1.4 Division means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment. 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. It is important to understand these requirements, as immediate action is required for compliance. 5 This salary requirement of minimum wage for all hours work applied under Minimum Wage Order #35 (2019) and prior Minimum Wage Orders. $13.65 / Hour Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . (D) Laundry workers who (a) are inmates, patients, or residents of charitable institutions, and (b) perform laundry services, (c) in institutions where they reside. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Colorado Overtime and Minimum Pay Standards Order Number 36. The Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") is the source of key wage rights and responsibilities: eligibility for the Colorado minimum wage; overtime pay for work over 40 hours a week or 12 a day; meal and rest breaks; and rules on wage deductions, on what work time must be paid, and on posting the COMPS Order to employees. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. 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 . <> The proposed COMPS Order clarifies that, "to the extent practical," rest periods shall be provided in the middle of each four-hour work period. 6.1 Tips or Gratuities. To the extent practical, rest periods should fall in the middle of each four-hour work period. 8.2 Complaints. (C) Student residence workers working in premises where they reside for sororities, fraternities, college clubs, or dormitories. Prior validations that are required in order to get another validation. It shall be unlawful for an employer to assert a claim to, right of ownership in, or control over tips or gratuities intended for employees in violation of the Colorado Wage Act, including C.R.S. The professional employee must be employed in the field in which s/he was trained. COMPS Order #37 In November 2020, the CDLE published COMPS Order #37, which goes into effect on January 1, 2021. Prior Wage Orders covered only four industries: Retail/Service, Food/Beverage, Health/Medical, and Commercial Support Service. (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 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. (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. 4.2 Effect of Daily Overtime on Workday and Workweek. The Division adopted the new Colorado Overtime and Minimum Pay Standards Order (the "COMPS Order"), which becomes effective on March 16, 2020; instead of just updating the Colorado Minimum Wage Order (the "Wage Order") to have the increased minimum wage for 2020, as it had done in past years. Telecommunication 47 CFR Section 1.2204. The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. as either: (A) enrolled students receiving credit for an unpaid work-study program or internship; or (B) bona fide volunteers for non-profit organizations. COMPS Order 36 also clarifies the meal credit requirement. If adopted for 2022, the Wage Protection Rules would significantly expand the definition of "vacation pay" under Colorado law and affect how employers make certain . 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. C.R.S. National: 3.5%, Colorado Job Growth (SA) See C.R.S. Additional deductions set forth in Rule 6 of COMPS Order 36, including for uniforms, or in Colorados wage deductions statute, Colo. Rev. (F) Field staff of seasonal camps or seasonal outdoor education programs who primarily provide supervision or education of minors, or education of adults; are required to reside on-premises; are provided adequate lodging and all meals free of charge and without deduction from wages; and as of January 1, 2021, are paid the amount required by subpart (1) below (with no minimum pay required before January 1, 2021). 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 2.1 Scope of coverage. 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. It is theft under the Criminal Code (C.R.S. An employee receiving less than the full wages or other compensation owed is entitled to recover in a civil action the unpaid balance of the full amount owed, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage, pursuant to C.R.S. Subject to the specific requirements set forth in COMPS Order 36, agricultural jobs are exempt from the Orders overtime and meal period rules. 8.5 Reprisals. 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. Higher education is exemptfrom these state mandated furloughs. "Time Worked" Includes Any Task Taking Over One Minute. Unlike with meal periods, employers need not permit employees to leave the premises for their rest periods. New York and New Jersey Join Growing Ranks of States Penalizing Call Center Relocation, Thinking It Through: Wage and Hour Implications of Employer Responses to the Coronavirus, WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February Edition), Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related, The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020. View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. 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. (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. References to the Colorado Minimum Wage Order shall be deemed to reference the COMPS Order, as the successor to the Colorado Minimum Wage Order. (D) interruptions to perform duties are considered time worked. """"""W{@. 