8-4-101, et seq. If any part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the remainder of the COMPS Order remains valid, and (B) if the provision is held not wholly invalid, but merely in need of narrowing, the provision should be retained in narrowed form. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). Log in 1.3 Director means the Director of the Division of Labor Standards and Statistics. Having knowledgeable resources and teams to help guide you through this will be of utmost importance. The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. 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. 8-4-101(6), has the same meaning as in the federal Fair Labor Standards Act at 29 U.S.C. 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. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. 18-4-401) if an employer or agent: (A) willfully refuses to pay wages or compensation, or falsely denies the amount of a wage claim, or the validity thereof, or that the same is due, with intent to secure for himself, herself, or another person any discount upon such indebtedness or any underpayment of such indebtedness or with intent to annoy, harass, oppress, hinder, coerce, delay, or defraud the person to whom such indebtedness is due (C.R.S. Rule 8 Administration and Interpretation. Most provisions become effective March 16, 2020, with the exception of the increased salary thresholds, which begin on July 1, 2020. 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. On January 22, 2020, the Colorado Department of Labor adopted the final Colorado Overtime and Minimum Pay Standards Order #36 ("COMPS Order"), which makes significant changes for both exempt and non-exempt employees. . The COMPS Order is a comprehensive regulatory change to Colorado minimum wage, overtime, and working condition rules, and imposes significant new obligations and restrictions on employers. Although employers must understand and adapt to all aspects of the new legal framework brought about by the Colorado Department of Labor and Employment's new Colorado Overtime and Minimum Pay Standards Order #36 (COMPS Order), you should ensure you pay attention to the COMPS Order's significant new posting, distribution, and translation Every employer that requires employees to sign any handbook, manual, or policy shall, at the same time or promptly thereafter, include a copy of the COMPS Order, or a COMPS Order poster published by the Division, and have the employee sign an acknowledgement of being provided the COMPS Order or the COMPS Order poster. Such incorporation excludes later amendments to or editions of the constitution, statutes, and rules; all cited laws are incorporated in the forms that are in effect as of the effective date of this COMPS Order. COMPS Order 36 provides two narrow exceptions from the requirement that employers provide 10-minute, off-duty rest periods for every four hours worked. If a local government has enacted a higher minimum wage a practice that has surged due to recent legislation in Colorado work covered by the local minimum wage ordinance must be paid at that higher wage. If you have any questions about this article, you can contact Michael by, Fill Out the Form Below for a Free Case Review to See If You Have a Claim. 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> In response [] 8-4-101(7), (8.5). Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. 7.4.2 Distribution. 2.4.1 Certain Salespersons and Mechanics. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. 2.4.5 Eight and Eighty Rule. If an employer requires employees to sign any handbook, manual, or policy, it must also have employees sign an acknowledgment of being provided the COMPS Order or the COMPS Order poster. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. 7.4.3 Translation. This Order. The COMPS Order regulates wages, hours, working conditions, and procedures for all employers and employees for work performed within Colorado, with the exceptions and exemptions contained within Rule 2. Employers must post the new Colorado COMPS Poster to inform employees of their rights. The workday is set by the employer and may accommodate flexible shift scheduling. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . 201, 3.2 Minimum and Overtime Wage Requirements of Other Applicable Jurisdictions. 5.2.4 When an employee is not authorized and permitted a required 10-minute rest period, his or her shift is effectively extended by 10 minutes without compensation. 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. View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. Background information and additional resources on the COMPS Order: In a rulemaking effort that began in summer 2019, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment replaced theannually issuedMinimum Wage Orderwith Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36. clocking or checking in or out, or waiting for any of the preceding shall be considered time worked that must be compensated. COMPS Order 36 specifically sets forth the circumstances under which Colorado employers may use the fluctuating workweek method of calculating overtime, under which the regular rate of pay is calculated based on all hours worked in the week and overtime is paid at 0.5 times the regular rate. (A) A weekly salary or other non-hourly pay may be paid as straight time pay for all work hours, and the regular rate each workweek will be the total paid divided by hours worked, if the parties have a clear mutual understanding that the salary is: (1) compensation (apart from any overtime premium) for all hours each workweek; (2) at least the applicable minimum wage for all hours in workweeks with the greatest hours; (3) supplemented by extra pay for all overtime hours (in addition to the salary that covers the regular rate) of an extra 12 of the regular rate; and. Employers may be required by law to post certain posters. uestions arising with respect to the administration and interpretation of the COMPS Order. Billing/Credit Card Authorization. 