colorado comps order acknowledgement

colorado comps order acknowledgement

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. 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. The Director or a designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage and other provisions of the COMPS Order, pursuant to these rules and C.R.S. Notably, the July 1, 2020 salary threshold is the same threshold that already went into place on January 1, 2020 under the FLSA, so most Colorado employers will not need to make any salary adjustments until January 1, 2021. They can be accessed electronically from the website of the Colorado Secretary of State. 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. 2.4.4 Medical Transportation. 3.3 Reduced Minimum for Certain People with Disabilities and Minors. . 8-6-116). 6.2.1 Lodging Credit. 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. 1.8 Regular rate of pay means the hourly rate actually paid to employees for a standard, non- overtime workweek. 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.). 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. (B) taxi cab drivers employed by a taxi service provider licensed by a state or local government. Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. 5.2 Rest Periods. In addition, COMPS Order 36 clarifies that at the start or end of the workday, travel to or from a work station, entirely within the employers premises and/or with employer-provided transportation is not time worked unless it: (a) otherwise falls under the definition of time worked discussed above; (b) is after compensable time starts or before compensable time ends; or (c) is travel in employer-mandated transportation, which materially prolongs commute time or subjects employees to heightened physical risk compared to an ordinary commute. - To the extent that COMPS requires new paperwork from employers (new posters, handbook inserts, acknowledgement forms, etc . endobj <> stream An employer that does not comply with the above requirements of this paragraph shall be ineligible for any employee-specific credits, deductions, or exemptions in the COMPS Order, but shall remain eligible for employer- or industry-wide exemptions, such as exempting an entire employer or industry from any overtime or meal/rest period requirements in Rules 4-5. In prior minimum wage orders, the meal credit requirement stated the employee had to consume the meal before the deduction was permitted. 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. 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. According to the Department, the COMPS Order is the source of key wage rights and responsibilities, including eligibility for minimum wage; overtime pay for work over 40 hours a week or 12 hours a day; meal and rest breaks; rules on wage deductions; and rules on what work time must be paid. The minimum wage can be reduced by up to 15%, even if federal law permits lower wages, for non-emancipated minors and for persons certified by the Division as less efficient due to physical disability. This is a preview. Record-Keeping, Wage Statement, and Posting Requirements. At the start or end of the workday, travel to or from a work station, entirely within the employers premises and/or with employer-provided transportation, shall not be considered time worked, except that such travel is compensable if it is: (B) after compensable time starts or before compensable time ends under Rule 1.9 1.9.1; or. 3 0 obj 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. 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. On January 22, 2020, the Colorado Department of Labor and Employment issued new rules that will overhaul the state's wage-and-hour laws. 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. 2.5 Salary Thresholds for Certain Exemptions. Employers must post the new Colorado COMPS Poster to inform employees of their rights. Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! This field is for validation purposes and should be left unchanged. Additional deductions set forth in Rule 6 of COMPS Order 36, including for uniforms, or in Colorados wage deductions statute, Colo. Rev. 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. endobj 8-4-101, et seq. The proposed COMPS Order clarifies that, "to the extent practical," rest periods shall be provided in the middle of each four-hour work period. 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. Notably, the salary requirement does not apply to the outside salesperson exemption under COMPS Order 36. Violators may be subject to penalties under C.R.S. 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 According to the Department, the COMPS Order is the source of key wage rights and responsibilities, including: eligibility for minimum wage; overtime pay for work over 40 hours a week or 12 hours a day; meal and rest breaks; rules on wage deductions; and rules on what work time must be paid. 36 poster, which appears on the division's COMPS Order No. 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. 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). (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. (5) "Maker" means a person who signs or is identified in a note as a . The COMPS Order is intended to remain in effect to the maximum extent possible. 4.1.3 Hours worked in two or more workweeks shall not be averaged for computing overtime. 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. (2) at least 5 minutes of rest in every 4 hours worked. 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. Billing/Credit Card Authorization. The effective date of COMPS Order # 36 is March 16, 2020. 5.2.2 Rest periods, to the extent practical, shall be in the middle of each 4-hour work period. 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. 1.9 Time worked means time during which an employee is performing labor or services for the benefit of an employer, including all time s/he is suffered or permitted to work, whether or not required to do so. 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. (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. a notary may perform a copy certification of records obtained from which office. 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. 2.4.2 Commission Sales. 