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. As of January 1, 2020, Colorado statutes also broadened the definitions of covered employees and employers in Colo. Rev. 5.1 Meal Periods. Absent such an understanding, the hourly regular rate is the applicable weekly pay divided by 40, the number of hours presumed to be in a workweek for an employee paid no overtime premium. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. 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. 2.2.6 Interstate transportation workers and taxi cab drivers. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. 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 . Already an XpertHR user? 1.1 Authority and relation to prior orders. 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. Such an agreement does not change an employees right to pay for rest periods under Rule 5.2.4. The Executive Order also permits the notarization performed by aFor example, every county in Colorado . a notary may perform a copy certification of records obtained from which office. Employee acceptance of a meal must be voluntary and uncoerced. This exemption covers: (A) an employee who is a driver, a drivers helper, or a loader or mechanic of a motor carrier, if the employee crosses state lines in the course of his or her work; and. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. 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. Background on COMPs Order #36 . It is important to understand these requirements, as immediate action is required for compliance. 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, shall not be considered time worked, except that such travel is compensable if it is: (B) after compensable time starts or before compensable time ends under Rule 1.9 1.9.1; or. 2.2 Exemption from all except Rules 1, 2, and 8. 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. 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. 2.2.1 Administrative employees. endobj 201, 3.2 Minimum and Overtime Wage Requirements of Other Applicable Jurisdictions. <> Register today to find other auction properties in Colorado. 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. The workday is set by the employer and may accommodate flexible shift scheduling. The COMPS order has left many unanswered questions. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. 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. 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 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. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . 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 Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. 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. 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! The proposed COMPS Order clarifies that, "to the extent practical," rest periods shall be provided in the middle of each four-hour work period. Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. 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. 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) 2.2.3 Professional employees. 16 0 obj 8-4-101(7), (8.5). The Fair Labor Standards Act, 29 U.S.C. 1 0 obj This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. The page you are about to view is currently not optimized for mobile devices. 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. User authorizes Colorado Comps, LLC to process charges from a credit card account provided by the User. 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 Were ready for your tomorrow because were built for it. The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. Acknowledgement of Receipt of Colorado Overtime and Minimum Pay Standards Order (COMPS Order #38) Poster Handbook Statement: Colorado [insert COMPS Order Poster] I acknowledge that Access to the Employee Handbooks product requires a subscription Learn More Request a Demo Already an XpertHR user? 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. Additionally, COMPs Order #36 set Colorado's minimum wage at $12 per hour. <> 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. 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 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,. 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. 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 . 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. 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. 2.5 Salary Thresholds for Certain Exemptions. (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. Changes to COMPS Order #36 and Leniency by the Colorado Division of Labor. A hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the federal Fair Labor Standards Act 8 and 80 rule whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of 80 hours in a 14 consecutive day period and for any work in excess of 8 hours per day. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. 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? 2.4.5 Eight and Eighty Rule. COLORADO OVERTIME & MINIMUM PAY STANDARDS ORDER Effective 1/1/22 : m u s t u pdat e an n u al l y ; ("COMPS Order") #38, POSTER & NOTICE n e w pos t e r av ai l abl e e ac h m i d-D e c e m be r Colorado Minimum Wage: $12.56/ h ou r, or $9.54 f or Ti p p e d E m p l oye e s , i n 2022 ( R ul e 3) The minimum wage is adjusted each year for inflation, so the above amounts are for only 2022 COMPS Order 36 eliminates the exemption for companions and domestic workers employed directly by households or family members to work in private residences. The findings of fact made by the director acting within prescribed powers, in the absence of fraud, shall be conclusive.); 8-12-115 (The director shall enforce this article and shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article.); and. This exemption covers an employee working primarily away from the employers place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real estate, wares, merchandise, or services. 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. 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. Rule 8 Administration and Interpretation. 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. Employers may be required by law to post certain posters. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 2.2.10 Employees in highly technical computer-related occupations. 