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. Overtime 85 8-3. Second, Colorado state law provides more robust coverage than current federal overtime law. COMPS Order #37 In November 2020, the CDLE published COMPS Order #37, which goes into effect on January 1, 2021. The professional employee must be employed in the field in which s/he was trained. Additional deductions set forth in Rule 6 of COMPS Order 36, including for uniforms, or in Colorados wage deductions statute, Colo. Rev. 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 L1gUskihs0Y)V"WD\ u[|L9,iaa"2ih:` N\,#MJ"'a: Qe]V7STVA'"SJf0i}V[, .B&tyVwEzE~@Os7]I l*uKQfn ,YNh LPm_5!wt (m7,._^J{E2[X|5~RDm!o-lsIl4-Ftey0fW,4"""""2Ma2romE`ih6R}V`RnRWW1d&V ?GF.e{H([/N/peS,|}F|D. 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). Already an XpertHR user? Colorado: 3.3% Learn More or Request a Demo. 2.2.7 In-residence workers. (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. 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 . (3) "Drawer" means a person who signs or is identified in a draft as a person ordering payment. 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 Employers need not pay employees on an hourly basis. 2.2.9 Elected officials and their staff. 7.4.2 Distribution. 19-1267, effective January 1, 2020. There are narrow exceptions for qualifying doctors, teachers, lawyers, and employees in highly technical computer-related occupations. Background on COMPs Order #36 . In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. 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. 201 et seq.). The Rule 2.5.1 salaries do not apply to the following professionals who are exempt from the requirement of a salary under federal wage law. 8-4-101(5), (6). <> It is not necessary that the employee leave the premises for a rest period. The COMPS Poster reflects major provisions of the COMPS Order including the 2020 minimum wage rate and tip credit, overtime pay . 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. Please reach out to us at firstcall@corestaurant.org 80/20 Rule Resources Side Work Policy Acknowledgement Page 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). Pay stubs still must comply with the Colorado Wage Acts required pay statement elements, however, including: (a) gross wages earned; (b) all withholdings and deductions; (c)net wages earned; (d) inclusive dates of the pay period; (e) name of the employee or the employees Social Security number; and (f) name and address of the employer. 8-4-114); or. (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. 3.1 Statewide Minimum Wage. Bank Owned. 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. Critically, if an employee voluntarily chooses to work during his or her rest period, additional pay is not required. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. The following employees are exempted under Rule 2.2, provided that their position based on actual job duties, as opposed to their job description meets the criteria set forth in the Order: As under prior minimum wage orders, COMPS Order 36 does not recognize the creative professional or highly compensated exemptions available under federal law. 2.2.6 Interstate transportation workers and taxi cab drivers. (B) Employees in highly technical computer-related occupations, as defined by Rule 2.2.10, must receive at least the lesser of (1) the applicable salary in Rule 2.5.1, or (2) hourly pay that is at least $27.63 in 2020, adjusted annually by CPI thereafter. When it goes into effect, COMPS Order #37 will replace COMPS Order #36, although the sweeping changes implemented by COMPS Order #36 as discussed above carry through in COMPS Order #37. (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. 2.5 Salary Thresholds for Certain Exemptions. xxTUWwuw*(kBIoHMJ a[*]L PE -Ii$af|Lm's_s@DDDDDDDDDDDDDDDDDDT7{I>""b)(1,")E"}DDDDDDOajJEa`wgQv! 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. Effective March 16, 2020. 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. 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. 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. Distribution: The CDLE requires, in its Rule 7.4.2 of 7 CCR 1103-1, that the most current COMPS Order poster (currently 38)also be distributed to employees "with any" handbook, manual or other policies, if and when an employer publishes or distributes any handbook, manual or policies. The Division shall have jurisdiction over all q Were ready for your tomorrow because were built for it. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. 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. This exemption covers individuals elected to public office and members of their staff. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 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,. The Executive Order also permits the notarization performed by aFor example, every county in Colorado . 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. 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. It renames the regularly-issued Minimum Wage Order to reflect that this order covers not only minimum wages, but also overtime and other related wage and hour standards. As noted in a previous post, Colorado proposed a new wage order in 2019. Detailed information regarding the requirements under COMPS Order 36 can be found here. Such an agreement does not change an employees right to pay for rest periods under Rule 5.2.4. (B) intentionally pays or causes to be paid to any such employee a wage less than the minimum (C.R.S. 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. In addition, a signed acknowledgment of the new order is required. . or convenience of the employee, rather than of the employer; and. 8-4-101(14). 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. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . The first, COMPS Order #36, represents the most sweeping change to Colorado wage law in decades, and provides significant new wage rights and responsibilities beyond those contained in federal law. (A) Liberal construction of COMPS, narrow construction of exceptions/ exemptions. 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. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. These documents come in many shapes and functions as well, and the variations of these papers and documents are listed below: Certificates: Certificates are somewhat like acknowledgement forms as they validate a person's achievement or participation in an event. Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36 replaces Colorado Minimum Wage Order #35 (2019), and all prior Minimum Wage Orders. Under the C.R.S. 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. It is important to understand these requirements, as immediate action is required for compliance. 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. 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. (B) Subpart included in cross-references. 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