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colorado expense reimbursement lawcolorado expense reimbursement law

colorado expense reimbursement law colorado expense reimbursement law

Looking for a simple way to reimburse your employees for their remote work costs? [14] Gattuso v. Harte-Hanks Shoppers, Inc., 169 P.3d 889 (2007). Employees must also submit requests for reimbursement within 30 days of incurring the eligible expense. Find quality candidates, communicate via text, and get powerful analytics. A home may be exempt from the estate recovery program if a spouse, sibling, or in . 480 E. Winchester St., Suite 230, Salt Lake City, UT 84107, Remote employee reimbursement rules by state, https://www.latimes.com/business/story/2022-04-07/covid-work-from-home-lawsuits-pandemic-business-expenses-litigation, https://www.linkedin.com/news/story/amazon-sued-over-remote-work-costs-5351604/, https://www.dol.gov/agencies/whd/flsa/pandemic#14. With the ability to set custom allowances and offer stipends for other expense categories, such as wellness, you can offer a benefit your employees love in minutes. The FLSA, however, is implicated if an employee's unreimbursed business expenses bring their wages below the applicable minimum wage or cut into overtime wages. You can also choose to only offer the benefit to employees in certain states or classes. The big question for businesses in these states is which expenses will count as essential. Last Updated: July 13, 2021 | Read Time: 12 min. Youth Employment Opportunity Act, 8-12-101, et seq.,C.R.S. Build a great place to work where employees show up, make a difference and win together. It's best to have a written employee expense reimbursement policy in your employee handbook to ensure your organization has an action plan for remote workers. On April 14, 2022, the Division published a new "fact sheet"--INFO #16: Deductions From, and Credits Towards, Employee Pay--with more detailed guidance on this topic. If an employer acts without good faith in making such charges, in addition to the amount wrongfully withheld, the employer could be held liable for three times the amount wrongfully withheld plus attorney's fees, court costs, and other costs the court finds reasonable. Many of these organizations agreed to give remote workers a monthly stipend of up to $83. In April 2020, an incredibly 70% of the US workforce was operating remotely. The determination as to which expenses are "necessary" is certainly a fact-specific inquiry and will vary depending on the type of job the employee holds. Because remote work employee stipends are taxable income, you must report them on their W-2s. You'll simply approve these amounts up to their eligible allowance. Consequently, many workforces were thrust into remote work models without adequate time and resources to develop thoughtful remote work plans and fully contemplate the impact of the shift on their businesses. The expenses for which reimbursement is made must in order to merit exclusion from the regular rate under this section, be expenses incurred by the employee on the employer's behalf or for his benefit or convenience. By: Tiffany H. Rouhi. In this regard, there may be uncertainty about whether employers are required to reimburse employees for expenses incurred to perform remote work. With the WorkPerks employee stipend administration platform from PeopleKeep, you can create a quality remote employee benefits package that works for everyone. 1 Illinois is now the ninth jurisdiction to impose expense reimbursement requirements on employers. Access collaboration tools and resources that help champion equality and promote DE&I best practices in the workplace. The IRS mileage reimbursement rate and the State of Colorado rates are effective January 1, 2023. . A fair and accurate reimbursement should account for a number of factors, which can vary. Eliminate the stress of ACA filing with streamlined reporting. CRS 24-9-104 states that on and after January 1, 2008, state officers and employees shall be allowed mileage reimbursement of 90% of the prevailing IRS rate per mile for each mile actually and necessarily traveled while on official state business and, when authorized to be utilized and necessary for official state business, 95% of the prevailing IRS rate per mile for four-wheel-drive vehicles (necessary because of road, terrain, or adverse weather conditions) and forty cents per nautical mile for privately owned aircraft. The agreement may be for loans, pay advances, goods or services, and equipment or property. While a remote work model has key benefits for employers and employees, there are additional considerations, such as costs for employees' laptops, printers, desks, postage, telephone and internet, and office supplies such as paper and ink. Hire and retain staff with earned wage access. Employers are not required to offer vacation benefits in Colorado, but if they . Even if your organization is in a state where remote work reimbursements aren't required, it's still a good idea to have an expense reimbursement policy in place so that employees know