Print. 8.6 Division and Dual Jurisdiction. 8.3 Investigations. For federal workplace posters, contact the U.S. Department of Labor. 2.2 Exemption from all except Rules 1, 2, and 8. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) the Administrative Procedure Act, C.R.S. 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. It includes time employers permit or require employees to be on the premises, on-duty, or at prescribed workplaces, but does not include merely permitting an employee completely relieved from duty to arrive or remain on the premises. 7.3 Maintenance of Earnings Statement Information. Additional exemptions under Rule 2.2 exist for qualifying owners and proprietors, interstate transportation workers and taxi cab drivers, in-residence workers, range workers in jobs related to herding or production of livestock, field staff of seasonal camps or outdoor education programs, bona fide volunteers and work-study students, and elected officials and their staff. 1.9.1 Requiring or permitting employees to be on the employers premises, on duty, or at a prescribed workplace (but not merely permitting an employee completely relieved from duty to arrive or remain on-premises) including but not limited to, if such tasks take over one minute, putting on or removing required work clothes or gear (but not a uniform worn outside work as well), receiving or sharing work-related information, security or safety screening, remaining at the place of employment awaiting a decision on job assignment or when to begin w 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. 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. 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. """"""W{@. See Appendix A for citations. 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. 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. New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. $13.65 / Hour COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. 2.2.9 Elected officials and their staff. Second, Colorado state law provides more robust coverage than current federal overtime law. Unlike with meal periods, employers need not permit employees to leave the premises for their rest periods. Under Rules 7.1 and 7.3, employers are required to maintain records of an employees (a) name, address, occupation, and date of hire; (b) date of birth, if the employee is under 18 years of age; (c) daily record of all hours worked; (d) record of credits claimed and of tips; and (e) regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. 2.5 Salary Thresholds for Certain Exemptions. In prior minimum wage orders, the meal credit requirement stated the employee had to consume the meal before the deduction was permitted. Three Modifications to the Order (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. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. To the extent practical, rest periods should fall in the middle of each four-hour work period. Part 541 Subpart G; Colo. Const. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. 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 an employee working primarily away from the employers place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real estate, wares, merchandise, or services. The other major change in the COMPS Order is the introduction of a salary threshold under Colorado law for overtime exemptions. 3.1 Statewide Minimum Wage. Employers must post the new Colorado COMPS Poster to inform employees of their rights. Were ready for your tomorrow because were built for it. Colorado Comps, LLC will issue an invoice to the User containing applicable charges for a subscription, service, or product that require such payment. 24-4-103. INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36summarizes key parts and interpretations of COMPS Order #36.The Division'sStatement of Basis, Purpose, Authority, and Findingsoffers more detail on the nature, basis for, and findings underlying all changes. 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. As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. 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. User authorizes Colorado Comps, LLC to process charges from a credit card account provided by the User. 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. See C.R.S. On the March 16, 2020 effective date, the Colorado Department of Labor and Employment Division of Labor Standards and Statistics ("Division") adopted three temporary changes to the Order, as well as a one-month compliance grace period. Under Colorado law, for shifts in excess of five hours, employees are entitled to an uninterrupted, duty-free, 30-minute meal period. This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. is an acknowledgement and witnessing a signature the same thing. 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. By Jennifer S. Harpole, Joshua B. Kirkpatrick, Lauren E. Meyerholz, and Tommy Postek on, General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Global Workplace Transformation Initiative. Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics new Colorado Overtime and Minimum Pay Standards Order Number 36 (COMPS Order 36). The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. 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. Learn More or Request a Demo. The greatest change in COMPS Order 36 is its expanded coverage. 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. According to the CDLE, 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. Absent such an understanding, the hourly regular rate is the applicable weekly pay divided by 40, the number of hours presumed to be in a workweek for an employee paid no overtime premium. 8.5 Reprisals. 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. As under federal law, hours in two or more weeks cannot be averaged in computing overtime. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. 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. 7.2 Issuance of Earnings Statement. Employers must also make a copy of COMPS Order 36 or Poster available upon any employees request. 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. Register today to continue reading this article. 2.5.1 For exemptions requiring a salary, the Salary Requirement rules of the federal Fair Labor Standards Act in 29 C.F.R. (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. 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. Copy of COMPS Order 36 is its expanded coverage must post the new COMPS! 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