COMPS Order #36 is the currently-effective state wage and hour law for employers in Colorado. 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. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. COMPS Order 36 deviates in important ways from the federal Fair Labor Standards Act (FLSA), including by defining any tasks taking over one minute as time worked, eliminating any de minimis exception, and requiring workers to actually cross state lines to be engaged in interstate commerce. 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. COMPS Order #36 took effect March 16, 2020, with three narrow modifications based on developments since the original January adoption of COMPS Order #36, yielding the current version of COMPS posted above. 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. Rule 8 Administration and Interpretation. 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. (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. ork, performing clean-up or other duties off the clock,. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. 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. However, these entities must comply beginning January 1, 2021. Prior validations that are required in order to get another validation. 8-4-103(4). (E) Range workers in jobs related to herding or production of livestock on the range who occupy employer-provided housing as part of their employment and are provided without cost or deduction any housing, food, transport, and equipment required for H2-A visa range workers by federal regulations (20 C.F.R. 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. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. endobj COMPS Order #38, effective January 1, 2022 remains in effect for 2023 The 2023 Publication And Yearly Calculation of Adjusted Labor Compensation (2023 PAY CALC) Order, which publishes values that adjust periodically under the COMPS Order, is also effective as of January 1, 2023. In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. 7.2 Issuance of Earnings Statement. 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. Additionally, COMPs Order #36 set Colorado's minimum wage at $12 per hour. 201 et seq.). He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. While Rule 7.2 appears to require that this information be provided to each employee each pay period, informal guidance from the Division indicates that the Division intended to ensure that this information be available to employees and the Division itself only upon request during an investigation, not included on pay stubs. 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. 1.4 Division means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment. Simply choose your state, look for a form, and download a state-specific template. Effective March 16, 2020. Overtime 85 8-3. For new hires, distribution must be made within the first month of employment. 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. This Rule 5.2.4 applies equally to rest periods that Rule 5.2.1 permits to be of different durations. 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. COMPS Order 36 has adopted these broadened definitions. As noted in the previous post, COMPS order #36 is radical overhaul of Colorado's prior wage orders. Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! % 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. Acknowledgement of Receipt of Colorado Overtime and Minimum Pay Standards Order (COMPS Order #38) Poster Handbook Statement: Colorado [insert COMPS Order Poster] I acknowledge that Access to the Employee Handbooks product requires a subscription Learn More Request a Demo Already an XpertHR user? 7.4.1 Posting. Colorado: COMPS Order Acknowledgment Form; View/Print PDF Forms : Colorado: COMPS Order Acknowledgment Form . <> 8-6-108.5. By Jennifer S. Harpole, Joshua B. Kirkpatrick, Lauren E. Meyerholz, and Tommy Postek on, General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Global Workplace Transformation Initiative. Previous Wage Orders provided that employees must be paid time and one-half the regular rate of pay for overtime work (defined in Colorado as work in excess of 40 hour workweeks or 12 hours in a given day), unless the . 5 0 obj ! !.Q]"46D.Ef\nt@#'H$Ft uNM_g_I$KAd}:(BDY=H68yJ;e}D4Ad1,aHhh/u q6#WDEDV'hX?GJ}O_Q#bk^"'h tDgniT: E.g., Order #35, Rule 2(A) (covering any employer that sells or offers for sale, any service, commodity, article, good, wares, or merchandise to the consuming public and draws 50% or more of its annual dollar volume from such sales, rather than from sales to other businesses for resale.). 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. 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. Employers need not pay employees on an hourly basis. 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. COLORADO OVERTIME & MINIMUM PAY STANDARDS ORDER Effective 1/1/22 : m u s t u pdat e an n u al l y ; ("COMPS Order") #38, POSTER & NOTICE n e w pos t e r av ai l abl e e ac h m i d-D e c e m be r Colorado Minimum Wage: $12.56/ h ou r, or $9.54 f or Ti p p e d E m p l oye e s , i n 2022 ( R ul e 3) The minimum wage is adjusted each year for inflation, so the above amounts are for only 2022 3 0 obj Previously, only a handful of industries were required to provide meals and breaks to their employees. 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. Violations may be subject to the administrative procedure as described in the Colorado Wage Act, C.R.S. Michael Lore is the founder of The Lore Law Firm. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. The following are exempt from the COMPS Order except Rules 1 (Authority and . The Division adopted the new Colorado Overtime and Minimum Pay Standards Order (the "COMPS Order"), which becomes effective on March 16, 2020; instead of just updating the Colorado Minimum Wage Order (the "Wage Order") to have the increased minimum wage for 2020, as it had done in past years. If you have any questions about this article, you can contact Michael by, Fill Out the Form Below for a Free Case Review to See If You Have a Claim. endobj 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. 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. In prior minimum wage orders, the meal credit requirement stated the employee had to consume the meal before the deduction was permitted. 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. 8-4-105, are also permitted. (A) Availability of court action or Division administrative complaint. Register today to continue reading this article. (B) Where the requirements of (1)-(4) are not carried out, there is not the required clear mutual understanding that the non-hourly pay provides the regular rate for all hours with extra pay added for overtime hours. 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. Dec'21- Dec'22: 104,700, 2023 Minimum Wage 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. The materials and information included in the XpertHR service are provided for reference purposes only. (B) Subpart included in cross-references. 