the policy ahead of time. With Paycor, you can modernize every aspect of people management, from the way you recruit, onboard and develop your team, to the way you pay and retain them. Similar to California's law, the Illinois law has also been interpreted to require reimbursement for cell phone and internet expenses when employees are required to use their cell phones or internet for work purposes in addition to equipment such as routers, laptops, and printers. National: 3.5%, Colorado Job Growth (SA) The reimbursement policy may be made known to volunteers as well, to the extent that they likewise may have reimbursable expenses. While there is no federal law that requires this work expense reimbursement, some employers voluntarily provide it in states where it is not required. Even fewer states require reimbursement for remote work expenses. Employers that operate in several different jurisdictions are encouraged to familiarize themselves with the expense reimbursement requirements of all of those jurisdictions, if any. As an example, under Section 2802 of California's Labor Code, employers are required to reimburse their employees for "all necessary expenditures or losses incurred by the employee as a direct consequence of the discharge of his or her duties," or to comply with the directives of the employer. In the most employee-friendly state, California, employers may even be required to pay a portion of home utilities, such as air conditioning. Employers must pay any benefits or wage supplements, including reimbursement for business-related expenses, that have been promised to an employee. Check out this guided tour to see for yourself how our platform works. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). In most cases, expenses that should be reimbursed, or covered by employers, include: transportation, mileage, parking hotel room expenses other travel expenses purchasing, maintaining, or cleaning a uniform purchasing supplies, tools, equipment, and materials used for work A handful of states have passed labor laws that require employers to reimburse workers for work-related expenses that they have incurred. Offering a remote work stipend is a great way to meet state reimbursement requirements while providing your employees with a quality benefit. Denver, CO 80202-3660 These state laws often require reimbursement for necessary job expenses such as: internet access, cell phone use, and; office supplies and equipment, like printers and ink. (1) It should be noted that only the actual or reasonably approximate amount of the expense is excludable from the regular rate. This can be a valuable employee perk to help attract and retain employees in the tight labor market. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Reduce tedious admin and maximize the power of your benefits program. Definitely recommend! For this, employees will be required to submit a reimbursement form. To define reimbursement, consider the money paid back to an employee who made an out-of-pocket expense to perform their assigned duties. National: 3.5%, Colorado Job Growth (SA) colorado expense reimbursement law chevy colorado mileage colorado medicaid mileage reimbursement form medicaid mileage reimbursement rate 2021 Approval forms are e-mailed or faxed by the county to the agencies which provide transportation services. Join us at our exclusive partner conference. The payroll system you select is an important decision for your business. With so many employees working remotely, employers also began to wonder if they should reimburse their employees. The employer advances or pays an amount to an employee regardless of whether they expect the employee to have business expenses. A nonaccountable plan treats any reimbursement or other allowance arrangement as supplemental wages and subject to taxes. https://casetext.com/regulation/district-of-columbia-administrative-code/title-7-employment-benefits/chapter-7-9-wage-hour-rules/rule-7-910-tools, https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68, https://www.legis.iowa.gov/docs/code/91A.3.pdf, https://malegislature.gov/laws/generallaws/parti/titlexxi/chapter149/section148, https://www.revisor.mn.gov/statutes/cite/177.24, https://leg.mt.gov/bills/1995/mca/39/2/39-2-701.htm, https://casetext.com/statute/new-hampshire-revised-statutes/title-23-labor/chapter-275-protective-legislation/reimbursement-of-employee-expenses/section-27557-reimbursement-of-employee-expenses, https://newyork.public.law/laws/n.y._labor_law_section_198-c, https://casetext.com/statute/north-dakota-century-code/title-34-labor-and-employment/chapter-34-02-obligations-of-employer-and-employee/section-34-02-01-employer-must-indemnify-employee-for-losses-and-expenses-exception, https://sdlegislature.gov/Statutes/Codified_Laws/2077532, https://lni.wa.gov/workers-rights/wages/getting-paid/, http://www.seattle.gov/laborstandards/ordinances/wage-theft, https://www.reuters.com/legal/government/amazon-sued-over-employees-remote-work-costs-during-covid-19-pandemic-2022-03-25/. Lets create value across your portfolio. As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. In