(a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. Please reach out to us at firstcall@corestaurant.org 80/20 Rule Resources Side Work Policy Acknowledgement Page <> 4 0 obj The Colorado Overtime and Minimum Pay Standards Order #36 ("COMPS Order") is now effective, but with some last-minute changes and a temporarily modified enforcement scheme. (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. %PDF-1.4 Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. 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. Pregnancy Accommodations 84 8-2. 1 0 obj (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. 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. endobj However, these entities must comply beginning January 1, 2021. The COMPS Order, like the prior issued wage orders, is the source of critical Colorado wage rights and responsibilities beyond those provided by federal law: eligibility for the Colorado minimum wage, overtime pay for work past 40 hours per week and 12 hours per day, meal and rest breaks, and other employee and employer rights and responsibilities, such as what wage deductions are permissible, how hourly rates are calculated from non-hourly pay for overtime, and posting the Order's provisions to employees for ease of access. 8-4-121, 8-6-118. 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. Employees must be completely relieved of all duties and permitted to pursue personal activities, including by leaving the premises if desired. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. Adopted on January 22, 2020. Under the FLSA, courts have held that employers do not have to pay employees for insignificant and infrequent periods of time of up to a few minutes (the de minimis exception). The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. A tip credit no greater than $3.02 per hour may be used to offset cash wages for employers of tipped employees. 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. 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. 7.4.3 Translation. 2.2.1 Administrative employees. . The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. 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 . Section 8 - Colorado Addendum 84 8-1. 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. 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. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. 3.1 Statewide Minimum Wage. 8-4-105, are also permitted. <> 2.3.1 Workers in jobs in agriculture are exempt from Rule 3 (Minimum Wage), Rule 4 (Overtime), and Rule 5.1 (Meal Periods) if they are not covered by, or are exempt from, the minimum wage provisions of the federal Fair Labor Standards Act (29 U.S.C. 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. 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.). a notary must be an employee of a financial institution. 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). 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. 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. 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 . Colorado: COMPS Order Acknowledgment Form 264 Maine: Receipt of Non-Harassment Policy 265 Massachusetts: Receipt of Non-Harassment Policy 268 Acknowledgement of Occupant Rights - If Occupied. (D) Laundry workers who (a) are inmates, patients, or residents of charitable institutions, and (b) perform laundry services, (c) in institutions where they reside. COMPS Order 36 raises the threshold for the lodging deduction and adds requirements similar to federal law specifying that the employee must voluntarily accept the lodging and that the lodging must be appropriately documented. As under federal law, hours in two or more weeks cannot be averaged in computing overtime. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. Sales employees of retail or service industries paid on a commission basis, provided that at least 50% of their total earnings in the pay period is derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage, are exempt from Rule 4 (Overtime). (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 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. The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. Having knowledgeable resources and teams to help guide you through this will be of utmost importance. 1.8.1 Pay included in regular rate. Under the C.R.S. endobj 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 . 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? 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. COMPS Order #36 is the currently-effective state wage and hour law for employers in Colorado. $13.65 / Hour Simply choose your state, look for a form, and download a state-specific template. CO Agency Disclosure - Seller. L1gUskihs0Y)V"WD\ u[|L9,iaa"2ih:` N\,#MJ"'a: Qe]V7STVA'"SJf0i}V[, .B&tyVwEzE~@Os7]I l*uKQfn ,YNh LPm_5!wt (m7,._^J{E2[X|5~RDm!o-lsIl4-Ftey0fW,4"""""2Ma2romE`ih6R}V`RnRWW1d&V ?GF.e{H([/N/peS,|}F|D. The Division of Labor Standards and Statistics (Division) has taken the position that a full additional 10 minutes of pay is required even if the employee takes a shortened rest period. ! !.Q]"46D.Ef\nt@#'H$Ft uNM_g_I$KAd}:(BDY=H68yJ;e}D4Ad1,aHhh/u q6#WDEDV'hX?GJ}O_Q#bk^"'h tDgniT: The Rule 2.5.1 salaries do not apply to the following professionals who are exempt from the requirement of a salary under federal wage law. Minimum Wage and Overtime Poster Notice of Paydays Employment Security Act FAMLI Program Notice FAMLI Break Room Poster Employee acceptance of a meal must be voluntary and uncoerced. Employers need not pay employees on an hourly basis. 