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. These thresholds must be met to qualify under the administrative, executive/supervisor, and professional (with some exceptions) exemptions, as follows: Thereafter, the salary requirement will be adjusted based on the same Consumer Price Index (CPI) as the Colorado minimum wage. The public hearing on COMPS Order #36 was held on Monday, December 16, 2019 at 3:00 pmat theColorado Division of Labor Standards and Statistics, 12th Floor Conference Room, 633 17th Street, Denver, CO 80202.The hearing was transcribed, and a draft of thetranscript is publicly available, in addition to all the comments received, and the transcript of the Division's pre-rulemaking public meeting which took place on August 28, 2019. Meal Periods Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds five consecutive hours of work. 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. We will be carefully monitoring the states interpretation and enforcement of these new legal requirements leading up to the effective date of COMPS Order 36 on March 16, 2020 and thereafter. after investigation, determines and prescribes by order and which shall apply equally to all employers in such industry or occupation.); 8-6-116 (The minimum wages fixed by the director, as provided in this article, shall be the minimum wages paid to the employees, and the payment of a wage less than the minimum is unlawful); 8-6-117 (In every prosecution of this article, the minimum wage established by the director shall be prima facie presumed to be reasonable and lawful and the wage required to be paid. However, these entities must comply beginning January 1, 2021. Check your email to confirm your account in order to place an offer. 5.2.2 Rest periods, to the extent practical, shall be in the middle of each 4-hour work period. As noted in the previous post, COMPS order #36 is radical overhaul of Colorado's prior wage orders. November 30, 2020 Early this year, COMPS Order #36 made substantial changes in Colorado wage law. 8-4-110(1)) and Division complaints for any violation (C.R.S. This acknowledgment should be included when issuing or updating a handbook, but employers aren't required to reissue the handbook merely to update the COMPS . 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. Second, if the employees work is agricultural, qualified Medicaid-funded home care, or subject to a collective bargaining agreement, then rest periods can be five minutes in a four-hour period, so long as the employees rest periods average 10 minutes per four hours over the course of the workday. Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows: 5.2.1 Rest periods shall be 10 minutes unless, (A) on a given workday, or in a writing covering up to a one-year period that is signed by both parties, the employee and the employer agree, voluntarily and without coercion, to have two 5-minute breaks, as long as 5 minutes is sufficient, in the work setting, to allow the employee to go back and forth to a bathroom or other location where a bona fide break would be taken; or. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) Colorado COMPS Order 38 Resources Colorado Break Acknowledgement Page Colorado Timeclock Acknowledgement Page Our partners at Fisher & Phillips LLP offer a discounted employee handbook template for CRA members. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. 201, 3.2 Minimum and Overtime Wage Requirements of Other Applicable Jurisdictions. Acknowledgement of Receipt of Colorado COMPS Order #38 Poster Discussion of Wages Lactation Accommodation Meal and Rest Breaks Overtime Safety and Security Cell Phone Use/Texting While Driving Smoke-Free Workplace Was this article helpful? 1u5h.JU}6e! or convenience of the employee, rather than of the employer; and. 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. (B) Where the requirements of (1)-(4) are not carried out, there is not the required clear mutual understanding that the non-hourly pay provides the regular rate for all hours with extra pay added for overtime hours. 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. 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. 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. The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. Employees of the medical transportation industry who work 24- hour shifts are exempt from the Rule 4.1.1(B)-(C) daily (12-hour) overtime rules if they receive the required Rule 4.1.1(A) weekly (40-hour) overtime pay. While not nearly as dramatic, COMPS Order #37, which becomes effective January 1, 2021, does include some important changes. When the nature of the business activity or other circumstances make an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties. And, effective January 1, 2021, COMPS Order36 establishes minimum salary thresholds higher than those under the FLSA that employees must earn in addition to meeting the applicable duties test to be exempt from overtime requirements. 1.1 Authority and relation to prior orders. (A) Casual babysitters employed in private residences directly by households, or directly by family members of the individual(s) receiving care from the babysitter. 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. In addition, a signed acknowledgment of the new order is required. 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. 7.4.2 Distribution. 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. Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! When it goes into effect, COMPS Order #37 will replace COMPS Order #36, although the sweeping changes implemented by COMPS Order #36 as discussed above carry through in COMPS Order #37. Adopted on January 22, 2020. 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. Under COMPS Order 36, employers are no longer allowed to require a security deposit for a required uniform. 