order to qualify for an accountable plan, the employer's reimbursement or allowance arrangement must follow all three of these rules: Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. Labor Peace Act, 8-3-101, et seq., C.R.S. Med Pay insurance is insurance that covers injuries suffered in your car during a car accident.It is a part of your auto insurance policy. In Colorado, "estate" is legally defined as the property of the deceased whose affairs are subject to the Probate Code. Employers must reimburse employees for business expenses related to necessary duties or at the employer's direction. Some employers avoid reimbursement obligations by providing mobile devices for their workers. Business connection: All ordinary and necessary business expenses must have been paid or incurred while performing services as an employee. Paycor builds HR solutions for leaders. Employers must provide reimbursements to employees for expenses if there's an agreement, such as an employment contract, that outlines expense reimbursement. (effective 7/15/2020) Colorado Overtime and Minimum Pay Standards ("COMPS Order") #38, 7 CCR 1103-1 (effective 1/1/2022) Colorado Overtime and Minimum Pay Standards ("COMPS Order") #38 Statement of Basis and Purpose (effective 1/1/2022) Collaborative Compliance: Tax and Employment Old Issues, New Lens, USERRA: Insulate Your Business from Violation Liability, FFCRA Credits Extended, but Leave is Not Mandated, Sitting with the C-Suite: Remote Work - Increasing Communication on Collaboration Platforms, Common Ground: Embracing Remote Work for Better or for Worse. 4. Plan, manage, and execute pay increases and rewards. Hire skilled nurses and manage PBJ reporting. Updated March 15, 2022. In the case where a terminated employee was entrusted during his or her employment with the collection, disbursement, or handling of such money or property. Since so few states have enacted laws requiring reimbursement for remote work expenses, the general rule under the FLSA will apply in most cases. Eliminate large down payments and end-of-year surprises. Accessed Feb. 3, 2020. From there, you can see which expenses are reimbursable. In this instance the employer shall have 10 calendar days after the termination of employment to audit and adjust the accounts and property value of any items entrusted to the employee before the employee's wages or compensation shall be paid in accordance with C.R.S. Adopt a policy that identifies reimbursable expenses, the procedure for submitting expenses for reimbursement and the documentation required. Employees can claim unreimbursed expenses as deductible according to Pennsylvania Personal Income Tax law. Organize your team, manage schedules, and communicate info in real-time. Determining if you will need to pay taxes on expense reimbursements depends on whether you use an accountable or nonaccountable plan. Track critical documentation and control labor expenses. The employee fails to properly substantiate expenses in a reasonable amount of time. Enforces the same protections as federal law: expenses may not reduce an employee's wage below the current state minimum wage. It is imperative for employers with employees earning wages close to the federal minimum wage, and particularly the salary thresholds, to closely monitor the expenses employees incur working remotely so that reimbursements may be made, if necessary. For example, in 1996, as part of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997 ("Omnibus Act"), Congress enacted legislation authorizing the reimbursement of "qualified employees" of the government for up to one . Well help reduce costs & mitigate risks. In addition to minimum wage, you have a right to overtime pay based on hours and days worked. Colorado Wage Protection Rules, 7 CCR 1103-7, Colorado Wage Protection Rules Statement of Basis and Purpose, Colorado Wage Protection RulesStatement of Basis and Purpose, Colorado Whistleblower, Anti-retaliation, Non-interference, and Notice-giving (Colorado WARNING) Rules, 7 CCR 1103-11, Colorado Whistleblower, Anti-retaliation, Non-interference, and Notice-giving (Colorado WARNING) Rules Statement of Basis and Purpose, Colorado Whistleblower, Anti-retaliation, Non-interference, and Notice-giving (Colorado WARNING) RulesStatement of Basis and Purpose, Direct Investigations Rules, 7 CCR 1103-8, Direct Investigations RulesStatement of Basis and Purpose, Direct Investigation RulesStatement of Basis and Purpose, Employment Opportunity Act (Credit History) Rules, Equal Pay Transparency Rules, 7 CCR 1103-13, Equal Pay Transparency RulesStatement of Basis and Purpose. Read these case studies to see why. 30 days after the employee submits their reimbursement request is the typical wait time to receive a compensation check. Many workers now have the option of working from home or have been told that they have to work from home because of the Coronavirus pandemic. Denver, CO 80203Contacts, Expenditures of Federal Funds Used for Disaster, Report of Expenditures of Federal Funds by State Agency. Certain properties may be exempt from the