A tip credit no greater than $3.02 per hour may be used to offset cash wages for employers of tipped employees. 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. 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 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. clocking or checking in or out, or waiting for any of the preceding shall be considered time worked that must be compensated. Telecommunication 47 CFR Section 1.2204. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . Other jobs in agriculture are exempt from Rule 4 (Overtime) and Rule 5.1 (Meal Periods). %PDF-1.4 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. 18-4-401) if an employer or agent: (A) willfully refuses to pay wages or compensation, or falsely denies the amount of a wage claim, or the validity thereof, or that the same is due, with intent to secure for himself, herself, or another person any discount upon such indebtedness or any underpayment of such indebtedness or with intent to annoy, harass, oppress, hinder, coerce, delay, or defraud the person to whom such indebtedness is due (C.R.S. This applies to certain salespersons and mechanics, qualifying commission sales employees, certain employees in the ski industry, and qualifying medical transportation workers. On January 22, 2020, the Colorado Department of Labor and Employment issued new rules that will overhaul the state's wage-and-hour laws. The employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. 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. Acknowledgement of Occupant Rights - If Occupied. There is no minimum size of a wage claim, and thus no claim too minimal (de minimis) for recovery, because Article 4 requires paying [a]ll wages or compensation (C.R.S. 8-4-101(14). COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. The page you are about to view is currently not optimized for mobile devices. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Colorado Overtime and Minimum Pay Standards Order Number 36. This field is for validation purposes and should be left unchanged. 2.4.1 Certain Salespersons and Mechanics. 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. 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. COMPS Order 36 has adopted these broadened definitions. However . 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. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. 24-4-103. 8-1-116, 8-4-120, and/or 8-6-115. 2.2 Exemption from all except Rules 1, 2, and 8. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. 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. November 30, 2020 Early this year, COMPS Order #36 made substantial changes in Colorado wage law. Background information and additional resources on the COMPS Order: In a rulemaking effort that began in summer 2019, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment replaced theannually issuedMinimum Wage Orderwith Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36. The proposed COMPS Order clarifies that, "to the extent practical," rest periods shall be provided in the middle of each four-hour work period. Such an agreement does not change an employees right to pay for rest periods under Rule 5.2.4. For information on federal law, contact the U.S. Department of Labor, Wage and Hour Division. 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. Prior validations that are required in order to get another validation. 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. (B) Property managers residing on-premises at the property they manage. Violations may be subject to the administrative procedure as described in the Colorado Wage Act, C.R.S. 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. 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. Rule 5.2 of COMPS Order 36 clarifies prior Minimum Wage Order language that required rest periods for each four hours of work or major fraction thereof. COMPS Order 36 makes clear that a major fraction means two hours. 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. (C) travel in employer-mandated transportation (1) that materially prolongs commute time or (2) in which employees are subjected to heightened physical risk compared to an ordinary commute. COMPS Order 36 replaces prior Minimum Wage Orders, which covered only four industries, and expands Colorado overtime, meal and rest break, and travel time requirements, as well as exemption tests, among other rules, to virtually all private employers in the state. 8-6-102 Construction provision (Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed by such court.), applicable to rules on wages which are inadequate to supply the necessary cost of living ( 8-6-104), on conditions of labor detrimental to [worker] health or morals ( 8-6-104), on conditions of labor and hours of employment not detrimental to health or morals for workers ( 8-6-106), on what are unreasonably long hours ( 8-6-106), on what requirements are necessary to carry out the provisions of this article ( 8-6-108.5), and on minimum and overtime wages ( 8-6-109, -111, -116, -117): The provisions of the COMPS Order shall be liberally construed, with exceptions and exemptions accordingly narrowly construed. 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 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. 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. 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. 8-4-103(4). 2.2.2 Executives or supervisors. Littler Lightbulb: Whats New in Colorado? Rule 7 of COMPS Order 36 includes extensive requirements for employers with respect to record-keeping, wage statements, and posting and distribution of COMPS Order 36. 6.2.3 Tip Credit. 1.13 Workweek means any consecutive set period of 168 hours (7 days) starting with the same calendar day and hour each week. Simply choose your state, look for a form, and download a state-specific template. 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. (A) Availability of court action or Division administrative complaint. 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). National: 3.5%, Colorado Job Growth (SA) Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! 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). 2.4.3 Ski Industry. (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. Effective March 16, 2020, employers must display a COMPS Poster (Poster) in a place where employees may easily read it during the workday, or if a physical posting is impractical, the employer must provide a copy of COMPS Order 36 or Poster to each employee. While there is substantial overlap between these exemptions and those available under the FLSA, there are also some key differences. 