However, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment ("the Division") has recently implemented temporary emergency modifications to the COMPS . "Time Worked" Includes Any Task Taking Over One Minute. COMPS Order 36 deviates in important ways from the federal Fair Labor Standards Act (FLSA), including by defining any tasks taking over one minute as time worked, eliminating any de minimis exception, and requiring workers to actually cross state lines to be engaged in interstate commerce. 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. 5 0 obj COMPS Order 36 applies to virtually all private employers in Colorado and overhauls wage and pay regulations, including overtime, meal and rest breaks, exemption tests, and numerous other areas. <> 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. 7.4.1 Posting. 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. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. clocking or checking in or out, or waiting for any of the preceding shall be considered time worked that must be compensated. 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. (A) Casual babysitters employed in private residences directly by households, or directly by family members of the individual(s) receiving care from the babysitter. 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. 8-12-105. Deductions, Credits, and Charges. (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. 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. Print. 3.1 Statewide Minimum Wage. Following is the appropriate contact information to communicate with us about the COMPS Order: Employer or employee questions on substance of COMPS rules: , 633 17th Street, Denver, CO 80202.The hearing was transcribed, and a draft of the, , in addition to all the comments received, and the. 1.8 Regular rate of pay means the hourly rate actually paid to employees for a standard, non- overtime workweek. Employers may be required by law to post certain posters. 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. 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. In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. The page you are about to view is currently not optimized for mobile devices. 6.2 Credits Toward Minimum Wages. 7.4 Posting and Distribution Requirements. 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. 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.. Employers need not pay employees on an hourly basis. 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 materials and information included in the XpertHR service are provided for reference purposes only. The other major change in the COMPS Order is the introduction of a salary threshold under Colorado law for overtime exemptions. Exemptions from COMPS Order 36 and Increased Salary Thresholds. 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 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. 3.3 Reduced Minimum for Certain People with Disabilities and Minors. Billing/Credit Card Authorization. This field is for validation purposes and should be left unchanged. Bank Owned. 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. As of January 1, 2020, Colorado statutes also broadened the definitions of covered employees and employers in Colo. Rev. Rule 7. The new minimum salary thresholds will be phased in over 4 1/2 years. 2. 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. Previously, only a handful of industries were required to provide meals and breaks to their employees. Colorado: COMPS Order Acknowledgment Form; View/Print PDF Forms : Colorado: COMPS Order Acknowledgment Form . The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. Were ready for your tomorrow because were built for it. Colorado: 3.3% Under Colorado law, for shifts in excess of five hours, employees are entitled to an uninterrupted, duty-free, 30-minute meal period. 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. Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows: 5.2.1 Rest periods shall be 10 minutes unless, (A) on a given workday, or in a writing covering up to a one-year period that is signed by both parties, the employee and the employer agree, voluntarily and without coercion, to have two 5-minute breaks, as long as 5 minutes is sufficient, in the work setting, to allow the employee to go back and forth to a bathroom or other location where a bona fide break would be taken; or. The workday is set by the employer and may accommodate flexible shift scheduling. not apply to the state or its agencies or entities, counties, cities and counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or districts organized and existing under the laws of Colorado.2 Foreign labor contractor and field labor contractor have the definitions in C.R.S. The greatest change in COMPS Order 36 is its expanded coverage. 7.3 Maintenance of Earnings Statement Information. 8.6 Division and Dual Jurisdiction. Otherwise, the regular rate of pay must be calculated based on the assumption of 40 hours worked in the week, and overtime must be paid at 1.5 times the regular rate. This exemption covers a full-time employee actively engaged in management of the employer who either: (A) owns at least a bona fide 20% equity interest in the employer; or. It is important to understand these requirements, as immediate action is required for compliance. 7.4.2 Distribution. Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! E.g., Order #35, Rule 2(A) (covering any employer that sells or offers for sale, any service, commodity, article, good, wares, or merchandise to the consuming public and draws 50% or more of its annual dollar volume from such sales, rather than from sales to other businesses for resale.). 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. Under COMPS Order 36, employers are no longer allowed to require a security deposit for a required uniform. Other jobs in agriculture are exempt from Rule 4 (Overtime) and Rule 5.1 (Meal Periods). 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