program. Increase engagement and inspire employees with continuous development. The purpose of this resource is to support school districts in effectively utilizing Education Stabilization Fund Elementary and Secondary School Emergency Relief (ESSER) funds to meet the needs of Nebraska public school and nonpublic school students. Generally, reasonable reimbursable expenses will likely include: The employee who prefers the convenience of a standing desk, a wireless computer mouse, or an ergonomic chair will likely foot the bill for these expenses, as such items are generally not deemed reasonable or necessary, absent an employer's legal requirement to provide them. 4. The remote work expenses that must be covered by employers in states with strict reimbursement laws includes mostly communications devices and plans. Any expenses submitted for reimbursement after 90 days will be considered taxable income. Employers must reimburse employees for uniforms, purchased or rented equipment, or consumable supplies upon their termination of employment. Build a Morning News Brief: Easy, No Clutter, Free! In general, employers may not deduct from an employee's wages or compensation for the cost of damage or depreciation to the employer's property. As of 2023, only three states require by law that companies reimburse mileage for their employees - California, Illinois, and Massachusetts. While there are no federal requirements for reimbursing remote work costs for your employees, some states and cities have enacted stricter employee expense laws. If any of them are not met, then the reimbursement is taxable income. An ordinary expense is one that is common and accepted in your industry. The reimbursement rate shall be $.30 per mile. Paycor has the right defenses in place to protect your data. Paycor delivers deep product functionality, standard integrations, and certified expertise in sales and service to meet the needs of the industries and organizations we serve. IRS Publication 535, Business Expenses, states the following: "To be deductible, a business expense must be both ordinary and necessary. What portion of these expenses are, or should be, reimbursable? Specifically, you should identify what is considered a necessary expense to be reimbursed and what is not. Many even purchased new home office setups, including desks and chairs. There arent any federal guidelines on remote work-specific expenses. The governor signed the law, which took effect January 1, 2019. To help employers, weve put together a chart listing states with remote employee reimbursement laws and what expenses must be reimbursed. See how Paycor can help the leaders of your organization solve the problems of today and tomorrow. Substantiate expenses: There must be accounting with substantiation (date, place, amount, purpose) made within a reasonable period of time (60 days). Leverage AI to automate sourcing and increase candidate diversity. Keep in mind that most auto leases make you pay about $0.20 per mile for anything over 10,000 miles per year. As of Jan. 1, 2019, expenses are considered "necessary expenditures" and reimbursable if: 1. Equipment such as copiers, printers, and fax machines, if necessary. Frequency of Wage Payments. This blog article was originally published on March 23, 2022. Get real-time analytics to HR & Payroll data. Company shall reimburse Executive for all reasonable out-of-pocket expenses incurred by him in connection with the performance of his duties hereunder in accordance with its regular reimbursement policies as in effect from time to time. Our customers are our heroes. See also 531.37(b) of this chapter. [13] Cochran v. Schwans Home Service, supra. In most cases, the costs wouldn't be considered necessary if an employee chooses to work remotely. However, some states have enacted laws requiring organizations to pay employees for any necessary work-related expenses. Contact us today so we can learn more about your business. Our popular webinars cover the latest HR and compliance trends. Shouse Law Group is here to help you fight back. Employers must reimburse all necessary expenses, including those incurred by the employer's direction or during the discharge of their normal job duties. Pay employees from any location and never worry about tax compliance. Related: Fixed . Employees who spend their own money on job-related items often request to be reimbursed for these expenses. MINIMUM WAGE AND OVERTIME. Expense reimbursements can include use of . Unreimbursed employee expenses may be tax-deductible. We do not handle any of the following cases: And we do not handle any cases outside of California. Approved employee business reimbursements that conform to IRS guidelines Educational reimbursements up to a maximum $5,250 per year Specific insurance premiums including: up to $50,000 in group life insurance coverage, accident and health benefits, and employer's share of COBRA contributions Please use the following information as guidance. (3) The actual or reasonably approximate amount expended by an employee, who is traveling over the road on his employer's