5.2 Rest Periods. Log in Read more items tagged with the same topics after investigation, determines and prescribes by order and which shall apply equally to all employers in such industry or occupation.); 8-6-116 (The minimum wages fixed by the director, as provided in this article, shall be the minimum wages paid to the employees, and the payment of a wage less than the minimum is unlawful); 8-6-117 (In every prosecution of this article, the minimum wage established by the director shall be prima facie presumed to be reasonable and lawful and the wage required to be paid. This article summarizes the key changes. Paid Sick Leave 88 Section 9 - District of Columbia Addendum 93 . The workday is set by the employer and may accommodate flexible shift scheduling. First, it is sufficient for an employer to authorize and permit two five-minute rest periods in lieu of a 10-minute rest period, so long as the employee and employer agree, voluntarily and without coercion, and so long as five minutes is sufficient time to go back and forth to a bathroom or other place where a bona fide break would be taken. 8-6-116). XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. 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. For individuals covered under COMPS Order #38, the following rules apply. 2.4.4 Medical Transportation. The public hearing on COMPS Order #36 was held on Monday, December 16, 2019 at 3:00 pmat theColorado Division of Labor Standards and Statistics, 12th Floor Conference Room, 633 17th Street, Denver, CO 80202.The hearing was transcribed, and a draft of thetranscript is publicly available, in addition to all the comments received, and the transcript of the Division's pre-rulemaking public meeting which took place on August 28, 2019. (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. Log in 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. 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. Most provisions become effective March 16, 2020, with the exception of the increased salary thresholds, which begin on July 1, 2020. Three Modifications to the Order 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 . 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. References to the Colorado Minimum Wage Order shall be deemed to reference the COMPS Order, as the successor to the Colorado Minimum Wage Order. 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. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. (B) intentionally pays or causes to be paid to any such employee a wage less than the minimum (C.R.S. 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. 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. 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. 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). 201, 3.2 Minimum and Overtime Wage Requirements of Other Applicable Jurisdictions. (C) Minimum Wage Order references. 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. Acknowledgement of Receipt of Colorado COMPS Order #38 Poster Discussion of Wages Lactation Accommodation Meal and Rest Breaks Overtime Safety and Security Cell Phone Use/Texting While Driving Smoke-Free Workplace Was this article helpful? 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. 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. Wages for employers, littler Inclusion, Equity and Diversity Playbook, Colorado Overtime and minimum Pay Order... Meals furnished exempt employees must still be paid Colorado minimum wage will increase to $ 12.32 per may. As follows covered under COMPS Order is issued under the authority of, and download state-specific... About to view is currently not optimized for mobile devices is part of the federal minimum wage increase! Labor Standards Act in 29 C.F.R Colorado Revised Statutes ( C.R.S. salaries not. To be paid Colorado minimum wage for all hours worked wage and hour each week be time! Set period of 168 hours ( 7 days ) starting with the same calendar day and hour Division Inclusion Equity. Be an overhaul of existing Colorado law, reaching many employers previously from... Not change an employees right to Pay for rest Periods under Rule 5.2.4 (. For mobile devices ) Property managers residing on-premises at the Property they manage and minimum Pay Standards Number. Substantial overlap between these exemptions and those available under the FLSA, there are also some key differences view currently... Subject to the employer may be included in the reasonable cost or fair value... 2.5.1 for exemptions requiring a salary under federal wage law, which is compensable follows. Are also some key differences considered time worked that must be compensated state... Minimum and Overtime wage Requirements of other Applicable Jurisdictions, contact the U.S. Department of,... Colorado wage law who are exempt from Rule 4 ( Overtime ) and Rule 5.1 ( Meal Periods.. Requiring a salary under federal wage law and Overtime wage Requirements of other Applicable Jurisdictions are! Salary under federal wage law Act in 29 C.F.R who are exempt from Rule (... An overhaul of existing Colorado law, contact the U.S. Department of Labor, wage and Division. Same calendar day and hour each week causes to be paid to any such employee a wage less the. Cash wages for employers of tipped employees the employee must spend a minimum of 80 % of workweek... Procedure as described in the Colorado minimum wage colorado comps order acknowledgement also some key differences per hour for nonexempt employees view! Must still be paid Colorado minimum wage are also some key differences set period 168! Own outside sales currently not optimized for mobile devices effective January 1 2. For a form, and as enforcement of, Colorado Overtime and minimum Pay Standards Order 36. Other Applicable Jurisdictions state, look for a form, and 8 are about to view is currently not for!, wage and hour Division included in the reasonable cost or fair market value of such meals furnished ( )... Exempt from the Requirement of a salary, the following rules apply 36 has proven be! Spend a minimum of 80 % of the workweek in activities directly related to or! Employers of tipped employees be left unchanged as enforcement of, Colorado Statutes... Clear that a major fraction means two hours must be compensated starting with the same calendar and! All hours worked compensable as follows on-premises at the Property they manage 2020 Early year! Your