Case: Wage & Hour/Overtime (Colo. Ct. App.)

The Broadmoor Hotel Inc. didn’t owe a former banquet server the difference between his base wage and a tipped employee minimum under a Colorado minimum wage order, where a hearing officer reasonably concluded that a “service charge” for food and drink consumed during a banquet doesn’t constitute a “tip” because clients don’t decide whether to pay a service charge or determine the amount, a Colorado court of appeals ruled, yet he was due unpaid overtime because he wasn’t an exempt “sales employee.”