Second, if the employees work is agricultural, qualified Medicaid-funded home care, or subject to a collective bargaining agreement, then rest periods can be five minutes in a four-hour period, so long as the employees rest periods average 10 minutes per four hours over the course of the workday. Rule 7 CCR 1103-1-2 - Coverage and Exemptions 2.1 Scope of coverage. Were ready for your tomorrow because were built for it. This exemption covers individuals elected to public office and members of their staff. 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. To continue reading please log in to XpertHR. A hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the federal Fair Labor Standards Act 8 and 80 rule whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of 80 hours in a 14 consecutive day period and for any work in excess of 8 hours per day. 8-4-114); or. Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. The materials and information included in the XpertHR service are provided for reference purposes only. COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. 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. CFR Title 47. Pursuant to C.R.S. Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. 1.8 Regular rate of pay means the hourly rate actually paid to employees for a standard, non- overtime workweek. Register today to find other auction properties in Colorado. 2.2.4 Outside salespersons. The COMPS order has left many unanswered questions. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.)
If a local government has enacted a higher minimum wage a practice that has surged due to recent legislation in Colorado work covered by the local minimum wage ordinance must be paid at that higher wage. Unlike with meal periods, employers need not permit employees to leave the premises for their rest periods. Copies may be obtained from the Division of Labor Standards & Statistics at a reasonable charge. 2023 The Lore Law Firm | Attorney Advertisement |, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36, Website Design by Omnizant - View site in new window. 1.11 Wages or compensation has the meaning provided by C.R.S. They can be accessed electronically from the website of the Colorado Secretary of State. 8-6-116). See Appendix A for citations. 2.1 Scope of coverage. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. 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. On March 16, 2020, Colorado Overtime & Minimum Pay Standards Order (COMPS Order) goes into effect defining the wage and hour rights of every employee and every private employer operating in the state, regardless of industry. 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. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. Tips include amounts designated as a tip by credit card customers on their charge slips. 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. New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. The Colorado Overtime and Minimum Pay Standards (COMPS) Order No. 6.3.1 Where wearing a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel, with the following exceptions: (A) if the uniform furnished by the employer is plain and washable, and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning; and. Employers may be required by law to post certain posters. 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. 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. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. 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. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. 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 . Exemptions from COMPS Order 36 and Increased Salary Thresholds. Paid Sick Leave 88 Section 9 - District of Columbia Addendum 93 . 2.2 Exemption from all except Rules 1, 2, and 8. Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage. 3 0 obj 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. Section 8 - Colorado Addendum 84 8-1. 8-4-101(5), (6). Business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from regular rates. 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. 201 et seq.). (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. Every employer shall keep at the place of employment, or at the employers principal place of business in Colorado, a true and accurate record for each employee which contains the following information: (A) name, address, occupation, and date of hire of the employee; (B) date of birth, if the employee is under 18 years of age; (D) record of credits claimed and of tips; and. <> Whenever employers are subjected to Colorado law as well as federal and/or local law, the law providing greater protection or setting the higher standard shall apply. As of January 1, 2020, Colorado statutes also broadened the definitions of covered employees and employers in Colo. Rev. (B) Subpart included in cross-references. """"""W{@. 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. November 30, 2020 Early this year, COMPS Order #36 made substantial changes in Colorado wage law. The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. Michael Lore is the founder of The Lore Law Firm. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. (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. As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. Adopted on January 22, 2020. 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. For example, if an employee is called back to work seven minutes into his or her rest period, the employer owes 10 extra minutes of pay, not just seven. 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. 4.1.3 Hours worked in two or more workweeks shall not be averaged for computing overtime. Pregnancy Accommodations 84 8-2. Littler Lightbulb: Whats New in Colorado? 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. 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. (B) receives at least 5 minutes of rest in every 4 hours worked. 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? (A) Liberal construction of COMPS, narrow construction of exceptions/ exemptions. The Division is expected to periodically issue additional guidance regarding COMPS Order 36 through Interpretive Notice and Formal Opinions (INFOs). (C) Minimum Wage Order references. clocking or checking in or out, or waiting for any of the preceding shall be considered time worked that must be compensated. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 4.1.2 Whichever of the three calculations in Rule 4.1.1 results in the greater payment of wages shall apply in any particular situation. 5 0 obj For federal workplace posters, contact the U.S. Department of Labor. AS explained in that post, employers should review the CDLE's summary . (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. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. 2 The Rule 1.6 definition of employer parallels the statutory amendment to the employer definition enacted by Colorado H.B. - To the extent that COMPS requires new paperwork from employers (new posters, handbook inserts, acknowledgement forms, etc . Acknowledgement of Occupant Rights - If Occupied. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 24-4-103(12.5)(b), the agency shall provide certified copies of them at cost upon request or shall provide the requestor with information on how to obtain a certified copy of the material incorporated by reference from the agency originally issuing them. Employers need not pay employees on an hourly basis. 2.5 Salary Thresholds for Certain Exemptions. 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. 2. Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Colorado Overtime and Minimum Pay Standards Order Number 36. INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36summarizes key parts and interpretations of COMPS Order #36.The Division'sStatement of Basis, Purpose, Authority, and Findingsoffers more detail on the nature, basis for, and findings underlying all changes. 7.4.3 Translation. Absent such an understanding, the hourly regular rate is the applicable weekly pay divided by 40, the number of hours presumed to be in a workweek for an employee paid no overtime premium. 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. 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. 8.2 Complaints. 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. Executive Order On Mandatory Furloughs On Tuesday, Sept. 22 the State of Colorado announced an Executive Order from the Governormandating furlough days for state employees making more than $50,000 per year. 24-4-101, et seq. (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. COMPS Order #37 In November 2020, the CDLE published COMPS Order #37, which goes into effect on January 1, 2021. 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. Billing/Credit Card Authorization. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). The 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. 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. 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 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. 201 et seq. 201 et seq.) Learn More or Request a Demo. 8.8 Separability. 36 informational page, outlines critical wage rights and responsibilities that are to take effect March 16, including minimum-wage eligibility, overtime pay for work in excess of 40 hours in a week or 12 hours in a day . 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? Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! 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). 8-12-105. This is considered an on-duty meal period, and that time must be compensated. 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.). 3.3 Reduced Minimum for Certain People with Disabilities and Minors. Most provisions become effective March 16, 2020, with the exception of the increased salary thresholds, which begin on July 1, 2020. 8-4-101(7), (8.5). 8.5 Reprisals. 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