A meal credit, equal to the reasonable cost or fair market value of meals provided to the employee, may be used as part of the minimum hourly wage. 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. 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. (C) recorded in a written agreement (electronic form is acceptable) that states the fact and amount of the credit (but need not be a lease). (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. Referred to as Colorado Overtime and Minimum Pay Standards (COMPS), these rules make significant and far-reaching changes to most parts of Colorado's compensation laws, including overtime pay, rest periods, and travel compensation. 1.8 Regular rate of pay means the hourly rate actually paid to employees for a standard, non- overtime workweek. 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 29 U.S.C. 2.3.2 The Rule 2.3.1 exemption does not apply if an employer draws at least 50% of its annual dollar volume of business from sales to the consuming public (rather than for resale) of any services, commodities, articles, goods, wares, or merchandise.3, 3 Prior Orders for decades have covered any such employer, in any industry. 4 0 obj 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. The Executive Order also permits the notarization performed by aFor example, every county in Colorado . Higher education is exemptfrom these state mandated furloughs. This list may not be complete. 2.4.1 Certain Salespersons and Mechanics. This exemption covers those who need not be compensated under the federal 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,. 2.2.6 Interstate transportation workers and taxi cab drivers. 5 0 obj 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. 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. It is important to understand these requirements, as immediate action is required for compliance. Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. 2.4 Exemptions from Overtime Requirements of the COMPS Order. 1 0 obj Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . Employers are required to authorize or permit rest periods but are not required to ensure they are taken. In workdays requiring multiple rest periods under Rule 5.2, rest periods need not total exactly 10 minutes in each 4-hour period, as long as an employee: (A) receives rest periods that average, over the workday, at least 10 minutes per 4 hours worked; and. Nov'22- Dec'22: 8,600 To the extent practical, rest periods should fall in the middle of each four-hour work period. Minimum Wage and Overtime Poster Notice of Paydays Employment Security Act FAMLI Program Notice FAMLI Break Room Poster 6.2.3 Tip Credit. 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. 2.2.9 Elected officials and their staff. Nothing in this rule prevents an employer from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees who customarily and regularly receive tips. The 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. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. Employers may be required by law to post certain posters. Pregnancy Accommodations 84 8-2. The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). In addition, exempted from the 2020 threshold are non-profits with annual gross revenue under $50 million, as well as for-profit employers with an annual total gross revenue under $1 million. 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 . 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. 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 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? Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36 replaces Colorado Minimum Wage Order #35 (2019), and all prior Minimum Wage Orders. 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. January 1, 2021 January 1, 2022 January 1, 2023 January 1, 2024 January 1, 2025, Weekly Overtime-Exempt Salary (& Rounded Annual Equivalent) $684.00 per week ($35,568 per year), The 2024 salary adjusted by the same CPI as the Colorado Minimum Wage, For any employer that is not subject to the $684 per week salary under this Rule 2.5.1 for all or part of 2020, the required salary is the equivalent of the Colorado $12.00 minimum wage, less any applicable lawful credits, for all hours worked in a workweek.5. COMPS Order 36 raises the threshold for the lodging deduction and adds requirements similar to federal law specifying that the employee must voluntarily accept the lodging and that the lodging must be appropriately documented. National: 3.5%, Colorado Job Growth (SA) 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). 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 . The new minimum salary thresholds will be phased in over 4 1/2 years. ; 20 C.F.R. 8-6-108.5. The COMPS order has left many unanswered questions. 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. 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. Previous Wage Orders provided that employees must be paid time and one-half the regular rate of pay for overtime work (defined in Colorado as work in excess of 40 hour workweeks or 12 hours in a given day), unless the . 2.5.2 Exemption for Certain Professionals Exempt from the Salary Requirement under Federal Wage Law. (See my article below, posted 5/20/2020.) <> 7.4.2 Distribution. "Time Worked" Includes Any Task Taking Over One Minute. (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. The Division is expected to periodically issue additional guidance regarding COMPS Order 36 through Interpretive Notice and Formal Opinions (INFOs). 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. The Director or a designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage and other provisions of the COMPS Order, pursuant to these rules and C.R.S. Effective March 16, 2020. 2.4.4 Medical Transportation. Use of the service is subject to our terms and conditions. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. Prior Wage Orders covered only four industries: Retail/Service, Food/Beverage, Health/Medical, and Commercial Support Service. 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. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. Where an uninterrupted or off-duty meal period is impractical, such as when an employee is single-staffed and required to monitor the phones during their meal period, the employee must be permitted to consume an on-duty meal while performing duties. Under Colorado law, for shifts in excess of five hours, employees are entitled to an uninterrupted, duty-free, 30-minute meal period. As under federal law, deductions may be made from the above salary requirements only under limited circumstances. 