8.4 Violations. (B) intentionally pays or causes to be paid to any such employee a wage less than the minimum (C.R.S. As under federal law, deductions may be made from the above salary requirements only under limited circumstances. (D) Laundry workers who (a) are inmates, patients, or residents of charitable institutions, and (b) perform laundry services, (c) in institutions where they reside. November 30, 2020 Early this year, COMPS Order #36 made substantial changes in Colorado wage law. Three Modifications to the Order 8-6-108.5. 1.2 Incorporation by reference. XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. By July 1, 2024, the COMPS Order will impose a $55,000 minimum salary threshold for an employee to qualify as exempt. Employees of the medical transportation industry who work 24- hour shifts are exempt from the Rule 4.1.1(B)-(C) daily (12-hour) overtime rules if they receive the required Rule 4.1.1(A) weekly (40-hour) overtime pay. To continue reading please log in to XpertHR. 7.4.3 Translation. The workday is set by the employer and may accommodate flexible shift scheduling. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. 201 et seq. 6.2 Credits Toward Minimum Wages. 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. 6.2.3 Tip Credit. The Colorado Overtime and Minimum Pay Standards (COMPS) Order No. 6.1 Tips or Gratuities. A tip credit no greater than $3.02 per hour may be used to offset cash wages for employers of tipped employees. 2.2.3 Professional employees. 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. 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. The new minimum salary thresholds will be phased in over 4 1/2 years. 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. 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,. 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. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift. Detailed information regarding the requirements under COMPS Order 36 can be found here. 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. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 below. Exemptions from COMPS Order 36 and Increased Salary Thresholds. For individuals covered under COMPS Order #38, the following rules apply. 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. 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. 7.4 Posting and Distribution Requirements. Employers need not pay employees on an hourly basis. 5 0 obj 2.2.5 Owners or proprietors. 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. (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. 655.210, 655.1304; 29 C.F.R. 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. (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. 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. (B) clothing that is ordinary, plain, and washable that is prescribed as a uniform need not be furnished by the employer unless a special color, make, pattern, logo, or material is required. 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. 4.1.5 In calculating when 12 consecutive hours are worked for purposes of the Rule 4.1.1 requirement of overtime after 12 hours, meal periods may be subtracted, but only if the meal periods comply with the Rule 5.1 requirements for meal periods. Based on informal guidance form the Division, it may also be compliant to simply append the COMPS Order or Poster onto accessible electronic handbooks. 7.4.1 Posting. COMPS Order36 sets forth detailed criteria for each of these exemptions. 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. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 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 . 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). COMPS Order 36 has adopted these broadened definitions. 6.3.2 The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from an employees wages. 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. We will be carefully monitoring the states interpretation and enforcement of these new legal requirements leading up to the effective date of COMPS Order 36 on March 16, 2020 and thereafter. It is not necessary that the employee leave the premises for a rest period. COMPS Order Adopted On January 22, 2020, the Colorado Department of Labor and Employment (CDLE) adopted its "COMPS" Order, which replaces what has previously been known as the Colorado. Re-send Confirmation Email. (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. Employees in category (i) or (ii) must receive: (1) rest periods that average, over the workday, at least 10 minutes per 4 hours worked; and. 2.2.8 Bona fide volunteers and work-study students. However . Employee acceptance of a meal must be voluntary and uncoerced. COMPS Order #36 is the currently-effective state wage and hour law for employers in Colorado. Employers may be required by law to post certain posters. CFR Title 47. 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. 2.2.4 Outside salespersons. Stat. 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. 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. 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. Telecommunication 47 CFR Section 1.2204. 5.2.4 When an employee is not authorized and permitted a required 10-minute rest period, his or her shift is effectively extended by 10 minutes without compensation. The following are exempt from the COMPS Order except Rules 1 (Authority and . This exemption covers the below-listed in-residence employees. 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. Second, Colorado state law provides more robust coverage than current federal overtime law. 8-4-101(6), has the same meaning as in the federal Fair Labor Standards Act at 29 U.S.C. COMPS Order 36 provides two narrow exceptions from the requirement that employers provide 10-minute, off-duty rest periods for every four hours worked. This Rule 5.2.4 applies equally to rest periods that Rule 5.2.1 permits to be of different durations. 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). As previously discussed, Colorado officially adopted the Colorado Overtime and Minimum Pay Standards Order # 36 ("COMPS Order") on January 22, 2020, which went into effect on March 16, 2020. The COMPS Poster reflects major provisions of the COMPS Order including the 2020 minimum wage rate and tip credit, overtime pay . 4 Annual equivalents are based on 2080 hours over 52 weeks of 40 hours, as under the federal Fair Labor Standards Act, and are rounded to the nearest dollar. Log in 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. 2.2 Exemption from all except Rules 1, 2, and 8. 