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Types of Jobs That CANNOT be Listed on This Site

Orders Not Guaranteeing Minimum Wage

 
The current minimum wage is $12.00 per hour. For employees who receive a tip income it is $8.98 per hour. For more information regarding the Minimum Wage Law in Colorado, click here.
 

Orders Involving a Fee for Placement

 
A fee for placement is a charge that consists of direct payment in exchange for the job referral or placement.
 

Orders Where an Employer-Employee Relationship Does Not Exist

 
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.
 
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.
 

Orders That Are Not Bona Fide

 
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.
 
Job orders that are received to build a list of applicants for future openings are not bona fide orders.
 

Orders Pre-designating Applicants To Be Referred

 
Employers may not request certain workers be referred on any basis other than an occupational qualification.
 

Orders That Are Discriminatory

 
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.
 
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.
 
The Rehabilitation Act of 1973 prohibits employers meeting certain standards from discriminating against qualified disabled applicants.
 
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.
 
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.
 

Orders That Are In Violation of Law

 
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.
 

Orders Impacted By a Labor Dispute

 
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.
 

Orders Specifying Membership or Non-membership in a Labor Organization

 
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.
 
 
If you have questions regarding any of these, please contact your local Workforce Center and speak to a specialist.
 
 
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Colorado Workforce Center Colorado Department of Labor & Employment