%PDF-1.4 Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds 5 consecutive hours. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift. 2.2.3 Professional employees. 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. uestions arising with respect to the administration and interpretation of the COMPS Order. 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, shall not be considered time worked, except that such travel is compensable if it is: (B) after compensable time starts or before compensable time ends under Rule 1.9 1.9.1; or. 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. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. To continue reading please log in to XpertHR. (2) "Drawee" means a person ordered in a draft to make payment. It is important to understand these requirements, as immediate action is required for compliance. For the purpose of the COMPS Order, relevant factors in determining whether a person is an employee include the degree of control the employer may or does exercise over the person and the degree to which the person performs work that is the primary work of the employer; except that an individual primarily free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee.1. Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. The proposed COMPS Order clarifies that, "to the extent practical," rest periods shall be provided in the middle of each four-hour work period. While not nearly as dramatic, COMPS Order #37, which becomes effective January 1, 2021, does include some important changes. Denver, CO 80202-3660 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. 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 employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. CO Agency Disclosure - Seller. 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). As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. 1u5h.JU}6e! 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. 2.4.1 Certain Salespersons and Mechanics. 4.1.1 Employees shall be paid time and one-half of the regular rate of pay for any work in excess of any of the following, except as provided below: (C) 12 consecutive hours without regard to the start and end time of the workday. We will be carefully monitoring the states interpretation and enforcement of these new legal requirements leading up to the effective date of COMPS Order 36 on March 16, 2020 and thereafter. It also required that . 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. endobj (2) at least 5 minutes of rest in every 4 hours worked. 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. The Executive Order also permits the notarization performed by aFor example, every county in Colorado . COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. 2.2.9 Elected officials and their staff. 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. On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order now called COMPS order #36 effective March 16, 2020. Minimum Wage and Overtime Poster Notice of Paydays Employment Security Act FAMLI Program Notice FAMLI Break Room Poster 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. Such incorporation excludes later amendments to or editions of the constitution, statutes, and rules; all cited laws are incorporated in the forms that are in effect as of the effective date of this COMPS Order. 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. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. (3) "Drawer" means a person who signs or is identified in a draft as a person ordering payment. 6.2.3 Tip Credit. 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. Dec'21- Dec'22: 104,700, 2023 Minimum Wage 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. 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.. Other jobs in agriculture are exempt from Rule 4 (Overtime) and Rule 5.1 (Meal Periods). While COMPS Order 36 does not change the requirements under Colorado law with respect to meal and rest periods, it provides clarification on a number issues where there was previously confusion. Under COMPS Order #38, the highly compensated employee exemption applies to employees (1) who are paid on a salary basis of at least $101,250 annually and at least $865.38 per week; (2) who customarily and regularly perform any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee; and (3) Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. National: 3.5%, Colorado Job Growth (SA) The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. 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. "Time Worked" Includes Any Task Taking Over One Minute. 8-4-101(6), has the same meaning as in the federal Fair Labor Standards Act at 29 U.S.C. 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. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. 6.2 Credits Toward Minimum Wages. Employer Record-Keeping and Posting Requirements. 8-4-110(1)) and Division complaints for any violation (C.R.S. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. . Deductions, Credits, and Charges. 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. Employers should be mindful that certain payment that are excluded from the regular rate of pay under the FLSA are not expressly excluded by COMPS Order 36, leading to a potential need to run separate state and federal overtime calculations. The COMPS order has left many unanswered questions. 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. (1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications, (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. a notary must be an employee of a financial institution. 2.4.2 Commission Sales. Acknowledgement of Occupant Rights - If Occupied. Employers shall not threaten, coerce, or discriminate against any person for the purpose of reprisal, interference, or obstruction as to any actual or anticipated investigation, hearing, complaint, or other process or proceeding relating to a wage claim, right, or rule. The new minimum salary thresholds will be phased in over 4 1/2 years. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. Register today to continue reading this article. the Administrative Procedure Act, C.R.S. Rule 1.8 of COMPS Order 36 sets forth which items are included in the calculation of an employees regular rate of pay, as well as how to calculate the regular rate for those employees who are paid a weekly salary or on some other non-hourly basis. 