Exemptions from COMPS Order 36 and Increased Salary Thresholds. 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. 8-4-110(1)) and Division complaints for any violation (C.R.S. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. 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. 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). (See my article below, posted 5/20/2020.) Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. It adds an exemption for the highest-ranked and highest paid employee of a non-profit, as long as that person is paid within the minimum salary threshold discussed below. 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (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. CFR Title 47. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 below. 11681 E COLORADO DR. Aurora, CO 80012. Acknowledgement of Occupant Rights - If Occupied. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. 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,. 2.2.6 Interstate transportation workers and taxi cab drivers. Colorado Dept of Labor and Employment CDLE published three final rules: Colorado Overtime and Minimum Pay Standards Order #38 COMPS 38, 2022 Publication and Yearly Calculation of Adjusted Labor . 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. Access to the Employee Handbooks product requires a subscription. If any part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the remainder of the COMPS Order remains valid, and (B) if the provision is held not wholly invalid, but merely in need of narrowing, the provision should be retained in narrowed form. Any person may register with the Division a written complaint that alleges a violation of the COMPS Order within 2 years of the alleged violation(s), except that actions brought for a willful violation shall be commenced within 3 years. The minimum wage may be reduced by 15% for (a) non-emancipated minors and (b) persons certified by the Director to be less efficient in performance of their job duties due to a physical disability. 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. ork, performing clean-up or other duties off the clock,. 2.2 Exemption from all except Rules 1, 2, and 8. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. Every employer that requires employees to sign any handbook, manual, or policy shall, at the same time or promptly thereafter, include a copy of the COMPS Order, or a COMPS Order poster published by the Division, and have the employee sign an acknowledgement of being provided the COMPS Order or the COMPS Order poster. Subject to the specific requirements set forth in COMPS Order 36, agricultural jobs are exempt from the Orders overtime and meal period rules. 201, 3.2 Minimum and Overtime Wage Requirements of Other Applicable Jurisdictions. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. 3.1 Statewide Minimum Wage. Previously, only a handful of industries were required to provide meals and breaks to their employees. 7.4 Posting and Distribution Requirements. Colorado: COMPS Order Acknowledgment Form 264 Maine: Receipt of Non-Harassment Policy 265 Massachusetts: Receipt of Non-Harassment Policy 268 1.2 Incorporation by reference. Employers are required to authorize or permit rest periods but are not required to ensure they are taken. This Order. Stat. "W! WB 'y$A,Gbeih2)5K0)QUYX6#>vV^+2W The COMPS order has left many unanswered questions. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. (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. On a go-forward basis, employees should be required to acknowledge COMPS Order 36 or the Poster (which may be part of the handbook) at hire. Log in. This exemption covers the below-listed in-residence employees. While not nearly as dramatic, COMPS Order #37, which becomes effective January 1, 2021, does include some important changes. 203(f) of the federal Fair Labor Standards Act: farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including agricultural commodities ), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market. Jobs in agriculture also includes temporary employees employed directly by the Western Stock Show Association for the annual National Western Stock Show, who are exempt from all provisions of the COMPS Order. (B) Property managers residing on-premises at the property they manage. User authorizes Colorado Comps, LLC to process charges from a credit card account provided by the User. (2) "Drawee" means a person ordered in a draft to make payment. (4) Reserved. 8-4-101(5), (6). There are narrow exceptions for qualifying doctors, teachers, lawyers, and employees in highly technical computer-related occupations. 4.2 Effect of Daily Overtime on Workday and Workweek. (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 greatest change in COMPS Order 36 is its expanded coverage. COMPS Order36 sets forth detailed criteria for each of these exemptions. 24-4-103. <> stream (B) contact the Division to request that the Division, if possible, provide a version of the COMPS Order and poster in another language that any employee(s) need. Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. (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. 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 (B) intentionally pays or causes to be paid to any such employee a wage less than the minimum (C.R.S. COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. 655.210, 655.1304; 29 C.F.R. 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. 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. 5.2.2 Rest periods, to the extent practical, shall be in the middle of each 4-hour work period. 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 . 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. 2.2.10 Employees in highly technical computer-related occupations. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. %PDF-1.4 The new minimum salary thresholds will be phased in over 4 1/2 years. 1.6 Employer, as defined by C.R.S. Pursuant to C.R.S. a notary must be an employee of a financial institution. The other major change in the COMPS Order is the introduction of a salary threshold under Colorado law for overtime exemptions. 8-4-114); or. 4 0 obj Effective March 16, 2020. This applies to certain salespersons and mechanics, qualifying commission sales employees, certain employees in the ski industry, and qualifying medical transportation workers. 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. As noted in the previous post, COMPS order #36 is radical overhaul of Colorado's prior wage orders. Such an agreement does not change an employees right to pay for rest periods under Rule 5.2.4. Otherwise, the regular rate of pay must be calculated based on the assumption of 40 hours worked in the week, and overtime must be paid at 1.5 times the regular rate. is an acknowledgement and witnessing a signature the same thing. 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. Rule 7. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) 1.9.1 Requiring or permitting employees to be on the employers premises, on duty, or at a prescribed workplace (but not merely permitting an employee completely relieved from duty to arrive or remain on-premises) including but not limited to, if such tasks take over one minute, putting on or removing required work clothes or gear (but not a uniform worn outside work as well), receiving or sharing work-related information, security or safety screening, remaining at the place of employment awaiting a decision on job assignment or when to begin w By July 1, 2024, the COMPS Order will impose a $55,000 minimum salary threshold for an employee to qualify as exempt. 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. 8-6-108.5. Telecommunication 47 CFR Section 1.2204. 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. COMPS Order #37 In November 2020, the CDLE published COMPS Order #37, which goes into effect on January 1, 2021. 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. 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. 2.2.1 Administrative employees. Adopted on January 22, 2020. It is not necessary that the employee leave the premises for a rest period. For federal workplace posters, contact the U.S. Department of Labor. 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. Under Rules 7.1 and 7.3, employers are required to maintain records of an employees (a) name, address, occupation, and date of hire; (b) date of birth, if the employee is under 18 years of age; (c) daily record of all hours worked; (d) record of credits claimed and of tips; and (e) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. Nothing in this rule prevents an employer from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees who customarily and regularly receive tips. Higher education is exemptfrom these state mandated furloughs. For new hires, distribution must be made within the first month of employment. 2.4.4 Medical Transportation. References to the Colorado Minimum Wage Order shall be deemed to reference the COMPS Order, as the successor to the Colorado Minimum Wage Order. 1.5 Employee, as defined by C.R.S. 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? 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). 201 et seq.) Added: Dec 08, 2021. 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. 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. 5.2 Rest Periods. 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. 1.4 Division means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment. If pay is on a piece- rate, salary, commission, or other non-hourly basis, any overtime compensation is based on an hourly regular rate calculated from the employees pay. Moreover, employers with any employees with limited English language ability are required to either post a Spanish-language version of COMPS Order 36 and Poster or contact the Division to request that the Division provide a copy of COMPS Order 36 and Poster in another language. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . 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. (A) A weekly salary or other non-hourly pay may be paid as straight time pay for all work hours, and the regular rate each workweek will be the total paid divided by hours worked, if the parties have a clear mutual understanding that the salary is: (1) compensation (apart from any overtime premium) for all hours each workweek; (2) at least the applicable minimum wage for all hours in workweeks with the greatest hours; (3) supplemented by extra pay for all overtime hours (in addition to the salary that covers the regular rate) of an extra 12 of the regular rate; and. 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. 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. 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. 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. (C) Minimum Wage Order references. All sources cited or incorporated by reference are available for public inspection at the Colorado Department of Labor and Employment, Division of Labor Standards & Statistics, 633 17th Street, Suite 600, Denver CO 80202. 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. (B) receives at least 5 minutes of rest in every 4 hours worked. uestions arising with respect to the administration and interpretation of the COMPS Order. 2. The professional employee must be employed in the field in which s/he was trained. 1.7 Minor, for purposes of wage provisions specific to minors, means a person under 18 years of age, but not one who has received a high school diploma or a passing score on the general educational development examination. 