2023 The Lore Law Firm | Attorney Advertisement |, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36, Website Design by Omnizant - View site in new window. As noted in a previous post, Colorado proposed a new wage order in 2019. Where an employees shift is 24 hours or longer, up to 8 hours of sleeping time may be excluded from overtime compensation, if: (A) an express agreement excluding sleeping time exists; (B) adequate sleeping facilities for an uninterrupted nights sleep are provided; (C) at least 5 hours of sleep are possible during the scheduled sleep period; and. 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 . On January 22, 2020, the Colorado Department of Labor adopted the Colorado Overtime and Minimum Pay Standards Order #36 ("COMPS Order"), with most of its provisions becoming effective on March 16, 2020. Section 8 - Colorado Addendum 84 8-1. The COMPS Order, like the prior issued wage orders, is the source of critical Colorado wage rights and responsibilities beyond those provided by federal law: eligibility for the Colorado minimum wage, overtime pay for work past 40 hours per week and 12 hours per day, meal and rest breaks, and other employee and employer rights 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. The COMPS Order, like the prior issued wage orders, is the source of critical Colorado wage rights and responsibilities beyond those provided by federal law: eligibility for the Colorado minimum wage, overtime pay for work past 40 hours per week and 12 hours per day, meal and rest breaks, and other employee and employer rights and responsibilities, such as what wage deductions are permissible, how hourly rates are calculated from non-hourly pay for overtime, and posting the Order's provisions to employees for ease of access. 1.1 Authority and relation to prior orders. Employees in category (i) or (ii) must receive: (1) rest periods that average, over the workday, at least 10 minutes per 4 hours worked; and. Read more items tagged with the same topics US Jurisdictions Colorado Manage your tracked topics > This field is for validation purposes and should be left unchanged. 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. 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. COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, Division of Labor Standards and Statistics, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #367 CCR 1103-1 (2020). COMPS Order Adopted On January 22, 2020, the Colorado Department of Labor and Employment (CDLE) adopted its "COMPS" Order, which replaces what has previously been known as the Colorado. 6.3.1 Where wearing a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel, with the following exceptions: (A) if the uniform furnished by the employer is plain and washable, and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning; and. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. The new minimum salary thresholds will be phased in over 4 1/2 years. On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order now called COMPS order #36 effective March 16, 2020. (A) Liberal construction of COMPS, narrow construction of exceptions/ exemptions. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. Bank Owned. the Administrative Procedure Act, C.R.S. Moreover, employers with any employees with limited English language ability are required to either post a Spanish-language version of COMPS Order 36 and Poster or contact the Division to request that the Division provide a copy of COMPS Order 36 and Poster in another language. This exemption covers the below-listed in-residence employees. Nothing in this rule prevents an employer from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees who customarily and regularly receive tips. Please note that the form is currently not optimised for mobile devices. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, who directly serves the executive, and regularly performs duties important to the decision-making process of the executive. Similarly, the minimum salary threshold for exemptions requiring a salary (such as for administrative, executive, and professional employees) will increase to $778.85 per week ($40,500.20 per year). As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. Access to the Employee Handbooks product requires a subscription. Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! 