July 1, 2020: $35,568 per year ($684.00 per week)** 2. Rule 1. The FLSA specifically covers certain jobs, and exempts others from overtime pay. Overtime laws in Colorado and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group. This site is a free public service not affiliated with the Department of Labor or any governmental organization. Oct'20 - Nov'20:  -6,900 The most significant 2020 changes to Colorado’s overtime laws provide greater overtime pay rights to 1) salaried administrative employees who do not directly serve an executive, 2) salaried executive or supervisory employees who do not spend at least 50% of their time performing supervisory duties, and 3) truck drivers who never leave the state. Establishing a minimum salary for exempt employees in Colorado* 1.  Colorado Job Growth (SA) The minimum wage for all hours worked must be paid in accordance with the Wage Order, the Colorado Constitution and federal law. Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. Medical transportation personnel are exempt from the daily 12 hour overtime threshold. If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Colorado and federal overtime regulations. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Colorado overtime laws). The Colorado Overtime and Minimum Pay Standards Order #36 defines who counts as a tipped employee for legal purposes. Most hourly employees in Colorado are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act). 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 … What has transpired in the months since then has been truly dizzying: a … Usage is subject to our Terms and Privacy Policy. As outlined in this press release, on Wednesday, January 22, 2020, the Colorado Division of Labor Standards and Statistics adopted the Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36, which replaces Colorado Minimum Wage Order #35.While we here at Employers Council have been reporting on the proposed and pending rules, the final rule has some significant last … Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. A number of professions are exempt from Colorado's overtime laws, including … If your job is eligible for overtime protection under Colorado and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. 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. National: 6.7% Employees may also be covered under the Fair Labor Standards Act, a federal law addressing minimum wage and overtime pay. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Colorado overtime eligibility. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. In 2008, close to 200,000 employees sucessfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage backwages from their employers as a result of filing an FLSA violation claim. On the one hand, it raises the salary threshold enough to make 1.3 million workers eligible for overtime pay. If you believe your employer owes you overtime, learn how to file an overtime claim in Colorado. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. View Sitemap. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. The following information only applies to non-exempt employees covered by COMPS Order #36 (most employees). The following calculation examples assume the employee is non-exempt from overtime requirements of the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36.For more information about COMPS coverage contact the Division at 303-318-8441.. External salespeople (who often set their own hours) are also exempted from CO overtime requirements, as are some types of computer-related workers. The yearly earnings estimate of $24,960.00 is based on 52 standard 40-hour work weeks. The new exempt salary threshold would become effective on July 1, 2020. Additional state labor laws in Colorado also entitle any employee who works for more then 12 hours in a single day to be paid at least one and a half times their normal rate for all hours worked over the overtime limit. The Colorado Overtime &, Minimum Pay Standards (COMPS) Order #36 regulates overtime, minimum salaries for certain exempt employees, meal and rest periods, tips and gratuities, uniforms, and record keeping for all employees unless specfically exempted by employers. Help us keep Minimum-Wage.org up-to-date! Federal overtime laws may also apply. The following information only applies to non-exempt employees covered by COMPS Order #36 (most employees). If an employee is covered under both Colorado and federal law, then the employer must follow the law which provides the greater protection to employees. More information on these is available under the Overtime Exemptions … 4.3 Overtime for Minors. (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods). The U.S. Department of Labor has ruled effective January 1, 2020, employees who make less than $35,568 are now eligible for overtime pay. _____ Adopted on January 22, 2020. Independent contractors, who are not considered legal employees, are also exempt from overtime law. New minimum pay standard for salaried workers Colorado's new Colorado Overtime & Minimum Pay Standards, or COMPS, goes into effect March 16, 2020, and clarifies or updates how most workers in the state are paid. January 1, 2024: $55,000 per year ($1,057.69 per week) 6. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. While not a comprehensive summary, this Bulletin is intended to … A workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. Effective March 16, 2020, the Colorado Department of Labor & Employment issued Colorado Overtime and Minimum Pay Standards (“COMPS”) Order #36, which replaces Colorado Minimum Wage Order (“MWO”) #35.This order also instituted a one-month grace period through April 16, 2020 for compliance and enforcement..   The overtime rate under Colorado law is 1.5 times an employee’s regular pay rate. Denver, CO  80202-3660 The United States’ new overtime law – introduced in 2019 and set to take effect in January 2020 – is being met with tepid approval. For federally-defined exemptions and other federal overtime laws see FLSA: Overtime. A tipped employee is any worker who customarily and regularly is tipped more than $30 per month. $8.98 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. A special overtime threshold of 80 hours per 14 days applies to hospital and nursing home employees. For 2020, the Colorado state minimum wage rate is $12.00. More>. Employees who are covered by Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36 may, in most circumstances, qualify for overtime pay. Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Employees and employers should be aware that they may also be covered by the Fair Labor Standards Act and should contact the United States Department of Labor at 720-264-3250 for additional … Colorado: 6.4% A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. Therefore, Colorado's overtime minimum wage is $18.00 per hour, one and a half times the regular Colorado minimum wage of $12.00 per hour. State Minimum Wages | 1.1 Authority and relation to prior orders. Colorado Min Wage - $12.00 per hour as of 2020. If an employee is covered under both Colorado and federal law, then the employer must follow the law which provides the greater protection to employees. 