New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. 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. Employers are required to authorize or permit rest periods but are not required to ensure they are taken. Nov'22- Dec'22: 8,600 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. This exemption covers those who need not be compensated under the federal Fair Labor Standards Act (29 U.S.C. 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. 8-4-105, are also permitted. 8-6-116). 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,. or convenience of the employee, rather than of the employer; and. Violations may be subject to the administrative procedure as described in the Colorado Wage Act, C.R.S. Please be advised that the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order 36") went into effect on March 16, 2020. . Thus, for the first time on March 16, 2020, a vast swath of private sector employers will be subject to Colorados overtime, meal and rest break, travel time, and exemption rules that previously were limited to four discrete industries. 6.1 Tips or Gratuities. The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. 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. endobj 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. Agricultural jobs that are exempt from the federal minimum wage are also exempt from the Colorado minimum wage. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time. An employee receiving less than the full wages or other compensation owed is entitled to recover in a civil action the unpaid balance of the full amount owed, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage, pursuant to C.R.S. Background on COMPs Order #36 . 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 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. Read the code on FindLaw Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; and salespersons employed by trailer, aircraft, and boat (retail) dealers are exempt from Rule 4 (Overtime). 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. 4.1.5 In calculating when 12 consecutive hours are worked for purposes of the Rule 4.1.1 requirement of overtime after 12 hours, meal periods may be subtracted, but only if the meal periods comply with the Rule 5.1 requirements for meal periods. CO Agency Disclosure - Seller. ork, performing clean-up or other duties off the clock,. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. 8-4-101, et seq. The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. 18-4-401) if an employer or agent: (A) willfully refuses to pay wages or compensation, or falsely denies the amount of a wage claim, or the validity thereof, or that the same is due, with intent to secure for himself, herself, or another person any discount upon such indebtedness or any underpayment of such indebtedness or with intent to annoy, harass, oppress, hinder, coerce, delay, or defraud the person to whom such indebtedness is due (C.R.S. 8.5 Reprisals. Employers should be mindful that certain payment that are excluded from the regular rate of pay under the FLSA are not expressly excluded by COMPS Order 36, leading to a potential need to run separate state and federal overtime calculations. 5.1 Meal Periods. Under COMPS Order #38, the highly compensated employee exemption applies to employees (1) who are paid on a salary basis of at least $101,250 annually and at least $865.38 per week; (2) who customarily and regularly perform any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee; and (3) 1.10 Tipped employee means any employee engaged in an occupation in which s/he customarily and regularly receives more than $30 per month in tips. The employee must spend a minimum of 80% of the workweek in activities directly related to his or her own outside sales. (D) Laundry workers who (a) are inmates, patients, or residents of charitable institutions, and (b) perform laundry services, (c) in institutions where they reside. In response [] The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. (1) Rule 2.2.7 (F) exemption requires that field staff be paid either (a) the applicable Colorado minimum wage for all hours worked, or (b) a salary (i) equivalent to at least 42 hours per week at 90% of the Colorado minimum wage (with the 15% reduction that Rule 3.3 permits for unemancipated minors), (ii) reduced 25% for non-profit employers 1.2 Incorporation by reference. This field is for validation purposes and should be left unchanged. Overtime 85 8-3. Bank Owned. Higher education is exemptfrom these state mandated furloughs. COMPS Order 36 also clarifies the meal credit requirement. (1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications, (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. COMPS Order 36 eliminates the exemption for companions and domestic workers employed directly by households or family members to work in private residences. (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. 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. Signature* Clear Print Employee Name:* Date* -Month -DayYear Date Preview PDF Submit Should be Empty: (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. 8.6 Division and Dual Jurisdiction. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. Second, if the employees work is agricultural, qualified Medicaid-funded home care, or subject to a collective bargaining agreement, then rest periods can be five minutes in a four-hour period, so long as the employees rest periods average 10 minutes per four hours over the course of the workday. 24-4-103. 1.1 Authority and relation to prior orders. 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. (B) receives at least 5 minutes of rest in every 4 hours worked. 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. 2.4.2 Commission Sales. Part 541 Subpart G; Colo. Const. 1.8.2 Regular rate for employees paid a weekly salary or other non-hourly basis. The Division shall have jurisdiction over all q 2.2.10 Employees in highly technical computer-related occupations. (B) Property managers residing on-premises at the property they manage. 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 . 1.6 Employer, as defined by C.R.S. Compliance would include reviewing your compensation structure, pay grades, performance, hiring practices, and market benchmarking to start. 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. 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. Distribution: The CDLE requires, in its Rule 7.4.2 of 7 CCR 1103-1, that the most current COMPS Order poster (currently 38)also be distributed to employees "with any" handbook, manual or other policies, if and when an employer publishes or distributes any handbook, manual or policies. 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