In an abundance of caution, employers can ensure compliance by providing a copy of COMPS Order 36 or Poster to everyone in their current workforce on or about March 16, 2020 and obtaining a signed acknowledgment. If an employee is covered by multiple minimum or overtime wage requirements, the requirement providing a higher wage, or otherwise setting a higher standard, shall apply. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift. Colorado: 3.3% COMPS Order 36 provides that an employer may not reduce wages for a meal, unless the employee accepts the meal voluntarily and without being coerced. Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. (B) If the below conditions are met, rest periods need not be 10 minutes every 4 hours for any employees (i) governed by a collective bargaining agreement at any employer, or (ii) during time they are providing Medicaid-funded residential in-home services for an employer receiving at least 75% of its annual total gross revenue from federal and/or state Medicaid funds for providing such services. Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; and salespersons employed by trailer, aircraft, and boat (retail) dealers are exempt from Rule 4 (Overtime). Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. These records must be maintained for a period of at least three years and for the duration of any pending wage claim pertaining to a given employee. Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy, Colorado Overtime & Minimum Pay Standards (COMPS) Order. Register today to find other auction properties in Colorado. To the extent practical, rest periods should fall in the middle of each four-hour work period. See Appendix A for citations. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. Colorado has followed the sweeping changes to its minimum wage, overtime, and other wage and hour rules implemented under Colorado Overtime and Minimum Pay Standards (COMPS) Order #36 with more changes, including a revamped transportation worker exemption. Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds 5 consecutive hours. Employers that require their employees to sign an acknowledgment of receiving those materials, such as the commonly used handbook acknowledgment, must also require a signed acknowledgement that employees were provided a copy of COMPS Order 36 or Poster. The Division shall have jurisdiction over all q It also required that . endobj View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. The Division accepts state law complaints by employees who claim entitlement to a state, federal, or local minimum or overtime wages under the C.R.S. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 below. 2.2.2 Executives or supervisors. 19-1267, effective January 1, 2020. Violations may be subject to the administrative procedure as described in the Colorado Wage Act, C.R.S. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. See C.R.S. (B) Employees in highly technical computer-related occupations, as defined by Rule 2.2.10, must receive at least the lesser of (1) the applicable salary in Rule 2.5.1, or (2) hourly pay that is at least $27.63 in 2020, adjusted annually by CPI thereafter. January 1, 2021 January 1, 2022 January 1, 2023 January 1, 2024 January 1, 2025, Weekly Overtime-Exempt Salary (& Rounded Annual Equivalent) $684.00 per week ($35,568 per year), The 2024 salary adjusted by the same CPI as the Colorado Minimum Wage, For any employer that is not subject to the $684 per week salary under this Rule 2.5.1 for all or part of 2020, the required salary is the equivalent of the Colorado $12.00 minimum wage, less any applicable lawful credits, for all hours worked in a workweek.5. Colorado Dept of Labor and Employment CDLE published three final rules: Colorado Overtime and Minimum Pay Standards Order #38 COMPS 38, 2022 Publication and Yearly Calculation of Adjusted Labor . 1.1 Authority and relation to prior orders. The findings of fact made by the director acting within prescribed powers, in the absence of fraud, shall be conclusive.); 8-12-115 (The director shall enforce this article and shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article.); and. These exemption definitions are the same as in prior Minimum Wage Orders, but now apply across the private sector, not just to the four previously covered industries. COMPS Order #38, effective January 1, 2022 remains in effect for 2023 The 2023 Publication And Yearly Calculation of Adjusted Labor Compensation (2023 PAY CALC) Order, which publishes values that adjust periodically under the COMPS Order, is also effective as of January 1, 2023. In order to be exempt from overtime requirements, Colorado employees must now meet a rising minimum salary threshold that exceeds the federal threshold: $40,500 on Jan. 1, 2021 $45,000 on Jan. 1, 2022 $50,000 on Jan. 1, 2023 $55,000 on Jan. 1, 2024 In response this blog noted that the CDLE has just issued some additional information. 7.1 Employee Records. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. This exemption is applicable for only employees of retail or service employers who receive over 75% of their annual dollar volume from retail or service sales. Log in Read more items tagged with the same topics COMPS Order 36 provides that, to the extent practical, meal periods must occur at least one hour after starting and one hour before ending shifts. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. This field is for validation purposes and should be left unchanged. 4.1.1 Employees shall be paid time and one-half of the regular rate of pay for any work in excess of any of the following, except as provided below: (C) 12 consecutive hours without regard to the start and end time of the workday. 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. (See my article below, posted 5/20/2020.) They can be accessed electronically from the website of the Colorado Secretary of State. Under COMPS Order 36, employers are no longer allowed to require a security deposit for a required uniform. 6.2.2 Meal Credit. 1.12 Workday means any consecutive 24-hour period starting with the same hour each day and the same hour as the beginning of the workweek. 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. COMPS Order #36 is the currently-effective state wage and hour law for employers in Colorado. Most provisions become effective March 16, 2020, with the exception of the increased salary thresholds, which begin on July 1, 2020. is an acknowledgement and witnessing a signature the same thing. 8.8 Separability. In addition, a signed acknowledgment of the new order is required. 1.2 Incorporation by reference. An employer shall retain records reflecting the information contained in an employees itemized earnings statement as described in this rule for at least 3 years after the wages or compensation were due, and for the duration of any pending wage claim pertaining to the employee. ! !.Q]"46D.Ef\nt@#'H$Ft uNM_g_I$KAd}:(BDY=H68yJ;e}D4Ad1,aHhh/u q6#WDEDV'hX?GJ}O_Q#bk^"'h tDgniT: Deductions, Credits, and Charges. 15 0 obj This is a preview. However . Rule 7. Log in. 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. CO Agency Disclosure - Seller. 655.210, 655.1304; 29 C.F.R. Littler Lightbulb: Whats New in Colorado? Violators may be subject to penalties under C.R.S. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . It is not necessary that the employee leave the premises for a rest period. 8-4-114); or. 6.2.1 Lodging Credit. 5.2.2 Rest periods, to the extent practical, shall be in the middle of each 4-hour work period. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. Worker Adjustment & Retraining Notification, COMPS (Colorado Overtime & Minimum Pay Standards), Interpretive Notice & Formal Opinions (INFOs) & Other Published Guidance, Digital Literacy and Inclusion Initiative, Office of Education and Training Innovation, Retaliation, Discrimination, & Harassment, Employment Opportunity Act (Credit History), Workplace Accommodations for Nursing Mothers, Colorado Chance to Compete Act (Ban the Box), Demands, Complaints, Responses, & Settlements, Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA), Colorado Health Emergency Leave with Pay ("Colorado HELP") Rules March 11 - July 14, 2020, Colorado Overtime & Minimum Pay Standards (COMPS), Agricultural Labor Rights and Responsibilities, Required Reporting by Supplemental Healthcare Staffing Agencies, 2023 Publication And Yearly Calculation of Adjusted Labor Compensation, Statement of Basis, Purpose, Authority, and Findings, Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36, INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36, The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020. The minimum wage may be reduced by 15% for (a) non-emancipated minors and (b) persons certified by the Director to be less efficient in performance of their job duties due to a physical disability. % 5 This salary requirement of minimum wage for all hours work applied under Minimum Wage Order #35 (2019) and prior Minimum Wage Orders. 7.4.1 Posting. COMPS Order 36 raises the threshold for the lodging deduction and adds requirements similar to federal law specifying that the employee must voluntarily accept the lodging and that the lodging must be appropriately documented. endobj As under federal law, hours in two or more weeks cannot be averaged in computing overtime. 8.4 Violations. Print. In addition to state wage requirements, federal or local laws or regulations may apply minimum, overtime, or other wage requirements to some or all Colorado employers and employees. This exemption covers an employee working primarily away from the employers place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real estate, wares, merchandise, or services. Prior Wage Orders covered only four industries: Retail/Service, Food/Beverage, Health/Medical, and Commercial Support Service. The other major change in the COMPS Order is the introduction of a salary threshold under Colorado law for overtime exemptions. 8-4-101(5), (6). 1.4 Division means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment. As noted in a previous post, Colorado proposed a new wage order in 2019. 2.3.2 The Rule 2.3.1 exemption does not apply if an employer draws at least 50% of its annual dollar volume of business from sales to the consuming public (rather than for resale) of any services, commodities, articles, goods, wares, or merchandise.3, 3 Prior Orders for decades have covered any such employer, in any industry. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. Read more items tagged with the same topics US Jurisdictions Colorado Manage your tracked topics > INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36summarizes key parts and interpretations of COMPS Order #36.The Division'sStatement of Basis, Purpose, Authority, and Findingsoffers more detail on the nature, basis for, and findings underlying all changes. Tips include amounts designated as a tip by credit card customers on their charge slips. 1.11 Wages or compensation has the meaning provided by C.R.S. The employee must regularly exercise independent judgment and discretion in matters of significance, with a primary duty that is non-manual in nature and directly related to management policies or general business operations. The regular rate includes all compensation paid to an employee, including set hourly rates, shift differentials, minimum wage tip credits, non- discretionary bonuses, production bonuses, and commissions used for calculating hourly overtime rates for non-exempt employees. 8-1-108 ([G]eneral orders shall be effective after they are adopted by the director and posted; All orders of the division shall be in force and prima facie reasonable and lawful until found otherwise.); 8-1-111 (The director is vested with the power and jurisdiction to have such supervision of every employment and place of employment [to] determine the conditions under which the employees labor , to enforce all provisions of law relating thereto to administer all provisions of this article with respect to the relations between employer and employee and to do all other acts and things convenient and necessary to accomplish the purposes of this article.); 8-1-130 (The director has full power to hear and determine all questions within his jurisdiction, and his findings, award, and order issued thereon shall be final agency action.); 8-4-111 (It is the duty of the director to enforce generally the provisions of this article.); 8-6-102 (Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed.); 8-6-104 (It is unlawful to employ workers in any occupation for wages which are inadequate to supply the necessary cost of living and to maintain the health of the workers . 4.2 Effect of Daily Overtime on Workday and Workweek. Employers need not pay employees on an hourly basis. 8-4-105, are also permitted. e!Jw"Q{>4k^C:T-cu }bn+]1RhSUy:#9rUnAK>r#?Z4bH6erDG)HL#LmFu)~Q{?^{;hes~#0#0 ^BI:%R%ZW aUAWa UFfk,ysR73Nz_@BQ2]"EH_:B j6y=5Vh+[i\]J6*Q>/|ZyaKCB:_#JfeHYFV;4,Am$t}^|, X> New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. Every employer publishing or distributing to employees any handbook, manual, or written or posted policies shall include a copy of the COMPS Order, or a COMPS Order poster published by the Division, with any such handbook, manual, or policies. Register today to continue reading this article. (3) "Drawer" means a person who signs or is identified in a draft as a person ordering payment. Colorado: COMPS Order Acknowledgment Form; View/Print PDF Forms : Colorado: COMPS Order Acknowledgment Form . The Colorado Overtime & Minimum Pay Standards (COMPS Order) #36 has been adopted as a key source of wage rights and responsibilities that, unlike prior wage orders, now covers all private employers in all industries. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. Prior validations that are required in order to get another validation. XVIII, 15 (2020); Title 8, Articles 1, 4, and 6 of the Colorado Revised Statutes (2020); 7 CCR 1103-7 (2020); and 7 CCR 1103-8 (2020) are hereby incorporated by reference into this rule. not apply to the state or its agencies or entities, counties, cities and counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or districts organized and existing under the laws of Colorado.2 Foreign labor contractor and field labor contractor have the definitions in C.R.S. 8-4-103(6). "Time Worked" Includes Any Task Taking Over One Minute. """"""W{@. Most significantly, if an employee is not authorized and permitted to take a required rest period, COMPS Order 36 states that the employee is entitled to 10 minutes of additional pay. 1.9 Time worked means time during which an employee is performing labor or services for the benefit of an employer, including all time s/he is suffered or permitted to work, whether or not required to do so. On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order now called COMPS order #36 effective March 16, 2020. (1) Rule 2.2.7(F) exemption requires that field staff be paid either (a) the applicable Colorado minimum wage for all hours worked, or (b) a salary (i) equivalent to at least 42 hours per week at 90% of the Colorado minimum wage (with the 15% reduction that Rule 3.3 permits for unemancipated minors), (ii) reduced 25% for non-profit employers with annual total gross revenue of $25 million or less, and (iii) reduced $100 per week for lodging and meals, as illustrated below: (2) Seasonal in Rule 2.2.7(F) means a camp or program that either (a) does not operate for more than seven months in a year, or (b) during the preceding calendar year had average receipts for any six months of not more than one-third (13) of its average receipts for the other six months. Website of the new Order is the introduction of a salary, the employee shall be the. Extent practical, rest periods, to the extent practical, rest periods should fall in Colorado! 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