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. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. 1.5 Employee, as defined by C.R.S. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. Colorado Comps, LLC will issue an invoice to the User containing applicable charges for a subscription, service, or product that require such payment. Referred to as Colorado Overtime and Minimum Pay Standards (COMPS), these rules make significant and far-reaching changes to most parts of Colorado's compensation laws, including overtime pay, rest periods, and travel compensation. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. 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,. Tips include amounts designated as a tip by credit card customers on their charge slips. Were ready for your tomorrow because were built for it. It also required that . 8-4-101(14). Overtime 85 8-3. 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. Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. providing food and beverage services at on-mountain locations, are exempt from (within Rule 4) the 40-hour overtime requirement but not the requirement of overtime pay for over 12 hours that are consecutive or are within a workday. Colorado Division of Labor Standards and Statistics| 303-318-8441 | Contact Us, Unemployment Rate - December 2022 The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. Rule 8 Administration and Interpretation. Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics new Colorado Overtime and Minimum Pay Standards Order Number 36 (COMPS Order 36). CO Agency Disclosure - Seller. 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. 2.2.6 Interstate transportation workers and taxi cab drivers. Colorado: 3.3% 2.5 Salary Thresholds for Certain Exemptions. a notary may perform a copy certification of records obtained from which office. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. 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. 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 . endobj Employers shall not threaten, coerce, or discriminate against any person for the purpose of reprisal, interference, or obstruction as to any actual or anticipated investigation, hearing, complaint, or other process or proceeding relating to a wage claim, right, or rule. 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. Previously, only a handful of industries were required to provide meals and breaks to their employees. (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. COMPS Order 36 has adopted these broadened definitions. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 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. 655.210, 655.1304). It is unlawful to employ workers in any occupation under conditions of labor detrimental to their health or morals.); 8-6-105 (It is the duty of the director to inquire into the wages paid to employees and into the conditions of labor in any occupation if the director has reason to believe conditions of labor are detrimental to the health or morals of said employees or that the wages paid to a substantial number of employees are inadequate to supply the necessary cost of living and tomaintain such employees in health.); 8-6-106 (The director shall determine the minimum wages sufficient for living wages ; standards of conditions of labor and hours not detrimental to health or morals for workers; and what are unreasonably long hours.); 8-6-108 ([F]or the purpose of investigating any of the matters [s/]he is authorized to investigate by this article [t]he director has power to make reasonable and proper rules and procedure and to enforce said rules and procedure.); 8-6-109 (If after investigation the director is of the opinion that the conditions of employment surrounding said employees are detrimental to the health or morals or that a substantial number of workers in any occupation are receiving wages inadequate to supply the necessary costs of living and to maintain the workers in health, the director shall proceed to establish minimum wage rates.); 8-6-111 (Overtime, at a rate of one and one-half times the regular rate of pay, may be permitted by the director under conditions and rules and for increased minimum wages which the director. Record-Keeping, Wage Statement, and Posting Requirements. 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. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. (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. For new hires, distribution must be made within the first month of employment. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. 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. The COMPS order has left many unanswered questions. 201 et seq. Employees identified under Rule 2.2 are exempt from COMPS Order 36, except for Rule 1 (Authority and Definitions), Rule 2 (Coverage and Exemptions), and Rule 8 (Administration and Interpretation).
This list may not be complete. This exemption covers a full-time employee actively engaged in management of the employer who either: (A) owns at least a bona fide 20% equity interest in the employer; or. 8.3 Investigations. The Rule 2.5.1 salaries do not apply to the following professionals who are exempt from the requirement of a salary under federal wage law. Employers with any employees with limited English language ability shall: (A) use a Spanish-language version of the COMPS Order and poster published by the Division, if the employee(s) in question speak Spanish; or. The COMPS Order is issued under the authority of, and as enforcement of, Colorado Revised Statutes (C.R.S.) Title 8, Articles 1, 4, and 6 (2020), and is intended to be consistent with the requirements of the State Administrative Procedures Act, C.R.S. 1.8.1 Pay included in regular rate. Already an XpertHR user? Section 8 - Colorado Addendum 84 8-1. Telecommunication 47 CFR Section 1.2204. 2.2.10 Employees in highly technical computer-related occupations. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. Employers must post a COMPS Order 36 poster, distribute it to employees, and obtain employees signed acknowledgement of receipt. 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. 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. Adopted on January 22, 2020. Littler Lightbulb: Whats New in Colorado? 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. 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. Previous Wage Orders provided that employees must be paid time and one-half the regular rate of pay for overtime work (defined in Colorado as work in excess of 40 hour workweeks or 12 hours in a given day), unless the . While COMPS Order 36 does not change the requirements under Colorado law with respect to meal and rest periods, it provides clarification on a number issues where there was previously confusion. 4.1.5 In calculating when 12 consecutive hours are worked for purposes of the Rule 4.1.1 requirement of overtime after 12 hours, meal periods may be subtracted, but only if the meal periods comply with the Rule 5.1 requirements for meal periods. %PDF-1.4 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). Where an uninterrupted or off-duty meal period is impractical, such as when an employee is single-staffed and required to monitor the phones during their meal period, the employee must be permitted to consume an on-duty meal while performing duties. (5) "Maker" means a person who signs or is identified in a note as a . Title 8, Articles 1, 4, and 6. 8-4-110(1)) and Division complaints for any violation (C.R.S. In addition, COMPS Order 36 adds an owners exemption, which mirrors federal law and provides that full-time employees who manage a business and have at least 20% bona fide equity interest in the business do not need to receive a salary to be exempt from the Order. Notably, the July 1, 2020 salary threshold is the same threshold that already went into place on January 1, 2020 under the FLSA, so most Colorado employers will not need to make any salary adjustments until January 1, 2021. For federal workplace posters, contact the U.S. Department of Labor. 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. COMPS Order #36 took effect March 16, 2020, with three narrow modifications based on developments since the original January adoption of COMPS Order #36, yielding the current version of COMPS posted above. Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. Effective March 16, 2020, employers must display a COMPS Poster (Poster) in a place where employees may easily read it during the workday, or if a physical posting is impractical, the employer must provide a copy of COMPS Order 36 or Poster to each employee. 8.8 Separability. 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. 2. In addition, a signed acknowledgment of the new order is required. (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 Thus, for the first time on March 16, 2020, a vast swath of private sector employers will be subject to Colorados overtime, meal and rest break, travel time, and exemption rules that previously were limited to four discrete industries. 8-4-101, et seq. COMPS Order36 sets forth detailed criteria for each of these exemptions. 2.2.3 Professional employees. 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. 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 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. <> stream The Colorado minimum wage is set forth in the state constitution, and for 2020 is $12.00 per hour, or $8.98 per hour for tipped employees. Copyright 2023 LexisNexis Risk Solutions Group. 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. Business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from regular rates. 2.2 Exemption from all except Rules 1, 2, and 8. Log in
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