As under federal law, hours in two or more weeks cannot be averaged in computing overtime. Dec'21- Dec'22: 104,700, 2023 Minimum Wage CO Agency Disclosure - Seller. Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; and salespersons employed by trailer, aircraft, and boat (retail) dealers are exempt from Rule 4 (Overtime). Colorado Comps, LLC will issue an invoice to the User containing applicable charges for a subscription, service, or product that require such payment. Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. (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 5 0 obj 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. 2.5 Salary Thresholds for Certain Exemptions. Pursuant to C.R.S. Were ready for your tomorrow because were built for it. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. uestions arising with respect to the administration and interpretation of the COMPS 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. Telecommunication 47 CFR Section 1.2204. The employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. Copyright 2023 LexisNexis Risk Solutions Group. In response this blog noted that the CDLE has just issued some additional information. 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). 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. 3.1 Statewide Minimum Wage. Register today to continue reading this article. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. Employers are required to authorize or permit rest periods but are not required to ensure they are taken. 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. Employer Record-Keeping and Posting Requirements. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. as either: (A) enrolled students receiving credit for an unpaid work-study program or internship; or (B) bona fide volunteers for non-profit organizations. Absent such an understanding, the hourly regular rate is the applicable weekly pay divided by 40, the number of hours presumed to be in a workweek for an employee paid no overtime premium. (A) Availability of court action or Division administrative complaint. (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 with annual total gross revenue of $25 million or less, and (iii) reduced $100 per week for lodging and meals, as illustrated below: (2) Seasonal in Rule 2.2.7(F) means a camp or program that either (a) does not operate for more than seven months in a year, or (b) during the preceding calendar year had average receipts for any six months of not more than one-third (13) of its average receipts for the other six months. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 below. In response [] Tips include amounts designated as a tip by credit card customers on their charge slips. 2.1 Scope of coverage. COMPS Order 36 also clarifies the meal credit requirement. 2 The Rule 1.6 definition of employer parallels the statutory amendment to the employer definition enacted by Colorado H.B. Prior validations that are required in order to get another validation. endobj It is important to understand these requirements, as immediate action is required for compliance. 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. 2.4 Exemptions from Overtime Requirements of the COMPS Order. The COMPS Order is issued under the authority of, and as enforcement of, Colorado Revised Statutes (C.R.S.) Title 8, Articles 1, 4, and 6 (2020), and is intended to be consistent with the requirements of the State Administrative Procedures Act, C.R.S. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. 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. The workday is set by the employer and may accommodate flexible shift scheduling. 2.2 Exemption from all except Rules 1, 2, and 8. Additional deductions set forth in Rule 6 of COMPS Order 36, including for uniforms, or in Colorados wage deductions statute, Colo. Rev. This field is for validation purposes and should be left unchanged. Signature* Clear Print Employee Name:* Date* -Month -DayYear Date Preview PDF Submit Should be Empty: 6.2.2 Meal 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). The Division shall have jurisdiction over all q <> Overtime 85 8-3. 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. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. The Fair Labor Standards Act, 29 U.S.C. 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. %PDF-1.4 2.4.3 Ski Industry. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. 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. 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. Although employers must understand and adapt to all aspects of the new legal framework brought about by the Colorado Department of Labor and Employment's new Colorado Overtime and Minimum Pay Standards Order #36 (COMPS Order), you should ensure you pay attention to the COMPS Order's significant new posting, distribution, and translation 8.6 Division and Dual Jurisdiction. 7.4 Posting and Distribution Requirements. For employers covered by prior Minimum Wage Orders, COMPS Order 36 provides some clarification, but does not materially change, their obligations with respect to pay for travel time, as the prior orders defined travel time as all time spent at the control or direction of an employer, excluding normal home to work travel. This definition is significantly more expansive than the definition of compensable travel time under the FLSA (as amended by the Portal to Portal Act), however, imposing heightened obligations on employers not in one of the four previously covered industries. As detailed below: The weekly salary from July 1, 2020, through December 31, 2020, shall be $684 ($35,568 per year4), then shall be $778.85 for 2021, $865.38 for 2022, $961.54 for 2023, and $1,057.69 for 2024, and then shall be indexed every January 1 by the same Consumer Price Index (CPI) as the Colorado minimum wage; except that the 2020 salary does not apply to the following two categories of employers, to whom the below salary schedule applies only as of January 1, 2021 (A) non-profit employers with annual total gross revenue of under $50 million, and (B) for- profit employers with annual total gross revenue of under $1 million. 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. The findings of fact made by the director acting within prescribed powers, in the absence of fraud, shall be conclusive.); 8-12-115 (The director shall enforce this article and shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article.); and. 4.3 Overtime for Minors. Colorado: 3.3% 2023 The Lore Law Firm | Attorney Advertisement |, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36, Website Design by Omnizant - View site in new window. It is theft under the Criminal Code (C.R.S. 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 . It also required that . 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. 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. 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. 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. Section 8 - Colorado Addendum 84 8-1. 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. 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. 7.3 Maintenance of Earnings Statement Information. 2.2.6 Interstate transportation workers and taxi cab drivers. Three Modifications to the Order Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. 19-1267, effective January 1, 2020. the Administrative Procedure Act, C.R.S. 7.4.1 Posting. Second, if the employees work is agricultural, qualified Medicaid-funded home care, or subject to a collective bargaining agreement, then rest periods can be five minutes in a four-hour period, so long as the employees rest periods average 10 minutes per four hours over the course of the workday. 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. 1.2 Incorporation by reference. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. 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. (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. 8-4-101(6), has the same meaning as in the federal Fair Labor Standards Act at 29 U.S.C. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. 8.3 Investigations. Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics new Colorado Overtime and Minimum Pay Standards Order Number 36 (COMPS Order 36). Use of the service is subject to our terms and conditions. An employer shall retain records reflecting the information contained in an employees itemized earnings statement as described in this rule for at least 3 years after the wages or compensation were due, and for the duration of any pending wage claim pertaining to the employee. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 Log in 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. The employee must regularly exercise independent judgment and discretion in matters of significance, with a primary duty that is non-manual in nature and directly related to management policies or general business operations. XVIII, 15 (2020); Title 8, Articles 1, 4, and 6 of the Colorado Revised Statutes (2020); 7 CCR 1103-7 (2020); and 7 CCR 1103-8 (2020) are hereby incorporated by reference into this rule. 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