Denver, CO 80202-3660 The Colorado Department of Labor and Employment (CDLE) has adopted the Colorado Overtime and Minimum Pay Standards (COMPS) Order #38 and new Wage Protection Rules as well as the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order, which became effective January 1, 2022. 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. On a go-forward basis, employees should be required to acknowledge COMPS Order 36 or the Poster (which may be part of the handbook) at hire. According to the Department, 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 noted in a previous post, Colorado proposed a new wage order in 2019. 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. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . 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. Whenever employers are subjected to Colorado law as well as federal and/or local law, the law providing greater protection or setting the higher standard shall apply. Deductions, Credits, and Charges. COMPS Order 36 applies to virtually all private employers in Colorado and overhauls wage and pay regulations, including overtime, meal and rest breaks, exemption tests, and numerous other areas. 8.8 Separability. (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. Log in. 2.2.5 Owners or proprietors. 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. (C) travel in employer-mandated transportation (1) that materially prolongs commute time or (2) in which employees are subjected to heightened physical risk compared to an ordinary commute. The Fair Labor Standards Act, 29 U.S.C. 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,. Part 541 Subpart G, apply, except that under the COMPS Order, the salary must be at least the level listed below and sufficient for the minimum wage for all hours in a workweek (with the exception of certain professionals listed in Rule 2.5.2). 15 0 obj The new minimum salary thresholds will be phased in over 4 1/2 years. 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). 36 poster, which appears on the division's COMPS Order No. 5.2 Rest Periods. 2.4.2 Commission Sales. 2.4.1 Certain Salespersons and Mechanics. 2. 36 informational page, outlines critical wage rights and responsibilities that are to take effect March 16, including minimum-wage eligibility, overtime pay for work in excess of 40 hours in a week or 12 hours in a day . The effective date of COMPS Order # 36 is March 16, 2020. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. (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. Employers are required to authorize or permit rest periods but are not required to ensure they are taken. Sales employees of retail or service industries paid on a commission basis, provided that at least 50% of their total earnings in the pay period is derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage, are exempt from Rule 4 (Overtime). Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. 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. Subject to the specific requirements set forth in COMPS Order 36, agricultural jobs are exempt from the Orders overtime and meal period rules. Additionally, COMPs Order #36 set Colorado's minimum wage at $12 per hour. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. Learn More or Request a Demo. For individuals covered under COMPS Order #38, the following rules apply. 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. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 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. Please reach out to us at [email protected] 80/20 Rule Resources Side Work Policy Acknowledgement Page 201 et seq.) Distribution: The CDLE requires, in its Rule 7.4.2 of 7 CCR 1103-1, that the most current COMPS Order poster (currently 38)also be distributed to employees "with any" handbook, manual or other policies, if and when an employer publishes or distributes any handbook, manual or policies. The Division shall have jurisdiction over all q Employers may be required by law to post certain posters. Please review the Colorado laws and download any applicable posters. New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. Colorado Enacts New Wage Protection Rules The Colorado Department of Labor and Employment recently published final rules on overtime and minimum pay and other wage and hour protections for. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. 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. (C) Minimum Wage Order references. 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. endobj 2.2 Exemption from all except Rules 1, 2, and 8. (B) clothing that is ordinary, plain, and washable that is prescribed as a uniform need not be furnished by the employer unless a special color, make, pattern, logo, or material is required. <> The COMPS order has left many unanswered questions. Rule 7 of COMPS Order 36 includes extensive requirements for employers with respect to record-keeping, wage statements, and posting and distribution of COMPS Order 36. 3 0 obj 1.1 Authority and relation to prior orders. Copies may be obtained from the Division of Labor Standards & Statistics at a reasonable charge. COMPS Order 36 defines compensable time worked as all time performing labor or services for an employers benefit, including all time employees are suffered or permitted to work, whether or not required. <> As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. 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). Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! 1u5h.JU}6e! 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. (2) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications, or. uestions arising with respect to the administration and interpretation of the COMPS Order. Read more items tagged with the same topics US Jurisdictions Colorado Manage your tracked topics > 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. 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. The requirement to pay overtime for work in excess of 12 consecutive hours will not alter the employees established workday or workweek, as previously defined. Billing/Credit Card Authorization. 8-12-105. 5.1 Meal Periods. 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. 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. 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. endobj Under the C.R.S. Simply choose your state, look for a form, and download a state-specific template. This Order. For information on federal law, contact the U.S. Department of Labor, Wage and Hour Division. 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. In addition, COMPS Order 36 clarifies that at the start or end of the workday, travel to or from a work station, entirely within the employers premises and/or with employer-provided transportation is not time worked unless it: (a) otherwise falls under the definition of time worked discussed above; (b) is after compensable time starts or before compensable time ends; or (c) is travel in employer-mandated transportation, which materially prolongs commute time or subjects employees to heightened physical risk compared to an ordinary commute. 8-4-101(14). It also required that . (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. Under the FLSA, courts have held that employers do not have to pay employees for insignificant and infrequent periods of time of up to a few minutes (the de minimis exception). 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). This exemption covers an employee paid a salary, or hourly compensation, in accord with Rule 2.5, who: (A) is a skilled worker employed as a computer systems analyst, computer programmer, software engineer, or other similarly highly technical computer employee; (B) who has knowledge of an advanced type, customarily acquired by a prolonged course of specialized formal or informal study; and, (C) spends a minimum of 50% of the workweek in any combination of the following duties . It is not necessary that the employee leave the premises for a rest period. Exemptions from COMPS Order 36 and Increased Salary Thresholds. 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. On March 16, 2020, Colorado Overtime & Minimum Pay Standards Order (COMPS Order) goes into effect defining the wage and hour rights of every employee and every private employer operating in the state, regardless of industry. Critically, interstate transportation workers (many of whom would qualify for exemption from the FLSA under the Motor Carrier Act exemption) are required to actually cross state lines, as opposed to merely transporting goods in the chain of interstate commerce, to be engaged in interstate commerce. 19-1267, effective January 1, 2020. 1.9.1 Requiring or permitting employees to be on the employers premises, on duty, or at a prescribed workplace (but not merely permitting an employee completely relieved from duty to arrive or remain on-premises) including but not limited to, if such tasks take over one minute, putting on or removing required work clothes or gear (but not a uniform worn outside work as well), receiving or sharing work-related information, security or safety screening, remaining at the place of employment awaiting a decision on job assignment or when to begin w 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 . 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