8-4-103(4). Every employer publishing or distributing to employees any handbook, manual, or written or posted policies shall include a copy of the COMPS Order, or a COMPS Order poster published by the Division, with any such handbook, manual, or policies. Pursuant to C.R.S. The COMPS Order is intended to remain in effect to the maximum extent possible. Read more items tagged with the same topics US Jurisdictions Colorado Manage your tracked topics > (B) Property managers residing on-premises at the property they manage. 2.4.5 Eight and Eighty Rule. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. 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. 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. Colorado: COMPS Order Acknowledgment Form 264 Maine: Receipt of Non-Harassment Policy 265 Massachusetts: Receipt of Non-Harassment Policy 268 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. On July 1, 2020, the annualized salary for exempt employees will be set at $35,568 (equal to the federal exemption salary under the FLSA). For new hires, distribution must be made within the first month of employment. It is unlawful to employ workers in any occupation under conditions of labor detrimental to their health or morals.); 8-6-105 (It is the duty of the director to inquire into the wages paid to employees and into the conditions of labor in any occupation if the director has reason to believe conditions of labor are detrimental to the health or morals of said employees or that the wages paid to a substantial number of employees are inadequate to supply the necessary cost of living and tomaintain such employees in health.); 8-6-106 (The director shall determine the minimum wages sufficient for living wages ; standards of conditions of labor and hours not detrimental to health or morals for workers; and what are unreasonably long hours.); 8-6-108 ([F]or the purpose of investigating any of the matters [s/]he is authorized to investigate by this article [t]he director has power to make reasonable and proper rules and procedure and to enforce said rules and procedure.); 8-6-109 (If after investigation the director is of the opinion that the conditions of employment surrounding said employees are detrimental to the health or morals or that a substantial number of workers in any occupation are receiving wages inadequate to supply the necessary costs of living and to maintain the workers in health, the director shall proceed to establish minimum wage rates.); 8-6-111 (Overtime, at a rate of one and one-half times the regular rate of pay, may be permitted by the director under conditions and rules and for increased minimum wages which the director. Effective March 16, 2020. 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). 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. (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. 6.3.2 The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from an employees wages. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 29 U.S.C. Copyright 2023 LexisNexis Risk Solutions Group. 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. 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 language closely tracks the applicable FLSA regulation and provides that Colorado employers may use the fluctuating workweek method only where the parties have a clear mutual understanding that this method will be used. Employee acceptance of a meal must be voluntary and uncoerced. 8-6-108.5. 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. COMPS Order #36 is the currently-effective state wage and hour law for employers in Colorado. (C) Minimum Wage Order references. The requirement to pay overtime for work in excess of 12 consecutive hours will not alter the employees established workday or workweek, as previously defined. Record-Keeping, Wage Statement, and Posting Requirements. A meal credit, equal to the reasonable cost or fair market value of meals provided to the employee, may be used as part of the minimum hourly wage. 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. 3.1 Statewide Minimum Wage. 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. Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. Subject to the specific requirements set forth in COMPS Order 36, agricultural jobs are exempt from the Orders overtime and meal period rules. - To the extent that COMPS requires new paperwork from employers (new posters, handbook inserts, acknowledgement forms, etc . 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. Previously, only a handful of industries were required to provide meals and breaks to their employees. 2.4 Exemptions from Overtime Requirements of the COMPS Order. For individuals covered under COMPS Order #38, the following rules apply. Having knowledgeable resources and teams to help guide you through this will be of utmost importance. 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. 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. Most significantly, if an employee is not authorized and permitted to take a required rest period, COMPS Order 36 states that the employee is entitled to 10 minutes of additional pay. View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. 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 . Share. (B) If the below conditions are met, rest periods need not be 10 minutes every 4 hours for any employees (i) governed by a collective bargaining agreement at any employer, or (ii) during time they are providing Medicaid-funded residential in-home services for an employer receiving at least 75% of its annual total gross revenue from federal and/or state Medicaid funds for providing such services. 6.2.1 Lodging Credit. 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. 8-6-116). 1.8.1 Pay included in regular rate. (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. 1.10 Tipped employee means any employee engaged in an occupation in which s/he customarily and regularly receives more than $30 per month in tips. 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. 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