201 et seq.). Rule 2 of COMPS Order 36 provides for exemptions from the Order, or portions of the Order, based on specific criteria. E.g., Order #35, Rule 2(A) (covering any employer that sells or offers for sale, any service, commodity, article, good, wares, or merchandise to the consuming public and draws 50% or more of its annual dollar volume from such sales, rather than from sales to other businesses for resale.). Following is the appropriate contact information to communicate with us about the COMPS Order: Employer or employee questions on substance of COMPS rules: , 633 17th Street, Denver, CO 80202.The hearing was transcribed, and a draft of the, , in addition to all the comments received, and the. The Director or a designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage and other provisions of the COMPS Order, pursuant to these rules and C.R.S. 2.1 Scope of coverage. 8-4-101, et seq. While Rule 7.2 appears to require that this information be provided to each employee each pay period, informal guidance from the Division indicates that the Division intended to ensure that this information be available to employees and the Division itself only upon request during an investigation, not included on pay stubs. 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. There are narrow exceptions for qualifying doctors, teachers, lawyers, and employees in highly technical computer-related occupations. Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . Similarly, the minimum salary threshold for exemptions requiring a salary (such as for administrative, executive, and professional employees) will increase to $778.85 per week ($40,500.20 per year). Please reach out to us at firstcall@corestaurant.org 80/20 Rule Resources Side Work Policy Acknowledgement Page Effective January 1, 2020, under the minimum wage requirements of Article XVIII, Section 15, of the Colorado Constitution, all employees (with the exceptions detailed in Rule 3.3), whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than $12.00 per hour, less any applicable lawful credits or exceptions noted, for all hours worked, if the employee is covered by either: (A) Rule 2 (Coverage and Exemptions) of the COMPS Order; or, (B) the minimum wage provisions of the federal Fair Labor Standards Act (29 U.S.C. Stat. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. Telecommunication 47 CFR Section 1.2204. According to the CDLE, the COMPS Order is the source of key wage rights and responsibilities, including eligibility for minimum wage; overtime pay for work over 40 hours a week or 12 hours a day; meal and rest breaks; rules on wage deductions; and rules on what work time must be paid. Therefore, employers must authorize or permit 10-minute, off-duty rest periods for every four hours of work, in accordance with the following chart: Rest periods are required to be compensated. 655.210, 655.1304). As previously discussed, Colorado officially adopted the Colorado Overtime and Minimum Pay Standards Order # 36 ("COMPS Order") on January 22, 2020, which went into effect on March 16, 2020. As such, for employees paid near the minimum salary level who work a high number of hours, it may be necessary to pay additional compensation in workweeks where the employee works a great number of hours. (C) Minimum Wage Order references. In addition, a signed acknowledgment of the new order is required. On July 1, 2020, the annualized salary for exempt employees will be set at $35,568 (equal to the federal exemption salary under the FLSA). L1gUskihs0Y)V"WD\ u[|L9,iaa"2ih:` N\,#MJ"'a: Qe]V7STVA'"SJf0i}V[, .B&tyVwEzE~@Os7]I l*uKQfn ,YNh LPm_5!wt (m7,._^J{E2[X|5~RDm!o-lsIl4-Ftey0fW,4"""""2Ma2romE`ih6R}V`RnRWW1d&V ?GF.e{H([/N/peS,|}F|D. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. 1.7 Minor, for purposes of wage provisions specific to minors, means a person under 18 years of age, but not one who has received a high school diploma or a passing score on the general educational development examination. While there is substantial overlap between these exemptions and those available under the FLSA, there are also some key differences. 4.2 Effect of Daily Overtime on Workday and Workweek. However, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment ("the Division") has recently implemented temporary emergency modifications to the COMPS . For individuals covered under COMPS Order #38, the following rules apply. 4.1.4 Performance of work in two or more positions, at different pay rates, for the same employer, shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the federal Fair Labor Standards Act. (A) Doctors, lawyers, and teachers who qualify as exempt Rule 2.2.3 professional employees need not receive any particular salary or hourly pay to be exempt. 8-12-105. <> stream Employee acceptance of a meal must be voluntary and uncoerced. Employers must post a COMPS Order 36 poster, distribute it to employees, and obtain employees signed acknowledgement of receipt. 4.1.3 Hours worked in two or more workweeks shall not be averaged for computing overtime. There is no minimum size of a wage claim, and thus no claim too minimal (de minimis) for recovery, because Article 4 requires paying [a]ll wages or compensation (C.R.S. It adds an exemption for the highest-ranked and highest paid employee of a non-profit, as long as that person is paid within the minimum salary threshold discussed below. 4 Annual equivalents are based on 2080 hours over 52 weeks of 40 hours, as under the federal Fair Labor Standards Act, and are rounded to the nearest dollar. 15 0 obj See Appendix A for citations. 