Orders Not Guaranteeing Minimum Wage
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The current minimum wage is
$14.42 per hour. For employees who receive a tip income it is $11.40 per hour.
For more information regarding the Minimum Wage Law in Colorado,
click here.
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Orders Involving a Fee for Placement
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A fee for placement is a charge that consists of direct
payment in exchange for the job referral or placement.
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Orders Where an Employer-Employee Relationship Does Not Exist
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An employer is defined by the Wagner-Peyser regulations, in part, as a
person, firm, corporation, or other organization that has a location
within the United States to employ workers, and that hires, pays, fires,
supervises and otherwise controls the work of its employees. An
employer-employee relationship does not exist if the worker is an
independent contractor, and/or if the employer does not pay Unemployment
Insurance (UI) taxes or provide Workers' Compensation on behalf of the
worker.
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The Colorado Employment Security Act states that an employer-employee
relationship does not exist when a worker is paid straight commission.
An employer must guarantee at least minimum wage to an employee in order
for an employer-employee relationship to be established.
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Orders That Are Not Bona Fide
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A bona fide job order means that a current and valid job
opening exists prior to any referrals being made, and that the workforce
center has reason to be confident that the employer is a legitimate
employer.
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Job orders that are received to build a list of applicants for future
openings are not bona fide orders.
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Orders Pre-designating Applicants To Be Referred
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Employers may not request certain workers be referred on any basis other
than an occupational qualification.
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Orders That Are Discriminatory
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The Civil Rights Act of 1964 prohibits discrimination in hiring, promotion,
discharge, pay, fringe benefits, and other aspects of employment, on the
basis of race, color, religion, sex, or national origin.
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The Age Discrimination In Employment Act of 1967 prohibits arbitrary age
discrimination in employment against individuals 40 years of age or older
by: 1) private employers having 20 or more employees and engaging in
an industry affecting interstate commerce, or 2) any governmental entity.
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The Rehabilitation Act of 1973 prohibits employers meeting certain
standards from discriminating against qualified disabled applicants.
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The Civil Rights Act and the Wagner-Peyser Act require that the labor
exchange system ensure that discriminatory job orders are not accepted.
In addition, the Civil Rights Act of 1964 prohibits the labor exchange
system from providing any service to an employer when there are reasonable
grounds (i.e. documented evidence) to believe that the employer is engaged
in discriminatory practices.
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Orders automatically excluding anyone based on an arrest or conviction
history are potentially discriminatory and may violate the law if not job
related and consistent with business necessity. Refer to U.S. Department
of Labor, Employment and Training and Employment Guidance Letter 31-11,
May 25, 2012.
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Orders That Are In Violation of Law
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Job orders that contain job duties or terms or conditions of employment
that are contrary to state or federal law should be refused.
Examples of such orders would
be those specifying pay below the legal minimum wage, requiring the worker
to perform illegal activities, or specifying hours for a youth worker
in violation of child labor laws.
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Orders Impacted By a Labor Dispute
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A labor dispute is any controversy concerning the terms or conditions of
employment, or any controversy concerning the association or representation
of individuals in negotiating, maintaining, changing, or seeking to
arrange the terms or conditions of employment.
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Orders Specifying Membership or Non-membership in a Labor Organization
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Orders specifying membership or non-membership in a labor organization as
a condition of being hired may be in violation of law if the employer is
subject to the Labor-Management Relations Act of 1947.
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