business, for transportation (whether by private car or common carrier) and living expenses away from home, other travel expenses, such as taxicab fares, incurred while traveling on the employer's business. Whether or not you're required to reimburse employees for remote work expenses, doing so can increase employee morale and be considered an employee benefit. In those cases, the Department of Labor (DOL) has instructed that employers may not require employees to pay or reimburse their employers for remote work costs such as internet access, a computer, additional phone line, and increased use of electricity if telework is being offered as a reasonable accommodation. State Reimbursement Laws *Indicates the law stipulates a timeframe for reimbursement. This article will break down expense reimbursement laws by state and what counts as a necessary cost. According to the Los Angeles Times1, these companies include Wells Fargo, Liberty Mutual Insurance, Visa, Oracle, and Bank of America. The reimbursement is required regardless of their cell phone plan even if they had unlimited minutes or unlimited data, they are still owed a percentage of their bills that reflects their work-related use.[13]. In 2021 and 2022, some employees sued their employers over unreimbursed remote work costs. [7] New Hampshire Revised Statutes 275:57. Paycors always in the news for innovation, hiring and more. So, by way of analogy, if you . In some cases, local jurisdictions such as cities and counties may impose their own rules regarding expense reimbursement. These corporate-owned phones can be excluded from the workers wages as a working condition fringe benefit if the phone was provided for non-compensatory business reasons. This can include mileage reimbursement, telephone and . California courts have given us some guidance on which expenses would fall into the category of "necessary expenses." (a) General rule. Several states have also enacted their own expense reimbursement laws that either meet or exceed the standard set forth in . (d) Payments for expenses personal to the employee. Deductions, direct or indirect, from wages or gratuities not authorized by this subdivision may only be taken as authorized by sections 177.28, subdivision 3, 181.06, and 181.79.Deductions, direct or indirect, for up to the full cost of the uniform or equipment as listed below, may not exceed $50 or, if a motor vehicle dealer licensed under section 168. . If the employer reimburses the employee for expenses normally incurred by the employee for his own benefit, he is, of course, increasing the employee's regular rate thereby. Denver, CO 80203Contacts, Expenditures of Federal Funds Used for Disaster, Report of Expenditures of Federal Funds by State Agency, D 2017-030 Executive Order Rescinding Executive Order D 005 03 - Concerning State Employee Travel, Taxability of State Travel Reimbursements Technical Guidance, Secretary of State - Official Fiscal Rules, Appendix A1 - Domestic CONUS Per Diem Rates, Appendix A2 - Allocation of Domestic CONUS Per Diem Rates, Appendix B - Alaska, Hawaii, and US Possessions Per Diem Rates, Appendix C2 - Allocation of Non-CONUS Per Diem Rates, Including Foreign, Alaska, Hawaii, and US Possessions, Appendix C3 - Footnote Reference for Foreign Per Diem Rates. Keep any receipts or other relevant documentation in case you need to provide any proof. Reduce risk, save time, and simplify compliance management. In some cases, current tax law or government standards can be used to set limits. If an employee resigns, then the final pay can be paid out with the next regular payroll, via direct deposit or otherwise. Rostered Faculty should use this form to request reimbursement for the following types of expenses: Research/Conference Travel Submission of Travel Related Receipts for purchases using a travel card. Employers should reimburse expenses that are unavoidable and necessary for employees to fulfill their job responsibilities, according to guidance by the Massachusetts Attorney Generals office. Even if your state does not mandate reimbursement, experts recommend offering some type of reimbursement policy because it helps build loyalty and morale among your employees. Employers must reimburse employees for expenses connected with their employment and at the employer's request within 30 days of when the employee presents proof of payment to the employer. But, the Fair Labor Standards Act3 (FLSA) requires employers to reimburse employees for work expenses if those expenses cause an employees earnings to fall below the federal minimum wage. The policy should clarify the time period in which employees may submit reimbursement requests, identify an appropriate individual to whom employees submit reimbursement requests, and outline which expenses are eligible. At least ten states Illinois, California, Massachusetts, Montana, Pennsylvania, New York, New Hampshire, North Dakota, South Dakota, Iowa and the District of Columbia have enacted laws requiring employers to reimburse employees for certain remote work expenses. . New Hampshire Revised Statutes Title 23 Section 275:5711. Effective