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. 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. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. Employee acceptance of a meal must be voluntary and uncoerced. Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36 replaces Colorado Minimum Wage Order #35 (2019), and all prior Minimum Wage Orders. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. The Colorado Department of Labor and Employment (CDLE) has adopted the Colorado Overtime and Minimum Pay Standards (COMPS) Order #38 and new Wage Protection Rules as well as the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order, which became effective January 1, 2022. An employee receiving less than the full wages or other compensation owed is entitled to recover in a civil action the unpaid balance of the full amount owed, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage, pursuant to C.R.S. 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. This list may not be complete. An employer must pay a cash wage of at least $8.98 per hour if it claims a tip credit against its minimum hourly wage obligation; if an employees tips combined with the cash wage of at least $8.98 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages. The Division of Labor Standards and Statistics (Division) has taken the position that a full additional 10 minutes of pay is required even if the employee takes a shortened rest period. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Copyright 2023 LexisNexis Risk Solutions Group. In addition to state wage requirements, federal or local laws or regulations may apply minimum, overtime, or other wage requirements to some or all Colorado employers and employees. 1.3 Director means the Director of the Division of Labor Standards and Statistics. Part 541 Subpart G; Colo. Const. (B) taxi cab drivers employed by a taxi service provider licensed by a state or local government. xxTUWwuw*(kBIoHMJ a[*]L PE -Ii$af|Lm's_s@DDDDDDDDDDDDDDDDDDT7{I>""b)(1,")E"}DDDDDDOajJEa`wgQv! Pregnancy Accommodations 84 8-2. The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. as either: (A) enrolled students receiving credit for an unpaid work-study program or internship; or (B) bona fide volunteers for non-profit organizations. These changes, adopted Nov. 10, 2021, include Colorado Overtime and Minimum Pay Standards (COMPS) Order #38; 2022 Publication and Yearly Calculation of . This is a preview. Overtime 85 8-3. It shall be unlawful for an employer to assert a claim to, right of ownership in, or control over tips or gratuities intended for employees in violation of the Colorado Wage Act, including C.R.S. 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. Most provisions become effective March 16, 2020, with the exception of the increased salary thresholds, which begin on July 1, 2020. It is theft under the Criminal Code (C.R.S. In workdays requiring multiple rest periods under Rule 5.2, rest periods need not total exactly 10 minutes in each 4-hour period, as long as an employee: (A) receives rest periods that average, over the workday, at least 10 minutes per 4 hours worked; and. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. (4) paid for whatever hours the employee works in a workweek. 2.5 Salary Thresholds for Certain Exemptions. 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. The COMPS Poster reflects major provisions of the COMPS Order including the 2020 minimum wage rate and tip credit, overtime pay . For individuals covered under COMPS Order #38, the following rules apply. COMPS Order 36 specifically sets forth the circumstances under which Colorado employers may use the fluctuating workweek method of calculating overtime, under which the regular rate of pay is calculated based on all hours worked in the week and overtime is paid at 0.5 times the regular rate. Employees must be completely relieved of all duties and permitted to pursue personal activities, including by leaving the premises if desired. National: 3.5%, Colorado Job Growth (SA) 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. Signature* Clear Print Employee Name:* Date* -Month -DayYear Date Preview PDF Submit Should be Empty: 8-4-121, 8-6-118. This exemption covers an employee paid a salary, or hourly compensation, in accord with Rule 2.5, who: (A) is a skilled worker employed as a computer systems analyst, computer programmer, software engineer, or other similarly highly technical computer employee; (B) who has knowledge of an advanced type, customarily acquired by a prolonged course of specialized formal or informal study; and, (C) spends a minimum of 50% of the workweek in any combination of the following duties . 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. Minimum Wage and Overtime Poster Notice of Paydays Employment Security Act FAMLI Program Notice FAMLI Break Room Poster 1.9.2 Travel time means time spent on travel for the benefit of an employer, excluding normal home to work travel, and shall be considered time worked. In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. Thus, for the first time on March 16, 2020, a vast swath of private sector employers will be subject to Colorados overtime, meal and rest break, travel time, and exemption rules that previously were limited to four discrete industries. COMPS Order 36 also clarifies the meal credit requirement. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. 24-4-101, et seq. Colorado COMPS Order 38 Resources Colorado Break Acknowledgement Page Colorado Timeclock Acknowledgement Page Our partners at Fisher & Phillips LLP offer a discounted employee handbook template for CRA members. 1.13 Workweek means any consecutive set period of 168 hours (7 days) starting with the same calendar day and hour each week.
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