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. Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36, 7 CCR 1103-1 (2020) Page 8/11 4.2 Effect of Daily Overtime on Workday and Workweek. Colorado Overtime and Minimum Pay Standards ("COMPS Order") #36 (through 12/31/2020) Colorado Overtime and Minimum Pay Standards ("COMPS Order") #36 Statement of Basis and Purpose (through 12/31/2020) Colorado Minimum Wage Order Archives; Chance to Compete Act C.R.S § 8-2-130; Chance to Compete Act Rules A special overtime threshold of 80 hours per 14 days applies to hospital and nursing home employees. On Jan. 22, 2020, the Colorado Department of Labor adopted the final Colorado Overtime and Minimum Pay Standards Order #36 (“ COMPS Order ”). Colorado requires employers to pay employees overtime, unless an exemption applies, at CO Minimum Wage Order 30. A new Colorado Department of Labor and Employment order requiring overtime pay for more workers across Colorado will ramp up more slowly than … Colorado Overtime and Minimum Pay Standards Order _____ Authority: This Colorado Minimum Wage Order Number 35 is promulgated under the authority vested by C.R.S. COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER) #36 7 CCR 1103-1 [Editor's Notes follow the text of the rules at the end of this CCR Document.] New Law in 2020 For Overtime Pay. The following are excludable from the regular rate of pay: business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, or jury duty. For claims as of January 1, 2020, Title 8, Articles 1, 4, and 6 of the Phone: 303-318-8000. Hours worked in two or more workweeks shall not be averaged for computation of overtime. Coronavirus Disease 2019 (COVID-19) in Colorado: State & National Resources, Worker Adjustment & Retraining Notification, COMPS (Colorado Overtime & Minimum Pay Standards), Discrimination, Harassment, & Mistreatment, Employment Opportunity Act (Credit History), Workplace Accommodations for Nursing Mothers, Colorado Chance to Compete Act (Ban the Box), Interpretive Notice & Formal Opinions (INFOs), Colorado Health Emergency Leave with Pay ("Colorado HELP") Rules March 11 - July 14, 2020, Colorado Overtime & Minimum Pay Standards (COMPS) Order #36, Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36. Effective March 16, 2020. Medical transportation personnel are exempt from the daily 12 hour overtime threshold.A number of professions are exempt from Colorado's overtime laws, including salespeople (who earn more then 1 1/2 times the minimum wage), automobile mechanics, and some commissioned employees. Published December 19, 2020 1:04 pm Share on Facebook Share on Twitter Share on Linkedin Shreveport Police Department chief’s forced overtime program draws … Colorado recently took steps to increase the salary threshold for employees falling under the “white collar” exemptions. Title 8, Articles 1, 4, 6, and 12 (2019). January 1, 2023: $50,000 per year ($961.54 per week) 5. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. 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. Generally, hourly employees who earn under $455 per week ($23,660 per year) and who work in a non-exempt industry are eligible to receive overtime pay. If your employer owes you overtime pay, a Department of Labor office in Colorado will work with you to ensure you receive your fair wages for all hours worked. Colorado establishes a daily overtime threshold of 12 hours per day in addition to the standard weekly threshold of 40 hours per week. Employees shall be paid time and one-half of the regular rate of pay for any work in excess of:(1) forty hours per workweek,(2) twelve hours per workday, or(3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods),whichever calculation results in the greater payment of wages. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. The federal Fair Labor Standards Act (FLSA) allows employers to pay a lower hourly minimum wage, as long as that wage plus the tips the employee earns adds up to at least the full minimum wage for each hour worked. January 1, 2022: $45,000 per year ($865.38 per week) 4. It will see hundreds of thousands more Colorado workers qualifying for overtime. Nov'19 - Nov'20: -128,200 Is any of our data outdated or broken? Among the … $12.00 / Hour On the other hand, it’s not what many workers had hoped for. Employees who are covered by Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36 may, in most circumstances, qualify for overtime pay. Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise. Federal Minimum Wage | You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional. The weekly earnings estimate of $480.00 is based on a standard 40-hour workweek. Starting in 2025, the threshold will be adjusted by the same consumer price index as the Colorado minimum wage each year on January 1. If your job falls under any of the four categories described above, then you are not covered by federal or Colorado unemployment regulations and your employer is not required to pay you an overtime premium. Colorado establishes a daily overtime threshold of 12 hours per day in addition to the standard weekly threshold of 40 hours per week. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. Colorado employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week, 12 hours per workday, or for 12 consecutive hours. Colorado employers must pay the higher of the state or federal thresholds in order to retain their employees' overtime exemptions (i.e., you may need to pay the Colorado … For information about the Fair Labor Standards Act and overtime, contact the United States Department of Labor at 720-264-3250. whichever calculation results in the greater payment of wages. Authority and Definitions. Colorado Division of Labor Standards and Statistics| 303-318-8441 | Contact Us, Unemployment Rate - November 2020 Contact. As of January 1, 2020, the minimum wage in Colorado is $12.00 per hour. More Coloradans will be eligible for overtime pay under new rules released Wednesday by the Colorado Department of Labor and Employment.. The calculation of regular rate and overtime pay should be conducted very carefully, and other methods of calculation not described may … The Division of Labor Standards and Statistics refers to the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36 to answer questions about exempt and non-exempt employees. The new rule has exemptions from overtime under the federal Fair Labor Standards (FLSA). Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. 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