March 18, 2013            Presentation  Colorado Youth       Law                     By           Mark KochmanCompliance O...
Dual Jurisdiction               lora• Federal and State - whichever sets the  higher standard or provides greater  protect...
Minimum Wage•   State minimum wage is higher than at the federal level•   2013 Rate is $7.78 per hour•   The minimum wage ...
Colorado Youth Law•   Officially known as the Colorado Youth Employment Opportunity Act    of 1971•   Regulates the employ...
Work Hour LimitationsWork hour limitations under Colorado Youth Law thatdiffer from the federal standard:•   Employers in ...
Work Permit•   Work Permits are NOT required by Colorado law•   If an employer wants to see proof of the age of a minor em...
Age Restrictions                                Ages 9 to 13•   Colorado Youth Law permits minors as young as the age of N...
Permissible Jobs—14 & Above•   Office & Clerical•   Retail Food Service•   Retail Stores•   Gasoline Service•   Restaurant...
Age Restrictions                       16 Years Old and Older•   At age 16 in Colorado, a minor can work in any of the occ...
Exemptions Granted•   The Division of Labor may grant exemptions from some provisions    of Colorado Youth Law. These woul...
Restrictions           When Alcohol is Sold or Served•   A person under the age of 18 is allowed to handle or stock    3.2...
March 18, 2013              Questions ???For further information on Colorado Youth Law, please contact the Division of Lab...
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Colorado Labor Laws

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Colorado Labor Laws

  1. 1. March 18, 2013 Presentation Colorado Youth Law By Mark KochmanCompliance Officer/Youth Employment SpecialistColorado Dept. of Labor & Employment Division of Labor
  2. 2. Dual Jurisdiction lora• Federal and State - whichever sets the higher standard or provides greater protection to the employee would prevail• Where state standards apply• Detail regarding Colorado Youth Law 2
  3. 3. Minimum Wage• State minimum wage is higher than at the federal level• 2013 Rate is $7.78 per hour• The minimum wage for tipped employees, is $4.76 per hour• Those standards are contained within Colorado Minimum Wage Order 29 which covers four industries—  1) Retail and Service  2) Commercial Support Service  3) Food and Beverage  4) Health and Medical• The Wage Order permits unemancipated minors, basically those under the age of 18 and living at home with their parents, to be paid 15 percent below the regular minimum wage which this year amounts to $6.61 per hour 3
  4. 4. Colorado Youth Law• Officially known as the Colorado Youth Employment Opportunity Act of 1971• Regulates the employment of minors in Colorado• A minor is defined as “any person under the age of 18, except a person who has received a high school diploma or a passing score on the General Education Development or GED examination.”• Exemptions include:  Schoolwork and supervised educational activities  home chores; work done for a parent or guardian except where the parent or guardian receives payment for the work  and newspaper carriers 4
  5. 5. Work Hour LimitationsWork hour limitations under Colorado Youth Law thatdiffer from the federal standard:• Employers in our state are not allowed to work a minor more than 40 hours in a week or more than eight hours in a 24-hour period• No minor under the age of 16 is permitted to work between 9:30 pm and 5:00 am unless the next day is not a school day (except babysitters)• Exceptions to this are minors who work as actors, models or performers. These types of occupations are also exempt from Colorado Youth Law regarding the age-related restrictions for specified jobs that can be done by minors under the age of 514. 5
  6. 6. Work Permit• Work Permits are NOT required by Colorado law• If an employer wants to see proof of the age of a minor employee or prospective employee, that employer may require the minor to provide an age certificate. The minor may ask for an age certificate through the school superintendent of the district or county where he or she lives• If the minor attends an independent or parochial school, age certificates may be issued through the superintendent, principal or headmaster• Documents that can be used to verify a minor’s age may include a birth certificate, baptismal certificate or passport• A minor 14 or 15 years of age who wants to work on school days during school hours has to have a SCHOOL RELEASE PERMIT. That permit must be signed by the school district superintendent or another person designated to act on that person’s behalf 6 6
  7. 7. Age Restrictions Ages 9 to 13• Colorado Youth Law permits minors as young as the age of NINE to be employed in a limited number of occupations. They include:  delivery of handbills and advertising  shoe shining  gardening and care of laws involving no power-driven lawn equipment  cleaning of walks, again involving no power-driven snow-removal equipment  casual work usual to the home of the employer and not specifically prohibited  caddying on golf courses• Occupations permitted at the age of 12 are all those listed above PLUS:  sale and delivery of periodicals  baby-sitting  non-hazardous agricultural work• Colorado also cites occupations permissible for minors aged 14 and older. It’s very similar to the USDOL’s list for 14- and 15-year-olds at the federal level, which may be more exhaustive than Colorado’s. 7 7
  8. 8. Permissible Jobs—14 & Above• Office & Clerical• Retail Food Service• Retail Stores• Gasoline Service• Restaurants, Hotels & Motels• Parks & Recreation• Janitorial & Custodial• Construction & Manufac.—non-hazardous 8
  9. 9. Age Restrictions 16 Years Old and Older• At age 16 in Colorado, a minor can work in any of the occupations permissible for someone younger along with driving a vehicle if the person has a valid driver’s license• As is the case at the federal level, there are a number of occupations that are considered hazardous and therefore prohibited for any minor. Some of the more prominent ones include:  Operation of a high-pressure steam boiler or high-temperature water boiler  work that primarily involves the risk of falling from any elevated place  operation of power-driven machinery such as those dealing with woodworking  metal-forming, punching or shearing  machines used in a bakery  paper products machines, automatic pin-setters and power food slicers and grinders• Other prohibited occupations include wrecking and demolition, excavation and roofing 9 9
  10. 10. Exemptions Granted• The Division of Labor may grant exemptions from some provisions of Colorado Youth Law. These would deal mainly with working hours or duties to be performed by a particular minor• The exemptions can be requested by an employer, school official, youth employment specialist, the minor’s parents or guardian or the particular minor involved• Exemption requests are evaluated on a case-by-case basis and are granted or denied according to what is believed to be in the best interests of the minor. Factors considered in this process include the young person’s previous training and safety concerns• The final decision on exemptions is made by Colorado’s Division Director, Mike McArdle 10 10
  11. 11. Restrictions When Alcohol is Sold or Served• A person under the age of 18 is allowed to handle or stock 3.2 beer if employed by a 3.2 beer licensee and under the supervision of a person who is at least 18 years of age and on the premises• A person of any age, in compliance with Colorado Youth Law, may bus tables or handle empty alcohol beverage containers• For more information on the sale and serving of alcoholic beverages, contact the state Department of Revenue’s Liquor/Tobacco Enforcement Division at (303)205-2306 11 11 11
  12. 12. March 18, 2013 Questions ???For further information on Colorado Youth Law, please contact the Division of Labor or visit our web site at www.coloradolaborlaw.gov Mark Kochman Compliance Officer/Youth Employment Specialist (303)318-8445 Colorado Department of Labor and Employment Division of Labor 12

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