Hamilton v. Amazon.com Services LLC.

2024 CO 60. No. 24SA12. Holiday Incentive Pay—Regular Rate of Pay.

September 9, 2024

The Supreme Court accepted review of the following certified question of law from the Tenth Circuit Court of Appeals:

Whether Colorado law includes or excludes holiday incentive pay from the calculation of “[r]egular rate of pay” under 7 Colo. Code Regs. § 1103-1:1, secs. 1.8 and 1.8.1.

(Alteration in original.)

The Court concluded that in accordance with the plain language of Department of Labor and Employment, 7 Colo. Code Regs. 1103-1:1.8, 1.8.1 (2022), Colorado law includes holiday incentive pay in the calculation of the “regular rate of pay.”