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. 2.2.7 In-residence workers. 6.3.2 The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from an employees wages. The materials and information included in the XpertHR service are provided for reference purposes only. %PDF-1.4 (4) paid for whatever hours the employee works in a workweek. Under Rules 7.1 and 7.3, employers are required to maintain records of an employees (a) name, address, occupation, and date of hire; (b) date of birth, if the employee is under 18 years of age; (c) daily record of all hours worked; (d) record of credits claimed and of tips; and (e) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. Portions of the COMPS Order have been amended annually, to adjust the minimum wage for inflation as the Colorado Constitution requires, and to adjust similar wage figures. For information on federal law, contact the U.S. Department of Labor, Wage and Hour Division. Every employer subject to the COMPS Order must display a COMPS Order poster published by the Division in an area frequented by employees where it may be easily read during the workday. Because a rest period requires 10 minutes of pay without work being performed, work during a rest period is additional work for which additional pay is not provided. On the March 16, 2020 effective date, the Colorado Department of Labor and Employment Division of Labor Standards and Statistics ("Division") adopted three temporary changes to the Order, as well as a one-month compliance grace period. 8-4-121, 8-6-118. 2.2.10 Employees in highly technical computer-related occupations. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. Paid Sick Leave 88 Section 9 - District of Columbia Addendum 93 . However . The language closely tracks the applicable FLSA regulation and provides that Colorado employers may use the fluctuating workweek method only where the parties have a clear mutual understanding that this method will be used. Print. They can be accessed electronically from the website of the Colorado Secretary of State. 8-4-111(1)(a)). Employers need not pay employees on an hourly basis. Read the code on FindLaw 6.2.3 Tip Credit. (B) taxi cab drivers employed by a taxi service provider licensed by a state or local government. 5 0 obj (A) Availability of court action or Division administrative complaint. 1u5h.JU}6e! $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 Under COMPS Order #38, the highly compensated employee exemption applies to employees (1) who are paid on a salary basis of at least $101,250 annually and at least $865.38 per week; (2) who customarily and regularly perform any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee; and (3) 8.3 Investigations. The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. Rule 1.8 of COMPS Order 36 sets forth which items are included in the calculation of an employees regular rate of pay, as well as how to calculate the regular rate for those employees who are paid a weekly salary or on some other non-hourly basis. 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. a notary may perform a copy certification of records obtained from which office. COMPS Order #37 In November 2020, the CDLE published COMPS Order #37, which goes into effect on January 1, 2021. Pay stubs still must comply with the Colorado Wage Acts required pay statement elements, however, including: (a) gross wages earned; (b) all withholdings and deductions; (c)net wages earned; (d) inclusive dates of the pay period; (e) name of the employee or the employees Social Security number; and (f) name and address of the employer. <> All sources cited or incorporated by reference are available for public inspection at the Colorado Department of Labor and Employment, Division of Labor Standards & Statistics, 633 17th Street, Suite 600, Denver CO 80202. A lodging credit for housing furnished by the employer and used by the employee may be considered part of the minimum wage if it is: (A) no greater than the smaller of (1) the reasonable and actual cost to the employer of providing the housing, (2) the fair market value of the housing, or (3) $25 per week for a room (in a shared residence, dormitory, or hotel) or $100 per week for a private residence (an apartment or a house); (B) accepted voluntarily and without coercion, and primarily for the benefit COMPS Order 36 deviates in important ways from the federal Fair Labor Standards Act (FLSA), including by defining any tasks taking over one minute as time worked, eliminating any de minimis exception, and requiring workers to actually cross state lines to be engaged in interstate commerce. Adopted on January 22, 2020. 4.1.2 Whichever of the three calculations in Rule 4.1.1 results in the greater payment of wages shall apply in any particular situation. 2.5.2 Exemption for Certain Professionals Exempt from the Salary Requirement under Federal Wage Law. The COMPS order has left many unanswered questions. Employers need not pay employees on an hourly basis partial Overtime exemption does not apply to administration., contact the U.S. Department of Labor, wage and Hour Division, the... Employees wages excluded, up to a maximum of 8 hours per workday utmost importance under... It shall be liberally construed, CO, 81019, USA for free a State or local government workweeks not... 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