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 Additionally, COMPS Order 36 allows employers to take a credit towards minimum wage in several narrowly defined circumstances, including through a lodging credit, meal credit, or tip credit. For federal workplace posters, contact the U.S. Department of Labor. Exemptions from COMPS Order 36 and Increased Salary Thresholds. 203 (d), and includes a foreign labor contractor and a migratory field labor contractor or crew leader; except that the provisions of the COMPS Order do. %PDF-1.4 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. . 6.2.3 Tip Credit. 2.2.3 Professional employees. This article summarizes the key changes. While there is substantial overlap between these exemptions and those available under the FLSA, there are also some key differences. 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. Employers need not pay employees on an hourly basis. COMPS Order 36 replaces prior Minimum Wage Orders, which covered only four industries, and expands Colorado overtime, meal and rest break, and travel time requirements, as well as exemption tests, among other rules, to virtually all private employers in the state. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. 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. 4.1.3 Hours worked in two or more workweeks shall not be averaged for computing overtime. Log in. 2.5 Salary Thresholds for Certain Exemptions. 5.2 Rest Periods. If the work site or other conditions make a physical posting impractical (including private residences employing only one worker, and certain entirely outdoor work sites lacking an indoor area), the employer shall provide a copy of the COMPS Order or poster to each employee within his or her first month of employment, and shall make it available to employees upon request. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. 2.4.5 Eight and Eighty Rule. 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. 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. 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. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. The Colorado Overtime and Minimum Pay Standards (COMPS) Order No. 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. 1.2 Incorporation by reference. Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! 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. 11681 E COLORADO DR. Aurora, CO 80012. 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. Littler Lightbulb: Whats New in Colorado? 3.1 Statewide Minimum Wage. 7.1 Employee Records. In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. 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) 7.3 Maintenance of Earnings Statement Information. 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. Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. . In a significant departure from federal law, COMPS Order 36 defines any tasks taking over one minute as time worked. Some examples of time worked referenced in COMPS Order 36 include time spent putting on or removing required work clothes or gear, but not uniforms worn outside work as well; remaining at work awaiting a decision on a job assignment or when to begin work; receiving or sharing work-related information; performing clean-up or other duty off-the-clock; security or safety screening; clocking or checking in or out; and waiting to perform any of these tasks. This exemption covers individuals elected to public office and members of their staff. <> The following employees are exempted under Rule 2.2, provided that their position based on actual job duties, as opposed to their job description meets the criteria set forth in the Order: As under prior minimum wage orders, COMPS Order 36 does not recognize the creative professional or highly compensated exemptions available under federal law. Under the C.R.S. For the purpose of the COMPS Order, relevant factors in determining whether a person is an employee include the degree of control the employer may or does exercise over the person and the degree to which the person performs work that is the primary work of the employer; except that an individual primarily free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee.1. 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. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. 6.3.2 The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from an employees wages. uestions arising with respect to the administration and interpretation of the COMPS Order. COMPS Order 36 has adopted these broadened definitions. 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. 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. Please note that the form is currently not optimised for mobile devices. Having knowledgeable resources and teams to help guide you through this will be of utmost importance. 8-4-103(6). On January 22, 2020, the Colorado Department of Labor and Employment issued new rules that will overhaul the state's wage-and-hour laws. 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. This Rule 5.2.4 applies equally to rest periods that Rule 5.2.1 permits to be of different durations. 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. Therefore, a failure by an employer to authorize and permit a 10-minute compensated rest period is a failure to pay 10 minutes of wages at the employees agreed-upon or legally required (whichever is higher) rate of pay. 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Unlike with meal periods, employers are no longer allowed to require a security for... Or Other non-hourly basis ( E ) regular rates of pay, gross wages earned withholdings! Deposit for a required uniform these entities must comply beginning January 1 2021...