Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-1 - COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER) #38
6 - Deductions, Credits, and Charges
Universal Citation: 7 CO Code Regs 1103-1 § 6
Current through Register Vol. 47, No. 17, September 10, 2024
6.1 Tips or Gratuities. It shall be unlawful for an employer to assert a claim to, right of ownership in, or control over tips or gratuities intended for employees in violation of the Colorado Wage Act, including C.R.S. § 8-4-103(6).
6.2 Credits Toward Minimum Wages. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 - 6.2.3 below.
6.2.1 Lodging
Credit. A lodging credit for housing furnished by the employer and used by the
employee may be considered part of the minimum wage if it is:
(A) no greater than the smaller of (1) the
reasonable and actual cost to the employer of providing the housing, (2) the
fair market value of the housing, or (3) $25 per week for a room (in a shared
residence, dormitory, or hotel) or $100 per week for a private residence (an
apartment or a house);
(B) accepted
voluntarily and without coercion, and primarily for the benefit or convenience
of the employee, rather than of the employer; and
(C) recorded in a written agreement
(electronic form is acceptable) that states the fact and amount of the credit
(but need not be a lease).
6.2.2 Meal Credit. A meal credit, equal to
the reasonable cost or fair market value of meals provided to the employee, may
be used as part of the minimum hourly wage. No profits to the employer may be
included in the reasonable cost or fair market value of such meals furnished.
Employee acceptance of a meal must be voluntary and uncoerced.
6.2.3 Tip Credit. A tip credit no greater
than $3.02 per hour may be used to offset cash wages for employers of tipped
employees. An employer must pay a cash wage of at least the amount specified
for the applicable year in the PAY CALC Order if it claims a tip credit against
its minimum hourly wage obligation; if an employee's tips combined with the
cash wage of at least the amount specified for the applicable year in the PAY
CALC Order do not equal the minimum hourly wage, the employer must make up the
difference in cash wages.
6.3 Uniforms.
6.3.1 Where wearing a particular uniform or
special apparel is a condition of employment, the employer shall pay the cost
of purchases, maintenance, and cleaning of the uniforms or special apparel,
with the following exceptions:
(A) if the
uniform furnished by the employer is plain and washable, and does not need or
require special care such as ironing, dry cleaning, pressing, etc., the
employer need not maintain or pay for cleaning; and
(B) clothing that is ordinary, plain, and
washable that is prescribed as a uniform need not be furnished by the employer
unless a special color, make, pattern, logo, or material is required.
6.3.2 The cost of ordinary wear
and tear of a uniform or special apparel shall not be deducted from an
employee's wages.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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