(B) Property managers residing on-premises at the property they manage. 2.4 Exemptions from Overtime Requirements of the COMPS Order. 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. See Appendix A for citations. 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. 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. Rule 7 CCR 1103-1-2 - Coverage and Exemptions 2.1 Scope of coverage. Nov'22- Dec'22: 8,600 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. 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. Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. An employer shall retain records reflecting the information contained in an employees itemized earnings statement as described in this rule for at least 3 years after the wages or compensation were due, and for the duration of any pending wage claim pertaining to the employee. 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. Background information and additional resources on the COMPS Order: In a rulemaking effort that began in summer 2019, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment replaced theannually issuedMinimum Wage Orderwith Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36. In response this blog noted that the CDLE has just issued some additional information. (B) receives at least 5 minutes of rest in every 4 hours worked. 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. Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . For new hires, distribution must be made within the first month of employment. Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. (D) interruptions to perform duties are considered time worked. ! !.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: 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. 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. Log in Read more items tagged with the same topics C.R.S. 8-4-103(6). Tips include amounts designated as a tip by credit card customers on their charge slips. 7.4 Posting and Distribution Requirements. User authorizes Colorado Comps, LLC to process charges from a credit card account provided by the User. 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. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. 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. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. (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. Prior validations that are required in order to get another validation. 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. 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. 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. 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. This Order. Don't have a login? Additionally, COMPS Order 36 allows employers to take a credit towards minimum wage in several narrowly defined circumstances, including through a lodging credit, meal credit, or tip credit. 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. Employers with any employees with limited English language ability shall: (A) use a Spanish-language version of the COMPS Order and poster published by the Division, if the employee(s) in question speak Spanish; or. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. 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. Other jobs in agriculture are exempt from Rule 4 (Overtime) and Rule 5.1 (Meal Periods). $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 The following are exempt from the COMPS Order except Rules 1 (Authority and . 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. 5.1 Meal Periods. 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. (A) Liberal construction of COMPS, narrow construction of exceptions/ exemptions. or convenience of the employee, rather than of the employer; and. COMPS Order 36 also clarifies the meal credit requirement. 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 Subject to the specific requirements set forth in COMPS Order 36, agricultural jobs are exempt from the Orders overtime and meal period rules. The professional employee must be employed in the field in which s/he was trained. The Division is expected to periodically issue additional guidance regarding COMPS Order 36 through Interpretive Notice and Formal Opinions (INFOs). Please review the Colorado laws and download any applicable posters. (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. Paid Sick Leave 88 Section 9 - District of Columbia Addendum 93 . (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. For individuals covered under COMPS Order #38, the following rules apply. COMPS Order 36 defines compensable time worked as all time performing labor or services for an employers benefit, including all time employees are suffered or permitted to work, whether or not required. after investigation, determines and prescribes by order and which shall apply equally to all employers in such industry or occupation.); 8-6-116 (The minimum wages fixed by the director, as provided in this article, shall be the minimum wages paid to the employees, and the payment of a wage less than the minimum is unlawful); 8-6-117 (In every prosecution of this article, the minimum wage established by the director shall be prima facie presumed to be reasonable and lawful and the wage required to be paid. COMPS Order36 sets forth detailed criteria for each of these exemptions. 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. 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. 6.2 Credits Toward Minimum Wages. 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. 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. 24-4-103. In response [] 4.3 Overtime for Minors. endobj 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. The findings of fact made by the director acting within prescribed powers, in the absence of fraud, shall be conclusive.); 8-12-115 (The director shall enforce this article and shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article.); and. 8-4-101, et seq. 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. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. (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. 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. 6.2.3 Tip Credit. 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. 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. It is important to understand these requirements, as immediate action is required for compliance. Billing/Credit Card Authorization. 2.4.4 Medical Transportation. Previously, only a handful of industries were required to provide meals and breaks to their employees. 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. 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. CO Agency Disclosure - Seller. 1.12 Workday means any consecutive 24-hour period starting with the same hour each day and the same hour as the beginning of the workweek. COMPS Order 36 provides that an employer may not reduce wages for a meal, unless the employee accepts the meal voluntarily and without being coerced. 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. 1.1 Authority and relation to prior orders. 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. 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. %PDF-1.4 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. 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. 2.5.2 Exemption for Certain Professionals Exempt from the Salary Requirement under Federal Wage Law. Therefore, employers must authorize or permit 10-minute, off-duty rest periods for every four hours of work, in accordance with the following chart: Rest periods are required to be compensated. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. 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. 2.2 Exemption from all except Rules 1, 2, and 8. Rule 7. Already an XpertHR user? The Colorado minimum wage is set forth in the state constitution, and for 2020 is $12.00 per hour, or $8.98 per hour for tipped employees. 7.3 Maintenance of Earnings Statement Information. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. 6.3.2 The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from an employees wages. (4) Reserved. Such an agreement does not change an employees right to pay for rest periods under Rule 5.2.4. 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. 5.2 Rest Periods. 19-1267, effective January 1, 2020. The Fair Labor Standards Act, 29 U.S.C. It adds an exemption for the highest-ranked and highest paid employee of a non-profit, as long as that person is paid within the minimum salary threshold discussed below. This field is for validation purposes and should be left unchanged. Adopted on January 22, 2020. <> stream 11681 E COLORADO DR. Aurora, CO 80012. 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. The workday is set by the employer and may accommodate flexible shift scheduling. For information on federal law, contact the U.S. Department of Labor, Wage and Hour Division. (A) Casual babysitters employed in private residences directly by households, or directly by family members of the individual(s) receiving care from the babysitter. the Administrative Procedure Act, C.R.S. 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. On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order now called COMPS order #36 effective March 16, 2020. A lodging credit for housing furnished by the employer and used by the employee may be considered part of the minimum wage if it is: (A) no greater than the smaller of (1) the reasonable and actual cost to the employer of providing the housing, (2) the fair market value of the housing, or (3) $25 per week for a room (in a shared residence, dormitory, or hotel) or $100 per week for a private residence (an apartment or a house); (B) accepted voluntarily and without coercion, and primarily for the benefit The effective date of COMPS Order # 36 is March 16, 2020. (4) paid for whatever hours the employee works in a workweek. <> The employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. 8-4-101(6), has the same meaning as in the federal Fair Labor Standards Act at 29 U.S.C. endobj 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. The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). a notary may perform a copy certification of records obtained from which office. 8-6-102 Construction provision (Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed by such court.), applicable to rules on wages which are inadequate to supply the necessary cost of living ( 8-6-104), on conditions of labor detrimental to [worker] health or morals ( 8-6-104), on conditions of labor and hours of employment not detrimental to health or morals for workers ( 8-6-106), on what are unreasonably long hours ( 8-6-106), on what requirements are necessary to carry out the provisions of this article ( 8-6-108.5), and on minimum and overtime wages ( 8-6-109, -111, -116, -117): The provisions of the COMPS Order shall be liberally construed, with exceptions and exemptions accordingly narrowly construed. These exemption definitions are the same as in prior Minimum Wage Orders, but now apply across the private sector, not just to the four previously covered industries. (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. Michael Lore is the founder of The Lore Law Firm. 7.4.1 Posting. 2.2.7 In-residence workers. 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