HAMILTON v. AMAZON.COM SERVICES LLC

Supreme Court Case No. 24SA12.

555 P.3d 620 (2024)

2024 CO 60

Dan HAMILTON, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. AMAZON.COM SERVICES LLC, a Delaware limited liability company, Defendant-Appellee.

Supreme Court of Colorado.

September 9, 2024.


Attorney(s) appearing for the Case

Attorneys for Plaintiff-Appellant: Wilhite & Miller Law Firm, David H. Miller, Victoria E. Guzman, Denver, Colorado.

Attorneys for Defendant-Appellee: Littler Mendelson, P.C., Jennifer S. Harpole, Sarah K. Watt, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Department of Labor and Employment, Division of Labor Standards and Statistics: Philip J. Weiser, Attorney General, John August Lizza, First Assistant Attorney General, Denver, Colorado.

Attorneys for Amici Curiae Colorado Plaintiff Employment Lawyers Association and Towards Justice: Alexander Hood, Brianne Power, Denver, Colorado, HKM Employment Attorneys LLP, Adam M. Harrison, Cynthia J. Sánchez, Denver, Colorado.

JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE MÁRQUEZ, JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.


¶1 This case requires us to answer the following certified question of law from the Tenth Circuit Court of Appeals:

Whether Colorado law includes or excludes holiday incentive pay from the calculation of "[r]egular rate of pay" under 7 Colo...

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