Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. As noted in the previous post, COMPS order #36 is radical overhaul of Colorado's prior wage orders. The workday is set by the employer and may accommodate flexible shift scheduling. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, who supervises the work of at least two full-time employees and has the authority to hire and fire, or to effectively recommend such action. 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. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. (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. 1.13 Workweek means any consecutive set period of 168 hours (7 days) starting with the same calendar day and hour each week. On July 1, 2020, the annualized salary for exempt employees will be set at $35,568 (equal to the federal exemption salary under the FLSA). Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. (C) Student residence workers working in premises where they reside for sororities, fraternities, college clubs, or dormitories. Littler Lightbulb: Whats New in Colorado? 8-4-101(7), (8.5). This partial overtime exemption does not apply to ski area employees performing duties related to lodging. 1.9.2 Travel time means time spent on travel for the benefit of an employer, excluding normal home to work travel, and shall be considered time worked. Employees must be completely relieved of all duties and permitted to pursue personal activities, including by leaving the premises if desired. "W! WB
'y$A,Gbeih2)5K0)QUYX6#>vV^+2W The regular rate includes all compensation paid to an employee, including set hourly rates, shift differentials, minimum wage tip credits, non- discretionary bonuses, production bonuses, and commissions used for calculating hourly overtime rates for non-exempt employees. (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. Bid on Auction Property 11681 E Colorado Dr, Aurora, CO, 80012, USA for free! 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. 19-1267, effective January 1, 2020. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. This is a preview. Share. Learn More or Request a Demo. This exemption covers the below-listed in-residence employees. Violators may be subject to penalties under C.R.S. Please review the Colorado laws and download any applicable posters. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. 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. Exemptions from COMPS Order 36 and Increased Salary Thresholds. 8-12-105. Next . COMPS Order 36 replaces prior Minimum Wage Orders, which covered only four industries, and expands Colorado overtime, meal and rest break, and travel time requirements, as well as exemption tests, among other rules, to virtually all private employers in the state. Log in
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. This exemption covers an employee paid a salary, or hourly compensation, in accord with Rule 2.5, who: (A) is a skilled worker employed as a computer systems analyst, computer programmer, software engineer, or other similarly highly technical computer employee; (B) who has knowledge of an advanced type, customarily acquired by a prolonged course of specialized formal or informal study; and, (C) spends a minimum of 50% of the workweek in any combination of the following duties . References to the Colorado Minimum Wage Order shall be deemed to reference the COMPS Order, as the successor to the Colorado Minimum Wage Order. This article summarizes the key changes. Most provisions become effective March 16, 2020, with the exception of the increased salary thresholds, which begin on July 1, 2020. 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 . . (See my article below, posted 5/20/2020.) 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. By July 1, 2024, the COMPS Order will impose a $55,000 minimum salary threshold for an employee to qualify as exempt. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) (B) receives at least 5 minutes of rest in every 4 hours worked. Under Colorado law, for shifts in excess of five hours, employees are entitled to an uninterrupted, duty-free, 30-minute meal period. 2.2.10 Employees in highly technical computer-related occupations. COMPS Order 36 eliminates the exemption for companions and domestic workers employed directly by households or family members to work in private residences. 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. AS explained in that post, employers should review the CDLE's summary . It is theft under the Criminal Code (C.R.S. Employers that require their employees to sign an acknowledgment of receiving those materials, such as the commonly used handbook acknowledgment, must also require a signed acknowledgement that employees were provided a copy of COMPS Order 36 or Poster. 24-4-101, et seq. The Fair Labor Standards Act, 29 U.S.C. 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. 6.2.3 Tip Credit. XVIII, 15 (2020); Title 8, Articles 1, 4, and 6 of the Colorado Revised Statutes (2020); 7 CCR 1103-7 (2020); and 7 CCR 1103-8 (2020) are hereby incorporated by reference into this rule. COMPS Order36 sets forth detailed criteria for each of these exemptions. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. 7.4.1 Posting. 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. However . 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 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. 2.5.2 Exemption for Certain Professionals Exempt from the Salary Requirement under Federal Wage Law. The Division shall have jurisdiction over all q 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. is an acknowledgement and witnessing a signature the same thing. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. Every employer that requires employees to sign any handbook, manual, or policy shall, at the same time or promptly thereafter, include a copy of the COMPS Order, or a COMPS Order poster published by the Division, and have the employee sign an acknowledgement of being provided the COMPS Order or the COMPS Order poster. Minimum Wage and Overtime Poster Notice of Paydays Employment Security Act FAMLI Program Notice FAMLI Break Room Poster Although employers must understand and adapt to all aspects of the new legal framework brought about by the Colorado Department of Labor and Employment's new Colorado Overtime and Minimum Pay Standards Order #36 (COMPS Order), you should ensure you pay attention to the COMPS Order's significant new posting, distribution, and translation 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. 8-4-110(1)) and Division complaints for any violation (C.R.S. Part 541 Subpart G; Colo. 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