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. Added: Dec 08, 2021. 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. While not nearly as dramatic, COMPS Order #37, which becomes effective January 1, 2021, does include some important changes. 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. 8-1-116, 8-4-120, and/or 8-6-115. 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. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. 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. (C) Minimum Wage Order references. 655.210, 655.1304). Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. This applies to certain salespersons and mechanics, qualifying commission sales employees, certain employees in the ski industry, and qualifying medical transportation workers. 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. 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). Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. 19-1267, effective January 1, 2020. Log in 2.2.6 Interstate transportation workers and taxi cab drivers. (2) "Drawee" means a person ordered in a draft to make payment. 2.2.3 Professional employees. 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. COMPS Order 36 provides that, to the extent practical, meal periods must occur at least one hour after starting and one hour before ending shifts. 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). (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. Employers must post a COMPS Order 36 poster, distribute it to employees, and obtain employees signed acknowledgement of receipt. In defining an employer, COMPS Order 36 incorporates the definition under the FLSA, with some minor exceptions. 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). $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) The page you are about to view is currently not optimized for mobile devices. 6.1 Tips or Gratuities. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. 8-1-101 (General order means an order of the director applying generally throughout the state to all persons, employments, or places of employment under the jurisdiction of the division); 8-1-103 ([P]owers, duties, and functions of the director , includ[e] promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications); 8-1-107 ([T]he director has the duty and the power to [a]dopt reasonable and proper rules and regulations relative to the exercise of his powers and proper rules and regulations to govern the proceedings of the division and to regulate the manner of investigations and hearings.). 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. ; 20 C.F.R. 201 et seq.) It is not necessary that the employee leave the premises for a rest period. National: 3.5%, Colorado Job Growth (SA) An itemized earnings statement of the information in Rule 7.1 shall be provided to each employee each pay period. 8-6-116). 2.3.2 The Rule 2.3.1 exemption does not apply if an employer draws at least 50% of its annual dollar volume of business from sales to the consuming public (rather than for resale) of any services, commodities, articles, goods, wares, or merchandise.3, 3 Prior Orders for decades have covered any such employer, in any industry. 8.3 Investigations. 2.2 Exemption from all except Rules 1, 2, and 8. 8.2 Complaints. 6.2.2 Meal Credit. COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. 1.11 Wages or compensation has the meaning provided by C.R.S. The new minimum salary thresholds will be phased in over 4 1/2 years. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. 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. Were ready for your tomorrow because were built for it. 8-4-101(7), (8.5). 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. 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. 8-4-101, et seq. (4) paid for whatever hours the employee works in a workweek. 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. Rule 5.2 of COMPS Order 36 clarifies prior Minimum Wage Order language that required rest periods for each four hours of work or major fraction thereof. COMPS Order 36 makes clear that a major fraction means two hours. (F) Field staff of seasonal camps or seasonal outdoor education programs who primarily provide supervision or education of minors, or education of adults; are required to reside on-premises; are provided adequate lodging and all meals free of charge and without deduction from wages; and as of January 1, 2021, are paid the amount required by subpart (1) below (with no minimum pay required before January 1, 2021). Violations may be subject to the administrative procedure as described in the Colorado Wage Act, C.R.S. 2.4.1 Certain Salespersons and Mechanics. 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. (See my article below, posted 5/20/2020.) Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. 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. 8.6 Division and Dual Jurisdiction. 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. For new hires, distribution must be made within the first month of employment. CFR Title 47. Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy, Colorado Overtime & Minimum Pay Standards (COMPS) Order. 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