5.1 Meal Periods. Rule 2 of COMPS Order 36 provides for exemptions from the Order, or portions of the Order, based on specific criteria. Michael Lore is the founder of The Lore Law Firm. 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. Rule 7. (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. 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.). 2.2.4 Outside salespersons. 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. And, effective January 1, 2021, COMPS Order36 establishes minimum salary thresholds higher than those under the FLSA that employees must earn in addition to meeting the applicable duties test to be exempt from overtime requirements. As under federal law, hours in two or more weeks cannot be averaged in computing overtime. The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). Dec'21- Dec'22: 104,700, 2023 Minimum Wage Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. 1.13 Workweek means any consecutive set period of 168 hours (7 days) starting with the same calendar day and hour each week. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, who directly serves the executive, and regularly performs duties important to the decision-making process of the executive. The materials and information included in the XpertHR service are provided for reference purposes only. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. 8-4-101(6), has the same meaning as in the federal Fair Labor Standards Act at 29 U.S.C. (B) Property managers residing on-premises at the property they manage. 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. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). 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. They can be accessed electronically from the website of the Colorado Secretary of State. 8-1-108 ([G]eneral orders shall be effective after they are adopted by the director and posted; All orders of the division shall be in force and prima facie reasonable and lawful until found otherwise.); 8-1-111 (The director is vested with the power and jurisdiction to have such supervision of every employment and place of employment [to] determine the conditions under which the employees labor , to enforce all provisions of law relating thereto to administer all provisions of this article with respect to the relations between employer and employee and to do all other acts and things convenient and necessary to accomplish the purposes of this article.); 8-1-130 (The director has full power to hear and determine all questions within his jurisdiction, and his findings, award, and order issued thereon shall be final agency action.); 8-4-111 (It is the duty of the director to enforce generally the provisions of this article.); 8-6-102 (Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed.); 8-6-104 (It is unlawful to employ workers in any occupation for wages which are inadequate to supply the necessary cost of living and to maintain the health of the workers . (2) "Drawee" means a person ordered in a draft to make payment. 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. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. The Colorado minimum wage is set forth in the state constitution, and for 2020 is $12.00 per hour, or $8.98 per hour for tipped employees. Log in Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. This Order. 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. 8-4-101(7), (8.5). This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. 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. 1.8.1 Pay included in regular rate. 2.2.3 Professional employees. 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. Colorado Enacts New Wage Protection Rules The Colorado Department of Labor and Employment recently published final rules on overtime and minimum pay and other wage and hour protections for. According to the CDLE, 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. Effective March 16, 2020. These records must be maintained for a period of at least three years and for the duration of any pending wage claim pertaining to a given employee. 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. - To the extent that COMPS requires new paperwork from employers (new posters, handbook inserts, acknowledgement forms, etc . To continue reading please log in to XpertHR. 8-4-121, 8-6-118. 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. 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 . 2.2 Exemption from all except Rules 1, 2, and 8. (B) Subpart included in cross-references. The following are exempt from the COMPS Order except Rules 1 (Authority and . Denver, CO 80202-3660 C.R.S. Pursuant to C.R.S. As under federal law, deductions may be made from the above salary requirements only under limited circumstances. These changes, adopted Nov. 10, 2021, include Colorado Overtime and Minimum Pay Standards (COMPS) Order #38; 2022 Publication and Yearly Calculation of . 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. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. 1.5 Employee, as defined by C.R.S. 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 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. Employers are required to authorize or permit rest periods but are not required to ensure they are taken. 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. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. e!Jw"Q{>4k^C:T-cu }bn+]1RhSUy:#9rUnAK>r#?Z4bH6erDG)HL#LmFu)~Q{?^{;hes~#0#0 ^BI:%R%ZW aUAWa UFfk,ysR73Nz_@BQ2]"EH_:B j6y=5Vh+[i\]J6*Q>/|ZyaKCB:_#JfeHYFV;4,Am$t}^|, X> To the extent practical, rest periods should fall in the middle of each four-hour work period. Employers need not pay employees on an hourly basis. 7.3 Maintenance of Earnings Statement Information. Littler Lightbulb: Whats New in Colorado? Part 541 Subpart G; Colo. Const. 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. 1.8 Regular rate of pay means the hourly rate actually paid to employees for a standard, non- overtime workweek. 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. This article summarizes the key changes. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. 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. 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. Employers that require their employees to sign an acknowledgment of receiving those materials, such as the commonly used handbook acknowledgment, must also require a signed acknowledgement that employees were provided a copy of COMPS Order 36 or Poster. 5 0 obj Register today to continue reading this article. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. 7.4 Posting and Distribution Requirements. 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. 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). In response this blog noted that the CDLE has just issued some additional information. The COMPS order has left many unanswered questions. Compliance would include reviewing your compensation structure, pay grades, performance, hiring practices, and market benchmarking to start. In addition, COMPS Order 36 adds an owners exemption, which mirrors federal law and provides that full-time employees who manage a business and have at least 20% bona fide equity interest in the business do not need to receive a salary to be exempt from the Order. endobj Copyright 2023 LexisNexis Risk Solutions Group. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. Employers must post the new Colorado COMPS Poster to inform employees of their rights. <> 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. 6.2.2 Meal Credit. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. AS explained in that post, employers should review the CDLE's summary . The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 below. See Appendix A for citations. 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 1.4 Division means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment. Title 8, Articles 1, 4, and 6. Register today to find other auction properties in 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. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. 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. Log in. (C) Minimum Wage Order references. 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). Grades, performance, hiring practices, and 6 thereof is interpreted by any court, shall... Related administrative agencies in tips COMPS requires new paperwork from employers ( new posters, handbook,. Periods but are not required to authorize or permit rest periods but not! 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