3.1 Statewide Minimum Wage. CFR Title 47. 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 Employees shall be permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation. 4.1.4 Performance of work in two or more positions, at different pay rates, for the same employer, shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the federal Fair Labor Standards Act. 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. This article summarizes the key changes. 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. COMPS Order 36 applies to virtually all private employers in Colorado and overhauls wage and pay regulations, including overtime, meal and rest breaks, exemption tests, and numerous other areas. 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. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. Detailed information regarding the requirements under COMPS Order 36 can be found here. Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. 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). <> 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,. 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. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. Employer Record-Keeping and Posting Requirements. Part 541 Subpart G; Colo. Const. 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. (3) "Drawer" means a person who signs or is identified in a draft as a person ordering payment. Read the code on FindLaw The Division's Statement of Basis, Purpose, Authority, and Findings for COMPS Order #38 offers more detail on the nature, basis for, and findings underlying the changes made to the COMPS Order. Were ready for your tomorrow because were built for it. These records must be maintained for a period of at least three years and for the duration of any pending wage claim pertaining to a given employee. Rule 7. 1u5h.JU}6e! 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. 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. 19-1267, effective January 1, 2020. Stat. Unlike with meal periods, employers need not permit employees to leave the premises for their rest periods. "Time Worked" Includes Any Task Taking Over One Minute. 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. 7.4.2 Distribution. Billing/Credit Card Authorization. (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. 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. 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. COMPS Order36 sets forth detailed criteria for each of these exemptions. As noted in a previous post, Colorado proposed a new wage order in 2019. 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 29 U.S.C. The effective date of COMPS Order # 36 is March 16, 2020. 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. COMPS Order 36 eliminates the exemption for companions and domestic workers employed directly by households or family members to work in private residences. 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. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. 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). Additional deductions set forth in Rule 6 of COMPS Order 36, including for uniforms, or in Colorados wage deductions statute, Colo. Rev. The COMPS Poster reflects major provisions of the COMPS Order including the 2020 minimum wage rate and tip credit, overtime pay . 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. 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. (B) for a non-profit employer, is the highest-ranked and highest-paid employee, and is paid at least the salary threshold in Rule 2.5. Alternatively, an employee may elect to pursue a complaint through the Divisions administrative procedure as described in the Colorado Wage Act, C.R.S. 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. Rule 7 CCR 1103-1-2 - Coverage and Exemptions 2.1 Scope of coverage. Meal Periods Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds five consecutive hours of work. When the nature of the business activity or other circumstances make an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties. Acknowledgement of Occupant Rights - If Occupied. (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. 8-4-101(7), (8.5). 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. (2) at least 5 minutes of rest in every 4 hours worked. 2.2.1 Administrative employees. Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows: 5.2.1 Rest periods shall be 10 minutes unless, (A) on a given workday, or in a writing covering up to a one-year period that is signed by both parties, the employee and the employer agree, voluntarily and without coercion, to have two 5-minute breaks, as long as 5 minutes is sufficient, in the work setting, to allow the employee to go back and forth to a bathroom or other location where a bona fide break would be taken; or. The Division accepts state law complaints by employees who claim entitlement to a state, federal, or local minimum or overtime wages under the C.R.S. 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. If the work site or other conditions make a physical posting impractical (including private residences employing only one worker, and certain entirely outdoor work sites lacking an indoor area), the employer shall provide a copy of the COMPS Order or poster to each employee within his or her first month of employment, and shall make it available to employees upon request. 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. 8.8 Separability. In response [] 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) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. Already an XpertHR user? Where an uninterrupted or off-duty meal period is impractical, such as when an employee is single-staffed and required to monitor the phones during their meal period, the employee must be permitted to consume an on-duty meal while performing duties. Worker Adjustment & Retraining Notification, COMPS (Colorado Overtime & Minimum Pay Standards), Interpretive Notice & Formal Opinions (INFOs) & Other Published Guidance, Digital Literacy and Inclusion Initiative, Office of Education and Training Innovation, Retaliation, Discrimination, & Harassment, Employment Opportunity Act (Credit History), Workplace Accommodations for Nursing Mothers, Colorado Chance to Compete Act (Ban the Box), Demands, Complaints, Responses, & Settlements, Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA), Colorado Health Emergency Leave with Pay ("Colorado HELP") Rules March 11 - July 14, 2020, Colorado Overtime & Minimum Pay Standards (COMPS), Agricultural Labor Rights and Responsibilities, Required Reporting by Supplemental Healthcare Staffing Agencies, 2023 Publication And Yearly Calculation of Adjusted Labor Compensation, Statement of Basis, Purpose, Authority, and Findings, Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36, INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36, The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020. 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