Second, the Division invited anyone interested to a Stakeholder Pre-rulemaking Exchange And Kickoff (“SPEAK”), a discussion the Division hosted for anyone who wished to comment orally or ask questions, whether to follow up on, or respond to, any publicly posted written comments, or to offer additional comments. SPEAK was held on Wednesday, August 28, 2019, drawing roughly 100 attendees and featuring public testimony for its entire six-hour duration. To share all comments with those who could stay only briefly or could not attend, the Division retained a professional stenographer to transcribe all oral comments, as well as a Spanish interpreter. The transcript will be publicly available on this page as soon as it is ready, likely by late September.

           All written and oral comments will be carefully reviewed by the Division and will help focus our work in the formal rulemaking process for the Minimum Wage Order, pursuant to the State Administrative Procedure Act, C.R.S. § 24-4-101, et seq.

            Please contact any of the below if you have any questions. Substantive comments on the Minimum Wage Order will be routed to Rule Coordinator Michael Primo for public posting, pursuant to the above-detailed process for making comments publicly available. Thank you.

           Scott Moss
           Division of Labor Standards and Statistics
  / 303-318-8172

           Elizabeth Funk
           Labor Standards Director
           Division of Labor Standards and Statistics
  / 303-318-8459

           Patrick Teegarden
           Director of Policy and Legislation
           Colorado Department of Labor and Employment
  / 303-318-8019