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. 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. In addition, a signed acknowledgment of the new order is required. 2.4.4 Medical Transportation. 7.4.2 Distribution. """"""W{@. 1.3 Director means the Director of the Division of Labor Standards and Statistics. 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. 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. 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. 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. Employees shall be permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation. (B) receives at least 5 minutes of rest in every 4 hours worked. 203(f) of the federal Fair Labor Standards Act: farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including agricultural commodities ), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market. Jobs in agriculture also includes temporary employees employed directly by the Western Stock Show Association for the annual National Western Stock Show, who are exempt from all provisions of the COMPS Order. 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. 8-4-103(6). 2.5.2 Exemption for Certain Professionals Exempt from the Salary Requirement under Federal Wage Law. 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). Employers must post a COMPS Order 36 poster, distribute it to employees, and obtain employees signed acknowledgement of receipt. (B) contact the Division to request that the Division, if possible, provide a version of the COMPS Order and poster in another language that any employee(s) need. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. It is theft under the Criminal Code (C.R.S. This exemption covers the below-listed in-residence 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. Higher education is exemptfrom these state mandated furloughs. 1.2 Incorporation by reference. 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. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. endobj An itemized earnings statement of the information in Rule 7.1 shall be provided to each employee each pay period. Pregnancy Accommodations 84 8-2. 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. 5.2 Rest Periods. (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 An employer must pay a cash wage of at least $8.98 per hour if it claims a tip credit against its minimum hourly wage obligation; if an employees tips combined with the cash wage of at least $8.98 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages. Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. A tip credit no greater than $3.02 per hour may be used to offset cash wages for employers of tipped employees. endobj 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. 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. 4.3 Overtime for Minors. 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. 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. To the extent practical, rest periods should fall in the middle of each four-hour work period. This Rule 5.2.4 applies equally to rest periods that Rule 5.2.1 permits to be of different durations. Employer Record-Keeping and Posting Requirements. COMPS Order #36 is the currently-effective state wage and hour law for employers in Colorado. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Simply choose your state, look for a form, and download a state-specific template. Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. (D) Laundry workers who (a) are inmates, patients, or residents of charitable institutions, and (b) perform laundry services, (c) in institutions where they reside. 8-4-101(14) definition that the unpaid wages recoverable in a state-law claim include [a]ll amounts for labor or service performed by employees, as long as such amounts are earned, vested, and determinable, at which time such amount shall be payable to the employee pursuant to this article.. 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). The new minimum salary thresholds for exemption from overtime began on July 1, 2020. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 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 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. a notary must be an employee of a financial institution. COMPS Order #37 In November 2020, the CDLE published COMPS Order #37, which goes into effect on January 1, 2021. C.R.S. 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. 1.6 Employer, as defined by C.R.S. Exemptions from COMPS Order 36 and Increased Salary Thresholds. 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. (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. 8.6 Division and Dual Jurisdiction. 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. 16 0 obj . 7.4.3 Translation. 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. 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. 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. The COMPS order has left many unanswered questions. 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. 8-4-101(14). View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. 6.2 Credits Toward Minimum Wages. <> (A) Availability of court action or Division administrative complaint. 2.2.7 In-residence workers. Rule 2 of COMPS Order 36 provides for exemptions from the Order, or portions of the Order, based on specific criteria. 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. CFR Title 47. (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. Use of the service is subject to our terms and conditions. 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. 201 et seq. 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. 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 . This list may not be complete. It also required that . (B) for a non-profit employer, is the highest-ranked and highest-paid employee, and is paid at least the salary threshold in Rule 2.5. 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. As of January 1, 2020, Colorado statutes also broadened the definitions of covered employees and employers in Colo. Rev. Nov'22- Dec'22: 8,600 Please reach out to us at firstcall@corestaurant.org 80/20 Rule Resources Side Work Policy Acknowledgement Page 4.2 Effect of Daily Overtime on Workday and Workweek. 2.2 Exemption from all except Rules 1, 2, and 8. 8-6-108.5. Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. Stat. 15 0 obj On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order now called COMPS order #36 effective March 16, 2020. As noted in a previous post, Colorado proposed a new wage order in 2019. 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 . . Added: Dec 08, 2021. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. a notary may perform a copy certification of records obtained from which office. The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. 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. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. The workday is set by the employer and may accommodate flexible shift scheduling. Significantly, if an employer distributes a handbook, a manual, or written or posted policies to employees, as many employers do, it must include a copy of COMPS Order 36 or Poster. ; 20 C.F.R. 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. While COMPS Order 36 does not contemplate monetary penalties for failure to comply with the posting requirements, it provides that failure to comply may result in ineligibility for employee-specific credits, deductions, or exemptions. 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. 1.8 Regular rate of pay means the hourly rate actually paid to employees for a standard, non- overtime workweek. Employee acceptance of a meal must be voluntary and uncoerced. 2.4 Exemptions from Overtime Requirements of the COMPS Order. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. Employers may be required by law to post certain posters. As under federal law, hours in two or more weeks cannot be averaged in computing overtime. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Colorado Overtime and Minimum Pay Standards Order Number 36. Littler Lightbulb: Whats New in Colorado? 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. To continue reading please log in to XpertHR. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. 24-4-103(12.5)(b), the agency shall provide certified copies of them at cost upon request or shall provide the requestor with information on how to obtain a certified copy of the material incorporated by reference from the agency originally issuing them. For federal workplace posters, contact the U.S. Department of Labor. 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. As detailed below: The weekly salary from July 1, 2020, through December 31, 2020, shall be $684 ($35,568 per year4), then shall be $778.85 for 2021, $865.38 for 2022, $961.54 for 2023, and $1,057.69 for 2024, and then shall be indexed every January 1 by the same Consumer Price Index (CPI) as the Colorado minimum wage; except that the 2020 salary does not apply to the following two categories of employers, to whom the below salary schedule applies only as of January 1, 2021 (A) non-profit employers with annual total gross revenue of under $50 million, and (B) for- profit employers with annual total gross revenue of under $1 million. Second, Colorado state law provides more robust coverage than current federal overtime law. Newly covered employers will now have to abide by the Colorado overtime rules requiring employers to pay 1 times the employees regular rate of pay for work beyond 40 hours per week, 12 hours per day, or 12 consecutive hours of work, whichever results in the higher payment of wages. (1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications, (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. 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) 5 0 obj 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. 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). 24-4-103. 2.1 Scope of coverage. (D) interruptions to perform duties are considered time worked. 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) Minimum Wage Order references. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, who supervises the work of at least two full-time employees and has the authority to hire and fire, or to effectively recommend such action. 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. 8-4-121, 8-6-118. 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. Rule 8 Administration and Interpretation. National: 3.5%, Colorado Job Growth (SA) 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. While there is substantial overlap between these exemptions and those available under the FLSA, there are also some key differences. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. 6.2.3 Tip Credit. 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. Title 8, Articles 1, 4, and 6. Unlike with meal periods, employers need not permit employees to leave the premises for their rest periods. 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 #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. 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 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. 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? While not nearly as dramatic, COMPS Order #37, which becomes effective January 1, 2021, does include some important changes. Bank Owned. clocking or checking in or out, or waiting for any of the preceding shall be considered time worked that must be compensated. 8-4-114); or. the Administrative Procedure Act, 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. . 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. However, these entities must comply beginning January 1, 2021. 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). 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. Billing/Credit Card Authorization. 2.2.3 Professional employees. Denver, CO 80202-3660 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. Compliance would include reviewing your compensation structure, pay grades, performance, hiring practices, and market benchmarking to start. (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. (A) Liberal construction of COMPS, narrow construction of exceptions/ exemptions. Detailed information regarding the requirements under COMPS Order 36 can be found here. Previously, only a handful of industries were required to provide meals and breaks to their employees. 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. Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! endobj The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). ! !.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: %PDF-1.4 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. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) 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