Court of Appeals No. 21CA2057.

535 P.3d 1016 (2023)

2023 COA 53

Rowean BRENNAN, Plaintiff-Appellee and Cross-Appellant, v. BROADMOOR HOTEL INC., Defendant-Appellant and Cross-Appellee, and Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Announced June 15, 2023.

Attorney(s) appearing for the Case

The Wilhite & Miller Law Firm, David H. Miller , Victoria E. Guzman , Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Roger G. Trim , Abigail S. Wallach , Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Philip J. Weiser , Attorney General, Evan P. Brennan , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

HKM Employment Attorneys, LLP, Claire E. Hunter , Adam M. Harrison , Denver, Colorado, for Amicus Curiae Colorado Plaintiff Employment Lawyers' Association.

David H. Seligman , Denver, Colorado, for Amicus Curiae Towards Justice.

¶ 1 This case presents two questions. First, we must decide whether a mandatory, fixed "service charge" for food and drink consumed during a banquet constitutes a "tip" under Colorado Minimum Wage Order Number 35, 7 Code Colo. Regs. 1103-1 (effective Jan. 1, 2019-Dec. 31, 2019), (MWO),

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