Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
On appeal from the district court’s order dismissing Dan Hamilton’s purported class-action claims for violations of Colorado wage law against Amazon.com Services, the 10th Circuit Court of Appeals certified a question to the Colorado Supreme Court: “[w]hether Colorado law includes or excludes holiday incentive pay from the calculation of ‘[r]egular rate of pay.’”
The Colorado Supreme Court accepted the certified question and has now issued an opinion “Concluding that holiday incentive pay is included in the calculation of the ‘[r]egular rate of pay.’”
According to the opinion, this conclusion is contrary to the district court’s determination that holiday incentive pay is not included in the calculation. The 10th Circuit concluded the Colorado Supreme Court’s answer to its certified question resolved the appeal in Hamilton’s favor.
The 10th Circuit reversed the district court’s order dismissing Hamilton’s complaint, remanded for further proceedings and denied as moot Amazon’s motion to take judicial notice.