The Colorado Division of Labor and Employment (CDLE) has adopted Colorado Minimum Wage Order Number 29 to reflect the new state minimum wage of $7.78 per hour effective January 1, 2013. It has also finalized the Colorado Minimum Wage Order Number 29 Poster and Fact Sheet.
This year, instead of just changing the minimum wage rate, the CDLE also added a case annotation to the end of the wage order. The Division cited the case ofBonidy v. Vail Valley Center for Aesthetic Dentistry, P.C. and James J. Harding, DDS (Colo. App. 2010). In this case, a dental assistant successfully sued for wrongful discharge in violation of public policy, alleging that her employer terminated her for asserting her legal right to receive rest and lunch breaks in violation of the order in effect at the time, Minimum Wage Order Number 22. The case also included allegations of unlawful employer retaliation.
It is not known whether inclusion of the case reference in the order is significant, but it is a good reminder to employers that they can be sued under other legal theories in wage and hour disputes.