Acknowledgement of Occupant Rights - If Occupied. 2.5 Salary Thresholds for Certain Exemptions. The employee must regularly exercise independent judgment and discretion in matters of significance, with a primary duty that is non-manual in nature and directly related to management policies or general business operations. This is a preview. (2) "Drawee" means a person ordered in a draft to make payment. For federal workplace posters, contact the U.S. Department of Labor. Employers are required to authorize or permit rest periods but are not required to ensure they are taken. 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. Deductions, Credits, and Charges. 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. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. (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. There are narrow exceptions for qualifying doctors, teachers, lawyers, and employees in highly technical computer-related occupations. He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. 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. (B) receives at least 5 minutes of rest in every 4 hours worked. Exemptions from COMPS Order 36 and Increased Salary Thresholds. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. Stat. 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. 7.1 Employee Records. 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 Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . Employers must post a COMPS Order 36 poster, distribute it to employees, and obtain employees signed acknowledgement of receipt. COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. 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. As such, for employees paid near the minimum salary level who work a high number of hours, it may be necessary to pay additional compensation in workweeks where the employee works a great number of hours. 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. This Rule 5.2.4 applies equally to rest periods that Rule 5.2.1 permits to be of different durations. 7.3 Maintenance of Earnings Statement Information. providing food and beverage services at on-mountain locations, are exempt from (within Rule 4) the 40-hour overtime requirement but not the requirement of overtime pay for over 12 hours that are consecutive or are within a workday. (B) Subpart included in cross-references. 8-1-108 ([G]eneral orders shall be effective after they are adopted by the director and posted; All orders of the division shall be in force and prima facie reasonable and lawful until found otherwise.); 8-1-111 (The director is vested with the power and jurisdiction to have such supervision of every employment and place of employment [to] determine the conditions under which the employees labor , to enforce all provisions of law relating thereto to administer all provisions of this article with respect to the relations between employer and employee and to do all other acts and things convenient and necessary to accomplish the purposes of this article.); 8-1-130 (The director has full power to hear and determine all questions within his jurisdiction, and his findings, award, and order issued thereon shall be final agency action.); 8-4-111 (It is the duty of the director to enforce generally the provisions of this article.); 8-6-102 (Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed.); 8-6-104 (It is unlawful to employ workers in any occupation for wages which are inadequate to supply the necessary cost of living and to maintain the health of the workers . (D) Laundry workers who (a) are inmates, patients, or residents of charitable institutions, and (b) perform laundry services, (c) in institutions where they reside. 2.2.3 Professional employees. 7.4.1 Posting. 4 0 obj The page you are about to view is currently not optimized for mobile devices. 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. 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. Higher education is exemptfrom these state mandated furloughs. Effective January 1, 2021, the Colorado minimum wage will increase to $12.32 per hour for nonexempt employees. Employer Record-Keeping and Posting Requirements. Other jobs in agriculture are exempt from Rule 4 (Overtime) and Rule 5.1 (Meal Periods). % In order to be exempt from overtime requirements, Colorado employees must now meet a rising minimum salary threshold that exceeds the federal threshold: $40,500 on Jan. 1, 2021 $45,000 on Jan. 1, 2022 $50,000 on Jan. 1, 2023 $55,000 on Jan. 1, 2024 The following are exempt from the COMPS Order except Rules 1 (Authority and . Additionally, COMPs Order #36 set Colorado's minimum wage at $12 per hour. Previously, only a handful of industries were required to provide meals and breaks to their employees. 8.5 Reprisals. Colorado employers generally are required to permit a compensated 10-minute rest period for every four hours of work, or major fractions thereof. (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. (B) No minimum claim size. 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. If pay is on a piece- rate, salary, commission, or other non-hourly basis, any overtime compensation is based on an hourly regular rate calculated from the employees pay. 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. 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. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. 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. 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. When an employees shift is less than 24 hours, periods when s/he is permitted to sleep are compensable work time, as long as s/he is on duty and must work when required. endobj 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. Compliance would include reviewing your compensation structure, pay grades, performance, hiring practices, and market benchmarking to start. 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. 8.8 Separability. (A) Availability of court action or Division administrative complaint. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. January 1, 2021 January 1, 2022 January 1, 2023 January 1, 2024 January 1, 2025, Weekly Overtime-Exempt Salary (& Rounded Annual Equivalent) $684.00 per week ($35,568 per year), The 2024 salary adjusted by the same CPI as the Colorado Minimum Wage, For any employer that is not subject to the $684 per week salary under this Rule 2.5.1 for all or part of 2020, the required salary is the equivalent of the Colorado $12.00 minimum wage, less any applicable lawful credits, for all hours worked in a workweek.5. 4.2 Effect of Daily Overtime on Workday and Workweek. 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. Colorado has followed the sweeping changes to its minimum wage, overtime, and other wage and hour rules implemented under Colorado Overtime and Minimum Pay Standards (COMPS) Order #36 with more changes, including a revamped transportation worker exemption. 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. (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. 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. (C) recorded in a written agreement (electronic form is acceptable) that states the fact and amount of the credit (but need not be a lease). COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. (C) Minimum Wage Order references. 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. 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 . Billing/Credit Card Authorization. (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. References to the Colorado Minimum Wage Order shall be deemed to reference the COMPS Order, as the successor to the Colorado Minimum Wage Order. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. New York and New Jersey Join Growing Ranks of States Penalizing Call Center Relocation, Thinking It Through: Wage and Hour Implications of Employer Responses to the Coronavirus, WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February Edition), Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related, The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020. 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