The professional employee must be employed in the field in which s/he was trained. 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. (4) Reserved. 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. Detailed information regarding the requirements under COMPS Order 36 can be found here. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. 4 0 obj 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. Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. endobj AS explained in that post, employers should review the CDLE's summary . Under Colorado law, for shifts in excess of five hours, employees are entitled to an uninterrupted, duty-free, 30-minute meal period. The following are exempt from the COMPS Order except Rules 1 (Authority and . 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 . 6.1 Tips or Gratuities. 6.2.3 Tip Credit. The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. In a significant departure from federal law, COMPS Order 36 defines any tasks taking over one minute as time worked. Some examples of time worked referenced in COMPS Order 36 include time spent putting on or removing required work clothes or gear, but not uniforms worn outside work as well; remaining at work awaiting a decision on a job assignment or when to begin work; receiving or sharing work-related information; performing clean-up or other duty off-the-clock; security or safety screening; clocking or checking in or out; and waiting to perform any of these tasks. 3 0 obj They can be accessed electronically from the website of the Colorado Secretary of State. <> stream 8-6-108.5. Rule 7. COMPS Order 36 eliminates the exemption for companions and domestic workers employed directly by households or family members to work in private residences. CO Agency Disclosure - Seller. Section 8 - Colorado Addendum 84 8-1. Tips include amounts designated as a tip by credit card customers on their charge slips. Colorado Agreement and Acknowledgment of Obligations to Employer and Customer Subscribe to US Legal Forms the largest online library of legal templates. The COMPS Poster reflects major provisions of the COMPS Order including the 2020 minimum wage rate and tip credit, overtime pay . 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. 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 . The effective date of COMPS Order # 36 is March 16, 2020. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. Significantly, if an employer distributes a handbook, a manual, or written or posted policies to employees, as many employers do, it must include a copy of COMPS Order 36 or Poster. 36 poster, which appears on the division's COMPS Order No. Please reach out to us at firstcall@corestaurant.org 80/20 Rule Resources Side Work Policy Acknowledgement Page 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) (C) Student residence workers working in premises where they reside for sororities, fraternities, college clubs, or dormitories. Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows: 5.2.1 Rest periods shall be 10 minutes unless, (A) on a given workday, or in a writing covering up to a one-year period that is signed by both parties, the employee and the employer agree, voluntarily and without coercion, to have two 5-minute breaks, as long as 5 minutes is sufficient, in the work setting, to allow the employee to go back and forth to a bathroom or other location where a bona fide break would be taken; or. Deductions, Credits, and Charges. 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. 7.3 Maintenance of Earnings Statement Information. Littler Lightbulb: Whats New in Colorado? 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. Critically, if an employee voluntarily chooses to work during his or her rest period, additional pay is not required. 2.2.2 Executives or supervisors. 1.7 Minor, for purposes of wage provisions specific to minors, means a person under 18 years of age, but not one who has received a high school diploma or a passing score on the general educational development examination. Employers need not pay employees on an hourly basis. 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. 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. 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. . 8.2 Complaints. 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 1.9.3 Sleep time means time an employee may sleep, which is compensable as follows. 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. Nor may employers provide time off, or comp time, in lieu of paying time and a half for overtime hours. 19-1267, effective January 1, 2020. Additionally, COMPs Order #36 set Colorado's minimum wage at $12 per hour. 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. (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. 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. (B) Employees in highly technical computer-related occupations, as defined by Rule 2.2.10, must receive at least the lesser of (1) the applicable salary in Rule 2.5.1, or (2) hourly pay that is at least $27.63 in 2020, adjusted annually by CPI thereafter. Violations may be subject to the administrative procedure as described in the Colorado Wage Act, C.R.S. Share. 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. 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. CFR Title 47. not apply to the state or its agencies or entities, counties, cities and counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or districts organized and existing under the laws of Colorado.2 Foreign labor contractor and field labor contractor have the definitions in C.R.S. (B) Property managers residing on-premises at the property they manage. The proposed COMPS Order clarifies that, "to the extent practical," rest periods shall be provided in the middle of each four-hour work period. Denver, CO 80202-3660 Every employer subject to the COMPS Order must display a COMPS Order poster published by the Division in an area frequented by employees where it may be easily read during the workday. 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 . 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). 8-4-101(14). 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. 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). Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! e!Jw"Q{>4k^C:T-cu }bn+]1RhSUy:#9rUnAK>r#?Z4bH6erDG)HL#LmFu)~Q{?^{;hes~#0#0 ^BI:%R%ZW aUAWa UFfk,ysR73Nz_@BQ2]"EH_:B j6y=5Vh+[i\]J6*Q>/|ZyaKCB:_#JfeHYFV;4,Am$t}^|, X> The COMPS Order is intended to remain in effect to the maximum extent possible. (2) "Drawee" means a person ordered in a draft to make payment. ! !.Q]"46D.Ef\nt@#'H$Ft uNM_g_I$KAd}:(BDY=H68yJ;e}D4Ad1,aHhh/u q6#WDEDV'hX?GJ}O_Q#bk^"'h tDgniT: Bank Owned. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. (E) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. Where any Division rule references another rule, the reference shall be deemed to include all subparts of the referenced rule. 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. Transportation Worker Exemption A new rule in COMPS Order #37 (Rule 2.4.6) provides that . For individuals covered under COMPS Order #38, the following rules apply. This exemption covers individuals elected to public office and members of their staff. While COMPS Order 36 does not change the requirements under Colorado law with respect to meal and rest periods, it provides clarification on a number issues where there was previously confusion. 4.2 Effect of Daily Overtime on Workday and Workweek. 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. 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. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. <> 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. Higher education is exemptfrom these state mandated furloughs. There are narrow exceptions for qualifying doctors, teachers, lawyers, and employees in highly technical computer-related occupations. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . (3) "Drawer" means a person who signs or is identified in a draft as a person ordering payment. 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. (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. 8-4-121, 8-6-118. 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 . Finally, COMPS Order 36 exempts certain categories of employees from its overtime rule. Any person may register with the Division a written complaint that alleges a violation of the COMPS Order within 2 years of the alleged violation(s), except that actions brought for a willful violation shall be commenced within 3 years. 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. 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. 19-1267, effective January 1, 2020. 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? 1.2 Incorporation by reference. 8-4-111(1)(a)). If a local government has enacted a higher minimum wage a practice that has surged due to recent legislation in Colorado work covered by the local minimum wage ordinance must be paid at that higher wage. 7.4.3 Translation. 1 0 obj 8.6 Division and Dual Jurisdiction. Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. Under COMPS Order 36, employers are no longer allowed to require a security deposit for a required uniform. Pursuant to C.R.S. (B) No minimum claim size. endobj 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 . 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. When work-related interruptions prevent 5 hours of sleep, the employee shall be compensated for the entire workday. . Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. 4.1.4 Performance of work in two or more positions, at different pay rates, for the same employer, shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the federal Fair Labor Standards Act. Only actual sleep time may be excluded, up to a maximum of 8 hours per workday. 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. 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.). 16 0 obj The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. 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. 8.8 Separability. 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 COMPS order has left many unanswered questions. 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 29 U.S.C. 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. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. 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. Colorado: COMPS Order Acknowledgment Form 264 Maine: Receipt of Non-Harassment Policy 265 Massachusetts: Receipt of Non-Harassment Policy 268 Second, Colorado state law provides more robust coverage than current federal overtime law. Three Modifications to the Order 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. 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