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. (E) Range workers in jobs related to herding or production of livestock on the range who occupy employer-provided housing as part of their employment and are provided without cost or deduction any housing, food, transport, and equipment required for H2-A visa range workers by federal regulations (20 C.F.R. Pregnancy Accommodations 84 8-2. 7.3 Maintenance of Earnings Statement Information. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. Title 8, Articles 1, 4, and 6. 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. 8-1-116, 8-4-120, and/or 8-6-115. Record-Keeping, Wage Statement, and Posting Requirements. 4.1.3 Hours worked in two or more workweeks shall not be averaged for computing overtime. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. 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. Executive Order On Mandatory Furloughs On Tuesday, Sept. 22 the State of Colorado announced an Executive Order from the Governormandating furlough days for state employees making more than $50,000 per year. If pay is on a piece- rate, salary, commission, or other non-hourly basis, any overtime compensation is based on an hourly regular rate calculated from the employees pay. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift. On March 16, 2020, Colorado Overtime & Minimum Pay Standards Order (COMPS Order) goes into effect defining the wage and hour rights of every employee and every private employer operating in the state, regardless of industry. While Rule 7.2 appears to require that this information be provided to each employee each pay period, informal guidance from the Division indicates that the Division intended to ensure that this information be available to employees and the Division itself only upon request during an investigation, not included on pay stubs. ! !.Q]"46D.Ef\nt@#'H$Ft uNM_g_I$KAd}:(BDY=H68yJ;e}D4Ad1,aHhh/u q6#WDEDV'hX?GJ}O_Q#bk^"'h tDgniT: (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 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. This exemption covers the below-listed in-residence employees. 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. Section 8 - Colorado Addendum 84 8-1. 8-4-105, are also permitted. (5) "Maker" means a person who signs or is identified in a note as a . ork, performing clean-up or other duties off the clock,. 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. 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. 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. 8-4-114); or. art. 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. 201 et seq. In response [] 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. 8-4-101, et seq. The Division of Labor Standards and Statistics (Division) has taken the position that a full additional 10 minutes of pay is required even if the employee takes a shortened rest period. 8-4-101(5), (6). This list may not be complete. 2.4.1 Certain Salespersons and Mechanics. (4) Reserved. 1.9.2 Travel time means time spent on travel for the benefit of an employer, excluding normal home to work travel, and shall be considered time worked. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. 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. (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. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 Tips include amounts designated as a tip by credit card customers on their charge slips. 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. 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). They can be accessed electronically from the website of the Colorado Secretary of State. 19-1267, effective January 1, 2020. National: 3.5%, Colorado Job Growth (SA) Minimum Wage and Overtime Poster Notice of Paydays Employment Security Act FAMLI Program Notice FAMLI Break Room Poster No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. 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. (D) interruptions to perform duties are considered time worked. 2.3.1 Workers in jobs in agriculture are exempt from Rule 3 (Minimum Wage), Rule 4 (Overtime), and Rule 5.1 (Meal Periods) if they are not covered by, or are exempt from, the minimum wage provisions of the federal Fair Labor Standards Act (29 U.S.C. The Division accepts state law complaints by employees who claim entitlement to a state, federal, or local minimum or overtime wages under the C.R.S. 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 Learn More or Request a Demo. This field is for validation purposes and should be left unchanged. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. For employers covered by prior Minimum Wage Orders, COMPS Order 36 provides some clarification, but does not materially change, their obligations with respect to pay for travel time, as the prior orders defined travel time as all time spent at the control or direction of an employer, excluding normal home to work travel. This definition is significantly more expansive than the definition of compensable travel time under the FLSA (as amended by the Portal to Portal Act), however, imposing heightened obligations on employers not in one of the four previously covered industries. 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. 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 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) 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. 8-6-116). 7.4 Posting and Distribution Requirements. 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. However . 2.2.7 In-residence workers. % Register today to continue reading this article. 8.3 Investigations. Any person may register with the Division a written complaint that alleges a violation of the COMPS Order within 2 years of the alleged violation(s), except that actions brought for a willful violation shall be commenced within 3 years. 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. 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. %PDF-1.4 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. Prior validations that are required in order to get another validation. Stat. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. 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). See Appendix A for citations. 5.2.2 Rest periods, to the extent practical, shall be in the middle of each 4-hour work period. AS explained in that post, employers should review the CDLE's summary . 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