| Legal Ideas and Information - May 2009 |
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Wrongful Discharge for Off-Duty Conduct
What an employee does after work hours might have more significant consequences for the employer than what the employee does while on duty. That is one implication of Watson v. Public Service Co. of Colorado, a wrongful discharge case which the Colorado Supreme Court is considering for review. The case involves application of a Colorado statute that can make an employer liable for termination of an employee's employment “due to that employee's engaging in lawful activity off the premises of the employer during nonworking hours.” The statute, C.R.S. section 24-34-402.5, is part of Colorado's anti-discrimination laws. It was originally enacted in 1990, supposedly to protect smokers from discrimination by employers. But since its enactment, employees have alleged that the statute has broad application to many other activities, ranging from sexual to political. With few reported decisions about the statute's coverage, its scope and other issues remain unsettled. Tip Income for Child Support and Maintenance Income Assignments (Garnishment)
Employees who owe money for child support or maintenance (alimony) may have their wages (including tips) garnished by the employer, so that the child support or maintenance can be paid to the ex-wife or ex-husband. Employers who have to make payroll deductions are faced with difficult choices when trying to understand and implement Colorado law concerning tip income. Tip income (tips) are common in many jobs, including but not limited to: waiters, waitresses, other waitstaff; dog grooming, estheticians; casino dealers; bellhops and other hotel staff; taxi drivers; limousine drivers; car valets; and hair stylists and barbers. In some occupations, tips are the only source of income. For other jobs, such as waiters and waitresses, minimum wage is less than the regular state minimum wage, based on the expectation that the server will receive tip income. In connection with a Notice to Withhold Income for Support, "income" means wages - and wages include tips declared by the individual or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater. This publication is intended to provide accurate and authoritative information on the subject matter covered. It is distributed with the understanding that the publisher and distributor are not rendering legal, accounting or other professional service, and assume no liability in connection with its use. Copyright © 2009. This is an advertisement. |
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