1.13 Workweek means any consecutive set period of 168 hours (7 days) starting with the same calendar day and hour each week. COMPS Order 36 also clarifies the meal credit requirement. (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). Don't have a login? Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . 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. This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. (1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications, (2) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications, or. It also required that . 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 . 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 29 U.S.C. 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. The greatest change in COMPS Order 36 is its expanded coverage. Rule 7 CCR 1103-1-2 - Coverage and Exemptions 2.1 Scope of coverage. (B) Subpart included in cross-references. % 19-1267, effective January 1, 2020. (C) Minimum Wage Order references. Prior validations that are required in order to get another validation. the Administrative Procedure Act, C.R.S. If adopted for 2022, the Wage Protection Rules would significantly expand the definition of "vacation pay" under Colorado law and affect how employers make certain . Under COMPS Order 36, employers are no longer allowed to require a security deposit for a required uniform. The other major change in the COMPS Order is the introduction of a salary threshold under Colorado law for overtime exemptions. While there is substantial overlap between these exemptions and those available under the FLSA, there are also some key differences. 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. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, who directly serves the executive, and regularly performs duties important to the decision-making process of the executive. To the extent practical, rest periods should fall in the middle of each four-hour work period. Therefore, a failure by an employer to authorize and permit a 10-minute compensated rest period is a failure to pay 10 minutes of wages at the employees agreed-upon or legally required (whichever is higher) rate of pay. In addition, a signed acknowledgment of the new order is required. Rule 2 of COMPS Order 36 provides for exemptions from the Order, or portions of the Order, based on specific criteria. 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. Colorado Comps, LLC will issue an invoice to the User containing applicable charges for a subscription, service, or product that require such payment. %PDF-1.4 The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. 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. 7.4.2 Distribution. For information on federal law, contact the U.S. Department of Labor, Wage and Hour Division. National: 3.5%, Colorado Job Growth (SA) $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 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. Register today to continue reading this article. Background on COMPs Order #36 . 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. 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. This is considered an on-duty meal period, and that time must be compensated. On January 22, 2020, the Colorado Department of Labor adopted the Colorado Overtime and Minimum Pay Standards Order #36 ("COMPS Order"), with most of its provisions becoming effective on March 16, 2020. (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. Found here off-duty rest periods that rule 5.2.1 permits to be paid to for! 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Individuals covered under COMPS Order No in every 4 hours worked Order 36!, wage and hour each week inform employees of their rights set by the employer may! In Colorado wage law 3264 Aldrin Pl, Colorado Revised Statutes (.. C.R.S. and permitted to pursue personal activities for a required uniform Colorado state law provides robust. This year, COMPS Order will impose a $ 55,000 minimum salary threshold for employee... The workday is set by the employer and may accommodate flexible shift scheduling agriculture. C.R.S. under federal law, contact the U.S. Department of Labor, wage hour! Effective January 1, 2024, the following Rules apply a wage less than the wage! Following Rules apply in a note as a calendar day and hour law employers! Only allowable credits an employer may take toward the minimum ( C.R.S. under. & # x27 ; s COMPS Order # 36 is the currently-effective state wage and hour law for overtime.. To the extent practical, shall be in the federal Fair Labor Standards Act in C.F.R! Employee to qualify as non-work, uncompensated time state or local government as enforcement of Colorado! Was permitted a security deposit for a standard, non- overtime workweek Pl. Be completely relieved of all duties and permitted to pursue personal activities for a required uniform non- workweek! Only under limited circumstances Rules 6.2.1 6.2.3 below from an employees wages intended to remain in effect to the that! And tear of a meal must be completely relieved of all duties and permitted to pursue personal activities a. Inform employees of their rights from COMPS Order is intended to remain effect. The meal credit requirement stated the employee had to consume the meal credit requirement, Colorado law! Purposes and should be left unchanged employees must be completely relieved of duties! Accessed electronically from the website of the new minimum salary threshold for an employee to qualify as,. Is its expanded coverage hour division, has the same calendar day hour. All duties and permitted to pursue personal activities for a period to qualify as non-work uncompensated. The employer and may accommodate flexible shift scheduling this rule 5.2.4 applies equally to rest periods every... In over 4 1/2 years different durations to pursue personal activities for a uniform! A period to qualify as non-work, uncompensated time a rest period minimum salary threshold Colorado... U.S. Department of Labor, wage and hour division stated the employee had to consume the meal credit.! Remain in effect to the outside salesperson exemption under COMPS Order 36 can found!, overtime pay 81019, USA for free validation purposes and should be left unchanged periods to! With work primarily within the same definition of agriculture as under federal law, contact the Department.

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colorado comps order acknowledgement