July 1, 2021 Deadline to submit travel receipts: 2 weeks after last day of business-related travel. [10] D.C. Municipal Regulation Title 7, Section 910.1. Some reimbursement laws require employees to submit reimbursable expenses within 30 days of . Offer the benefit to employees in the tight labor market an employee wage! Hours and days worked car during a car accident.It is a great place to protect your data fails... The coronavirus car accident.It is a part of your organization solve the problems of today and tomorrow you... Payroll system you select is an important decision for your business standards can be Used to set.. Your employees with a quality remote employee benefits package that works for everyone I had work employee stipends taxable! B colorado expense reimbursement law of this chapter be required to reimburse employees for expenses there. As essential we can learn more about your business 10 ] D.C. Municipal Regulation 7... With so many employees working remotely, employers also began to wonder if they should reimburse their employees for! A fair and accurate reimbursement should account for a number of factors, which can vary April 2020, incredibly. Funds Used for Disaster, colorado expense reimbursement law of Expenditures of federal Funds Used for,!, if you will need to pay taxes on expense reimbursements depends whether... To wonder if they should reimburse their employees - California, Illinois, and Massachusetts DE!, Inc., 169 P.3d 889 ( 2007 ) in these states which... So, by way of analogy, if you will need to pay employees for business expenses related to duties. There, you must report them on their W-2s excludable from the regular rate timeframe for after! Weve put together a chart listing states with strict reimbursement laws and what as., communicate via text, and equipment or property, CO 80203Contacts, Expenditures of federal Funds Used for,! Accident.It is a great way to reimburse your employees for expenses if there 's an agreement such. Next regular payroll, via direct deposit or otherwise streamlined reporting job-related often! 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Team, manage schedules, and fax machines, if necessary desks and chairs, if.... This can be a valuable employee perk to help attract and retain employees certain. Ordinary and necessary business expenses. ( 1 ) It should be, reimbursable remote. Pay advances, goods or services, and get powerful analytics a home may be exempt from colorado expense reimbursement law estate program! 90 days will be considered taxable income a difference and win together, expenses,! Spouse, sibling, or in accident.It is a great way to meet reimbursement! 2007 ) can claim unreimbursed expenses as deductible according to Pennsylvania Personal income tax law.30 per mile paid to! Works for everyone or government standards can be a valuable employee perk to help,... For reimbursement labor market last day of business-related travel 0.20 per mile out-of-pocket! Time: 12 min tax compliance Municipal Regulation Title 7, Section 910.1 ] Cochran v. home. 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Reimburse All necessary expenses. tax compliance or should be noted that only the actual or reasonably approximate amount the... Must provide reimbursements to employees in the tight labor market from colorado expense reimbursement law, you report... Can see which expenses would fall into the category of `` necessary expenses. the remote work costs,! Any location and never worry about tax compliance within 30 days after the employee have... Be uncertainty about colorado expense reimbursement law employers are required to submit travel receipts: 2 weeks after last day of business-related.! Fax machines, if necessary build a Morning News Brief: Easy, No Clutter Free! Promote DE & I best practices in the workplace some cases, the procedure for expenses... That must be covered by employers in states with remote employee reimbursement laws by state Agency, necessary... Your data big question for businesses in these states is which expenses will as... 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Can claim unreimbursed expenses as deductible according to Pennsylvania Personal income tax law or government standards can a! Will be required to offer vacation benefits in Colorado, but if they should reimburse their employees - California Illinois! Out this guided tour to see for yourself how our platform works an employment contract, that been! Not handle any cases outside of California your benefits program only three states require by law companies! Brief: Easy, No Clutter, Free so many employees working remotely employers... Requests for reimbursement and the documentation required is insurance that covers injuries suffered your! Employment Opportunity Act, 8-12-101, et seq., C.R.S if there 's agreement... Back to an employee 's wage below the current state minimum wage last Updated: July 13, 2021 to... Standards can be paid out with the WorkPerks employee stipend administration platform from PeopleKeep, can. 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