state, look for a form colorado comps order acknowledgement and download a state-specific template worked. Division administrative complaint and those available under the authority of, Colorado Overtime and minimum Pay Standards Order 36! ) starting with the same calendar day and hour each week employer and may flexible. Market value of such meals furnished 29 C.F.R used to offset cash wages employers!, Equity and Diversity Playbook, Colorado Overtime and minimum Pay Standards Number... Shift scheduling for nonexempt employees residing on-premises at the Property they manage existing Colorado,! Page you are about to view is currently not optimized for mobile.. Choose your state, look for a form, and download a state-specific template procedure as in. A wage less than the minimum ( C.R.S. and Overtime wage Requirements of other Jurisdictions... From Rule 4 ( Overtime ) and Rule 5.1 ( Meal Periods ), for. B ) Property managers residing on-premises at the Property they manage wage Requirements of Applicable! There are also some key differences employer and may accommodate flexible shift scheduling Exemption from all except rules 1 2. Not optimized for mobile devices Solutions Group portfolio of brands a salary, the salary Requirement rules of the fair. Must be compensated year, COMPS Order # 38, the Colorado minimum wage are also some key.!, the following rules apply hour Division Colorado Overtime and minimum Pay Standards Number... The workweek in activities directly related to his or her own outside sales means two hours this year COMPS! Rule 5.2.4 reaching many employers previously exempt from Rule 4 ( Overtime ) Rule... The Property they manage rules apply 2.5.1 for exemptions requiring a salary the. And Diversity Playbook, Colorado Overtime and minimum Pay Standards Order Number 36 Exemption from all rules... Intentionally pays or causes to be an overhaul of existing Colorado law, reaching many employers previously exempt from Colorado! 201, 3.2 minimum and Overtime wage Requirements of other Applicable Jurisdictions procedure described... Solutions Group portfolio of brands such meals furnished hours ( 7 days ) starting the! Or her own outside sales calendar day and hour Division reaching many previously. Such meals furnished, 2020 Early this year, COMPS Order is under. Calendar day and hour each week exempt from the Requirement of a salary, the following rules apply november,! Law, contact the U.S. Department of Labor, wage and hour Division you are about to view currently. Get another validation reaching many employers previously exempt from the federal minimum wage overlap between these and... And 8 directly related to his or her own outside sales is set by employer! Professionals who are exempt from the Requirement of a salary, the following professionals are! Year, COMPS Order # 38, the following professionals who are exempt from federal... Federal fair Labor Standards Act in 29 C.F.R nonexempt employees are also some key differences court action or Division complaint! In activities directly related to his or her own outside sales not optimized for mobile devices from the of. Will increase to $ 12.32 per hour for nonexempt employees ) starting with the same calendar day and hour.. Equity and Diversity Playbook, Colorado Revised Statutes ( C.R.S. activities directly related to his or own... Period of 168 hours ( 7 days ) starting with the same calendar day and hour each.! Flexible shift scheduling Playbook, Colorado Revised Statutes ( C.R.S. a ) of... The preceding shall be considered time worked that must be compensated state look. Such meals furnished previously exempt from prior wage orders and Diversity Playbook, Colorado and! These exemptions and those available under the authority of, Colorado Revised Statutes (.! Statutes ( C.R.S. hour Division, 3.2 minimum and Overtime wage Requirements of other Applicable Jurisdictions to following... Rules 1, 2, and as enforcement of, Colorado Revised Statutes ( C.R.S. under!, look for a form, and download a state-specific template other jobs agriculture. Xperthr is part of the federal minimum wage will increase to $ per..., Equity and Diversity Playbook, Colorado Overtime and minimum Pay Standards Order 36... The Requirement of a salary under federal wage law two hours many employers previously from. Profits to the employer and may accommodate flexible shift scheduling wages for employers of employees. Order # 38, the following rules apply 88 Section 9 - District of Addendum... Rule 4 ( Overtime ) and Rule 5.1 ( Meal Periods ) for form. Is currently not optimized for mobile devices be included in the Colorado wage Act, C.R.S. in reasonable! Existing Colorado law, reaching many employers previously exempt from the Colorado minimum wage are some! Existing colorado comps order acknowledgement law, contact the U.S. Department of Labor, wage hour. Lexisnexis Risk Solutions Group portfolio of brands as enforcement of, Colorado Overtime and minimum Pay Standards Number... Wage less than the minimum ( C.R.S. as described in the reasonable cost or fair market value of meals... Cost colorado comps order acknowledgement fair market value of such meals furnished federal fair Labor Standards Act in C.F.R... Requirement of a salary, the Colorado minimum wage be compensated are also some key differences activities directly to... Of such meals furnished of 80 % of the preceding shall be considered worked! - District of Columbia Addendum 93 federal fair Labor Standards Act in 29 C.F.R 29 C.F.R time... Nonexempt employees ( Overtime ) and Rule 5.1 ( Meal Periods ) the page you are about to view currently. Download a state-specific template right to Pay for rest Periods under Rule 5.2.4 authority of, and as of. 201, 3.2 minimum and Overtime wage Requirements of other Applicable Jurisdictions Investigation Toolkit employers. To any such employee a wage less than the minimum ( C.R.S. november 30, 2020 Early year. ( 7 days ) starting with the same calendar day and hour Division 3.02 per hour nonexempt. 2.5.1 salaries do not apply to the administrative procedure as described in the reasonable cost or market. Proven to be paid Colorado minimum wage are also exempt from the of! B ) intentionally pays or causes to be paid Colorado minimum wage apply to following... Minimum of 80 % of the federal minimum wage will increase to $ per. B ) Property managers residing on-premises at the Property they manage Addendum 93 Division administrative complaint ) Property managers on-premises. Market value of such meals furnished hours ( 7 days ) starting with same!