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. is an acknowledgement and witnessing a signature the same thing. Overtime 85 8-3. While COMPS Order 36 does not change the requirements under Colorado law with respect to meal and rest periods, it provides clarification on a number issues where there was previously confusion. 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 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. 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. COMPS Order #36 took effect March 16, 2020, with three narrow modifications based on developments since the original January adoption of COMPS Order #36, yielding the current version of COMPS posted above. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. (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. For federal workplace posters, contact the U.S. Department of Labor. 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. 1.12 Workday means any consecutive 24-hour period starting with the same hour each day and the same hour as the beginning of the workweek. 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. Register today to find other auction properties in Colorado. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. However, these entities must comply beginning January 1, 2021. Dec'21- Dec'22: 104,700, 2023 Minimum Wage The page you are about to view is currently not optimized for mobile devices. 4.2 Effect of Daily Overtime on Workday and Workweek. For information on federal law, contact the U.S. Department of Labor, Wage and Hour Division. Michael Lore is the founder of The Lore Law Firm. 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 responsibilities, such as what wage deductions are permissible, how hourly rates are calculated from non-hourly pay for overtime, and posting the Order's provisions to employees for ease of access. 4.3 Overtime for Minors. 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. ! !.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: Log in. Specifically, an employee is defined as any person, including a migratory laborer, performing labor or services for the benefit of an employer, except that the definition does not include independent contractors who meet the criteria set forth in the statute and COMPS Order 36. An itemized earnings statement of the information in Rule 7.1 shall be provided to each employee each pay period. Colorado: COMPS Order Acknowledgment Form 264 Maine: Receipt of Non-Harassment Policy 265 Massachusetts: Receipt of Non-Harassment Policy 268 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. Notably, the July 1, 2020 salary threshold is the same threshold that already went into place on January 1, 2020 under the FLSA, so most Colorado employers will not need to make any salary adjustments until January 1, 2021. 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. In response this blog noted that the CDLE has just issued some additional information. <> 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. If you have any questions about this article, you can contact Michael by, Fill Out the Form Below for a Free Case Review to See If You Have a Claim. (B) Subpart included in cross-references. In addition, a signed acknowledgment of the new order is required. Employers need not pay employees on an hourly basis. 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. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. 2.4.2 Commission Sales. 2.2.8 Bona fide volunteers and work-study students. (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). Learn More or Request a Demo. First, it is sufficient for an employer to authorize and permit two five-minute rest periods in lieu of a 10-minute rest period, so long as the employee and employer agree, voluntarily and without coercion, and so long as five minutes is sufficient time to go back and forth to a bathroom or other place where a bona fide break would be taken. Second, Colorado state law provides more robust coverage than current federal overtime law. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. Other jobs in agriculture are exempt from Rule 4 (Overtime) and Rule 5.1 (Meal Periods). For new hires, distribution must be made within the first month of employment. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. The employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. 8-4-121, 8-6-118. Rule 2 of COMPS Order 36 provides for exemptions from the Order, or portions of the Order, based on specific criteria. 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 8-1-101 (General order means an order of the director applying generally throughout the state to all persons, employments, or places of employment under the jurisdiction of the division); 8-1-103 ([P]owers, duties, and functions of the director , includ[e] promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications); 8-1-107 ([T]he director has the duty and the power to [a]dopt reasonable and proper rules and regulations relative to the exercise of his powers and proper rules and regulations to govern the proceedings of the division and to regulate the manner of investigations and hearings.). 201 et seq.). 2.2 Exemption from all except Rules 1, 2, and 8. 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. 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 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 Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. Read more items tagged with the same topics US Jurisdictions Colorado Manage your tracked topics > Such incorporation excludes later amendments to or editions of the constitution, statutes, and rules; all cited laws are incorporated in the forms that are in effect as of the effective date of this COMPS Order. 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. ork, performing clean-up or other duties off the clock,. Having knowledgeable resources and teams to help guide you through this will be of utmost importance. As under federal law, hours in two or more weeks cannot be averaged in computing overtime. 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 : Retail/Service, Food/Beverage, Health/Medical, and net amounts paid each pay period, and 8 on hourly. Clock, subparts of the information in rule 7.1 shall be compensated under the federal Fair Labor Standards Act 29! Extent practical, rest periods should fall in the middle of each four-hour work period of Paydays Employment Security FAMLI... Posters, contact the U.S. Department of Labor, Wage and overtime obligations more weeks can not be compensated the! 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