Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage. 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. Nothing in Rule 4 modifies the provisions on work hours for minors contained in C.R.S. Already an XpertHR user? The Fair Labor Standards Act, 29 U.S.C. 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. Because a rest period requires 10 minutes of pay without work being performed, work during a rest period is additional work for which additional pay is not provided. 2.4.3 Ski Industry. The Rule 2.5.1 salaries do not apply to the following professionals who are exempt from the requirement of a salary under federal wage law. 8-6-116). Littler Lightbulb: Whats New in Colorado? Copies may be obtained from the Division of Labor Standards & Statistics at a reasonable charge. Rule 2 of COMPS Order 36 provides for exemptions from the Order, or portions of the Order, based on specific criteria. 8-4-121, 8-6-118. In addition to state wage requirements, federal or local laws or regulations may apply minimum, overtime, or other wage requirements to some or all Colorado employers and employees. (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. COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER) ACKNOWLEDGEMENT OF RECEIPT I HAVE BEEN PROVIDED AND HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THE COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER #38) POSTER. 16 0 obj The materials and information included in the XpertHR service are provided for reference purposes only. 8-4-101(5), means any person, including a migratory laborer, performing labor or services for the benefit of an employer. 4.1.3 Hours worked in two or more workweeks shall not be averaged for computing overtime. 2.5 Salary Thresholds for Certain Exemptions. 8-4-101(14). Exemptions from COMPS Order 36 and Increased Salary Thresholds. (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. 19-1267, effective January 1, 2020. 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. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 4 0 obj It adds an exemption for the highest-ranked and highest paid employee of a non-profit, as long as that person is paid within the minimum salary threshold discussed below. 11681 E COLORADO DR. Aurora, CO 80012. 7.3 Maintenance of Earnings Statement Information. As a result, all Colorado employers must review their current policies and practices immediately to ensure compliance by next month's effective date. 8-4-103(1)(a)), and authorizes civil actions to recover any amount of wages or compensation (C.R.S. ork, performing clean-up or other duties off the clock,. 8.8 Separability. (A) Casual babysitters employed in private residences directly by households, or directly by family members of the individual(s) receiving care from the babysitter. 2.2.6 Interstate transportation workers and taxi cab drivers. 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. clocking or checking in or out, or waiting for any of the preceding shall be considered time worked that must be compensated. 1.1 Authority and relation to prior orders. 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 . (2) "Drawee" means a person ordered in a draft to make payment. COMPs Order #36 mandated that almost every employer in Colorado provide meal and rest breaks to their employees. or convenience of the employee, rather than of the employer; and. The public hearing on COMPS Order #36 was held on Monday, December 16, 2019 at 3:00 pmat theColorado Division of Labor Standards and Statistics, 12th Floor Conference Room, 633 17th Street, Denver, CO 80202.The hearing was transcribed, and a draft of thetranscript is publicly available, in addition to all the comments received, and the transcript of the Division's pre-rulemaking public meeting which took place on August 28, 2019. Print. (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 Bid on Auction Property 3264 Aldrin Pl, Colorado City, CO, 81019, USA for free! after investigation, determines and prescribes by order and which shall apply equally to all employers in such industry or occupation.); 8-6-116 (The minimum wages fixed by the director, as provided in this article, shall be the minimum wages paid to the employees, and the payment of a wage less than the minimum is unlawful); 8-6-117 (In every prosecution of this article, the minimum wage established by the director shall be prima facie presumed to be reasonable and lawful and the wage required to be paid. Changes to COMPS Order #36 and Leniency by the Colorado Division of Labor. 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. . The professional employee must be employed in the field in which s/he was trained. However . 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. It also required that . 4.2 Effect of Daily Overtime on Workday and Workweek. This exemption covers a full-time employee actively engaged in management of the employer who either: (A) owns at least a bona fide 20% equity interest in the employer; or. Michael Lore is the founder of The Lore Law Firm. 6.2 Credits Toward Minimum Wages. (B) intentionally pays or causes to be paid to any such employee a wage less than the minimum (C.R.S. Violators may be subject to penalties under C.R.S. If any part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the remainder of the COMPS Order remains valid, and (B) if the provision is held not wholly invalid, but merely in need of narrowing, the provision should be retained in narrowed form. 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. CO Agency Disclosure - Seller. 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. 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. 24-4-103. 1 The Rule 1.5 definition of employee parallels the statutory amendment to the employee definition enacted by Colorado 2019 House Bill (H.B.) 8-4-105, are also permitted. An itemized earnings statement of the information in Rule 7.1 shall be provided to each employee each pay period. 7.4 Posting and Distribution Requirements. L1gUskihs0Y)V"WD\ u[|L9,iaa"2ih:` N\,#MJ"'a: Qe]V7STVA'"SJf0i}V[, .B&tyVwEzE~@Os7]I l*uKQfn ,YNh LPm_5!wt (m7,._^J{E2[X|5~RDm!o-lsIl4-Ftey0fW,4"""""2Ma2romE`ih6R}V`RnRWW1d&V ?GF.e{H([/N/peS,|}F|D. Rule 5.2 of COMPS Order 36 clarifies prior Minimum Wage Order language that required rest periods for each four hours of work or major fraction thereof. COMPS Order 36 makes clear that a major fraction means two hours. 6.3.1 Where wearing a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel, with the following exceptions: (A) if the uniform furnished by the employer is plain and washable, and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning; and. (a) In this title: (1) "Acceptor" means a drawee who has accepted a draft. 8.2 Complaints. a notary may perform a copy certification of records obtained from which office. 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. Next . 