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. 8-6-108.5. 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. 5 0 obj 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. Every employer publishing or distributing to employees any handbook, manual, or written or posted policies shall include a copy of the COMPS Order, or a COMPS Order poster published by the Division, with any such handbook, manual, or policies. 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. Employer Record-Keeping and Posting Requirements. 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 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. Detailed information regarding the requirements under COMPS Order 36 can be found here. The Division's Statement of Basis, Purpose, Authority, and Findings for COMPS Order #38 offers more detail on the nature, basis for, and findings underlying the changes made to the COMPS Order. The COMPS order has left many unanswered questions. (A) A weekly salary or other non-hourly pay may be paid as straight time pay for all work hours, and the regular rate each workweek will be the total paid divided by hours worked, if the parties have a clear mutual understanding that the salary is: (1) compensation (apart from any overtime premium) for all hours each workweek; (2) at least the applicable minimum wage for all hours in workweeks with the greatest hours; (3) supplemented by extra pay for all overtime hours (in addition to the salary that covers the regular rate) of an extra 12 of the regular rate; and. The COMPS Poster reflects major provisions of the COMPS Order including the 2020 minimum wage rate and tip credit, overtime pay . In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. Prior validations that are required in order to get another validation. Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. In an abundance of caution, employers can ensure compliance by providing a copy of COMPS Order 36 or Poster to everyone in their current workforce on or about March 16, 2020 and obtaining a signed acknowledgment. The Executive Order also permits the notarization performed by aFor example, every county in Colorado . Register today to continue reading this article. Section 8 - Colorado Addendum 84 8-1. 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 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. 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. (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. Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. Rule 7. 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. 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. 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. 1.10 Tipped employee means any employee engaged in an occupation in which s/he customarily and regularly receives more than $30 per month in tips. Every employer subject to the COMPS Order must display a COMPS Order poster published by the Division in an area frequented by employees where it may be easily read during the workday. 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. Please review the Colorado laws and download any applicable posters. COMPS Order 36 eliminates the exemption for companions and domestic workers employed directly by households or family members to work in private residences. 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. endobj 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. Simply choose your state, look for a form, and download a state-specific template. 6.3.2 The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from an employees wages. 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. 655.210, 655.1304). Denver, CO 80202-3660 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. Please reach out to us at firstcall@corestaurant.org 80/20 Rule Resources Side Work Policy Acknowledgement Page When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. 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. Rule 6. (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 the FLSA, courts have held that employers do not have to pay employees for insignificant and infrequent periods of time of up to a few minutes (the de minimis exception). 8-4-121, 8-6-118. Colorado: 3.3% 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. As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. 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. 4.2 Effect of Daily Overtime on Workday and Workweek. 24-4-103. The Colorado Overtime and Minimum Pay Standards Order #36 ("COMPS Order") is now effective, but with some last-minute changes and a temporarily modified enforcement scheme. 2.4.5 Eight and Eighty Rule. 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. 1.9 Time worked means time during which an employee is performing labor or services for the benefit of an employer, including all time s/he is suffered or permitted to work, whether or not required to do so. To continue reading please log in to XpertHR. 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 . Compliance would include reviewing your compensation structure, pay grades, performance, hiring practices, and market benchmarking to start. 36 poster, which appears on the division's COMPS Order No. 2.5 Salary Thresholds for Certain Exemptions. endobj 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. 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. 1.6 Employer, as defined by C.R.S. (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. Part 541 Subpart G; Colo. Const. In addition to state wage requirements, federal or local laws or regulations may apply minimum, overtime, or other wage requirements to some or all Colorado employers and employees. (A) Casual babysitters employed in private residences directly by households, or directly by family members of the individual(s) receiving care from the babysitter. 2.2.10 Employees in highly technical computer-related occupations. 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. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. 19-1267, effective January 1, 2020. 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. 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. 8.3 Investigations. 5.1 Meal Periods. Dec'21- Dec'22: 104,700, 2023 Minimum Wage 16 0 obj 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. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. The following are exempt from the COMPS Order except Rules 1 (Authority and . 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. 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 Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy, Colorado Overtime & Minimum Pay Standards (COMPS) Order. 8-4-101(7), (8.5). the Administrative Procedure Act, C.R.S. (B) No minimum claim size. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. These changes, adopted Nov. 10, 2021, include Colorado Overtime and Minimum Pay Standards (COMPS) Order #38; 2022 Publication and Yearly Calculation of . 7.4.1 Posting. (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). COMPS Order 36 has adopted these broadened definitions. (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. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. (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 (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). Rule 8 Administration and Interpretation. 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. (A) Availability of court action or Division administrative complaint. 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. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. 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. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. 11681 E COLORADO DR. Aurora, CO 80012. (A) Liberal construction of COMPS, narrow construction of exceptions/ exemptions. 2.2.5 Owners or proprietors. 1.5 Employee, as defined by C.R.S. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. 6.2.3 Tip Credit. 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). 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. This article summarizes the key changes. 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 . (D) interruptions to perform duties are considered time worked. 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. 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. 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). 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. C.R.S. The employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. %PDF-1.4 Whenever employers are subjected to Colorado law as well as federal and/or local law, the law providing greater protection or setting the higher standard shall apply. (C) Student residence workers working in premises where they reside for sororities, fraternities, college clubs, or dormitories. Three Modifications to the Order 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. Title 8, Articles 1, 4, and 6. 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. Adopted on January 22, 2020. Under COMPS Order 36, employers are no longer allowed to require a security deposit for a required uniform. Under Colorado law, for shifts in excess of five hours, employees are entitled to an uninterrupted, duty-free, 30-minute meal period. . In prior minimum wage orders, the meal credit requirement stated the employee had to consume the meal before the deduction was permitted. References to the Colorado Minimum Wage Order shall be deemed to reference the COMPS Order, as the successor to the Colorado Minimum Wage Order. COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER) ACKNOWLEDGEMENT OF RECEIPT I HAVE BEEN PROVIDED AND HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THE COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER #38) POSTER. The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. (See my article below, posted 5/20/2020.) On the March 16, 2020 effective date, the Colorado Department of Labor and Employment Division of Labor Standards and Statistics ("Division") adopted three temporary changes to the Order, as well as a one-month compliance grace period. COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. While not nearly as dramatic, COMPS Order #37, which becomes effective January 1, 2021, does include some important changes. 2.2.3 Professional employees. 8.6 Division and Dual Jurisdiction. 6.2.2 Meal Credit. By Jennifer S. Harpole, Joshua B. Kirkpatrick, Lauren E. Meyerholz, and Tommy Postek on, General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Global Workplace Transformation Initiative. 8-4-111(1)(a)). 8-4-103(6). 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. Background on COMPs Order #36 . Additional exemptions under Rule 2.2 exist for qualifying owners and proprietors, interstate transportation workers and taxi cab drivers, in-residence workers, range workers in jobs related to herding or production of livestock, field staff of seasonal camps or outdoor education programs, bona fide volunteers and work-study students, and elected officials and their staff. This field is for validation purposes and should be left unchanged. 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. Part 541 Subpart G, apply, except that under the COMPS Order, the salary must be at least the level listed below and sufficient for the minimum wage for all hours in a workweek (with the exception of certain professionals listed in Rule 2.5.2). Read the code on FindLaw 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. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Colorado Overtime and Minimum Pay Standards Order Number 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 . Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. Order including the 2020 minimum wage orders, the meal before the deduction was permitted, which is as! Employer, COMPS Order 36 defines any tasks taking over one minute as time for. The LexisNexis Risk Solutions Group portfolio of brands compliance would include reviewing your compensation,... 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