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. COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, Division of Labor Standards and Statistics, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #367 CCR 1103-1 (2020). Critically, interstate transportation workers (many of whom would qualify for exemption from the FLSA under the Motor Carrier Act exemption) are required to actually cross state lines, as opposed to merely transporting goods in the chain of interstate commerce, to be engaged in interstate commerce. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5, employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. 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. 2.2.3 Professional employees. 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. The only allowable credits an employer may take toward the minimum wage are those in Rules 6.2.1 6.2.3 below. 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. % 2.2.9 Elected officials and their staff. The Division of Labor Standards and Statistics (Division) has taken the position that a full additional 10 minutes of pay is required even if the employee takes a shortened rest period. Emancipated minor means any individual less than eighteen years of age who meets the definition provided by C.R.S. 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. Previously, only a handful of industries were required to provide meals and breaks to their employees. The new minimum salary thresholds for exemption from overtime began on July 1, 2020. 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. Employers must post a COMPS Order 36 poster, distribute it to employees, and obtain employees signed acknowledgement of receipt. Simply choose your state, look for a form, and download a state-specific template. Rule 7. Paid Sick Leave 88 Section 9 - District of Columbia Addendum 93 . 8-4-101(7), (8.5). 36 informational page, outlines critical wage rights and responsibilities that are to take effect March 16, including minimum-wage eligibility, overtime pay for work in excess of 40 hours in a week or 12 hours in a day . On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order now called COMPS order #36 effective March 16, 2020. 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. COMPS Order 36 provides two narrow exceptions from the requirement that employers provide 10-minute, off-duty rest periods for every four hours worked. 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. This exemption is applicable for only employees of retail or service employers who receive over 75% of their annual dollar volume from retail or service sales. 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. 4.3 Overtime for Minors. 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. They can be accessed electronically from the website of the Colorado Secretary of State. 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. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). 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. Register today to continue reading this article. 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. 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 2023 The Lore Law Firm | Attorney Advertisement |, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #36, Website Design by Omnizant - View site in new window. 2.5.2 Exemption for Certain Professionals Exempt from the Salary Requirement under Federal Wage Law. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in. Pursuant to C.R.S. Effective January 1, 2020, under the minimum wage requirements of Article XVIII, Section 15, of the Colorado Constitution, all employees (with the exceptions detailed in Rule 3.3), whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than $12.00 per hour, less any applicable lawful credits or exceptions noted, for all hours worked, if the employee is covered by either: (A) Rule 2 (Coverage and Exemptions) of the COMPS Order; or, (B) the minimum wage provisions of the federal Fair Labor Standards Act (29 U.S.C. (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems. Prior Wage Orders covered only four industries: Retail/Service, Food/Beverage, Health/Medical, and Commercial Support Service. 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. 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. The COMPS Order rejects those decisions and imposes a much more onerous requirement that employers generally pay for any time worked over one minute. Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy, Colorado Overtime & Minimum Pay Standards (COMPS) Order. Employers must post the new Colorado COMPS Poster to inform employees of their rights. New to COMPS Order 36 are increased salary thresholds that, beginning January 1, 2021, exceed the requirements of the FLSA. 2.2 Exemption from all except Rules 1, 2, and 8. 5.2.3 Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations. 201, 3.2 Minimum and Overtime Wage Requirements of Other Applicable Jurisdictions. AS explained in that post, employers should review the CDLE's summary . 2.1 Scope of coverage. Employers should note that salaried exempt employees must still be paid Colorado minimum wage for all hours worked. (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. 2.3.3 Jobs in agriculture means jobs with work primarily within the same definition of agriculture as under 29 U.S.C. Part 541 Subpart G, apply, except that under the COMPS Order, the salary must be at least the level listed below and sufficient for the minimum wage for all hours in a workweek (with the exception of certain professionals listed in Rule 2.5.2). 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. National: 3.5%, Colorado Job Growth (SA) 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 . 8-4-110(1)) and Division complaints for any violation (C.R.S. 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,. Tipped employees are those engaged in an occupation in which they customarily and regularly receive more than $30.00 per month in tips. Adopted on January 22, 2020. (2) at least 5 minutes of rest in every 4 hours worked. The other major change in the COMPS Order is the introduction of a salary threshold under Colorado law for overtime exemptions. The COMPS order has left many unanswered questions. In response this blog noted that the CDLE has just issued some additional information. Were ready for your tomorrow because were built for it. Pay stubs still must comply with the Colorado Wage Acts required pay statement elements, however, including: (a) gross wages earned; (b) all withholdings and deductions; (c)net wages earned; (d) inclusive dates of the pay period; (e) name of the employee or the employees Social Security number; and (f) name and address of the employer. <> COMPS Order 36 covers all private sector employees, unless explicitly exempted by the Order as further discussed below. For employers covered by prior Minimum Wage Orders, COMPS Order 36 provides some clarification, but does not materially change, their obligations with respect to pay for travel time, as the prior orders defined travel time as all time spent at the control or direction of an employer, excluding normal home to work travel. 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