Effective March 16, 2020. Medical transportation personnel are exempt from the daily 12 hour overtime threshold. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. More>. View Sitemap. 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. This site is a free public service not affiliated with the Department of Labor or any governmental organization. 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. One group of workers -- those on a salary -- are exempt from overtime pay. 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. A number of professions are exempt from Colorado's overtime laws, including … 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. 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.  Colorado Job Growth (SA) What has transpired in the months since then has been truly dizzying: a … The yearly earnings estimate of $24,960.00 is based on 52 standard 40-hour work weeks. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. The following information only applies to non-exempt employees covered by COMPS Order #36 (most employees). 1.1 Authority and relation to prior orders. 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. This impact will also be significant because non-exempt Colorado employees are entitled to overtime for workdays in excess of 12 hours, which is not a requirement under federal law. 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. Colorado Overtime and Minimum Pay Standards (COMPS) Order #36 on March 16, 2020. Establishing a minimum salary for exempt employees in Colorado* 1. 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. Employees may also be covered under the Fair Labor Standards Act, a federal law addressing minimum wage and overtime pay. A workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. 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. $12.00 / Hour Independent contractors, who are not considered legal employees, are also exempt from overtime law. On the one hand, it raises the salary threshold enough to make 1.3 million workers eligible for overtime pay. 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. 2020 Minimum Wage 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 FLSA specifically covers certain jobs, and exempts others from overtime pay. 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. _____ Adopted on January 22, 2020. The following jobs are specifically covered by Federal overtime pay laws: All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA. 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. Employees may also be covered under the Fair Labor Standards Act, a federal law addressing minimum wage and overtime pay. This newly adopted law makes significant changes for both exempt and non-exempt employees. July 1, 2020: $35,568 per year ($684.00 per week)** 2. Colorado establishes a daily overtime threshold of 12 hours per day in addition to the standard weekly threshold of 40 hours per week. Authority and Definitions. A special overtime threshold of 80 hours per 14 days applies to hospital and nursing home employees. January 1, 2023: $50,000 per year ($961.54 per week) 5. 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. _____ Authority: This Colorado Minimum Wage Order Number 35 is promulgated under the authority vested by C.R.S. It will see hundreds of thousands more Colorado workers qualifying for overtime. Ski industry employees are exempt from weekly overtime pay, but must still be paid overtime for working more then 12 hours in a single day. 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. 4.3 Overtime for Minors. 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. 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. If you believe your employer owes you overtime, learn how to file an overtime claim in Colorado. Hours worked in two or more workweeks shall not be averaged for computation of overtime. For information about the Fair Labor Standards Act and overtime, contact the United States Department of Labor at 720-264-3250. 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). The calculation of regular rate and overtime pay should be conducted very carefully, and other methods of calculation not described may … Contact. A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. New Law in 2020 For Overtime Pay. Title 8, Articles 1, 4, 6, and 12 (2019). 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. The minimum wage for all hours worked must be paid in accordance with the Wage Order, the Colorado Constitution and federal law. External salespeople (who often set their own hours) are also exempted from CO overtime requirements, as are some types of computer-related workers. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. A tipped employee is any worker who customarily and regularly is tipped more than $30 per month. Colorado Division of Labor Standards and Statistics| 303-318-8441 | Contact Us, Unemployment Rate - November 2020 Colorado establishes a daily overtime threshold of 12 hours per day in addition to the standard weekly threshold of 40 hours per week. 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 … Colorado recently took steps to increase the salary threshold for employees falling under the “white collar” exemptions. Colorado Overtime and Minimum Pay Standards Order Colorado labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a workweek, more than 12 hours in a workday, or 12 consecutive hours without regard to the workday. Overview. The Colorado Overtime and Minimum Pay Standards Order #36 defines who counts as a tipped employee for legal purposes. Denver, CO  80202-3660 The new exempt salary threshold would become effective on July 1, 2020. 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. For claims as of January 1, 2020, Title 8, Articles 1, 4, and 6 of the 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 … 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. Colorado: 6.4% The Colorado Department of Labor and Employment’s Division of Labor Standards Statistics (the Department) recently adopted the Colorado Overtime and Minimum Pay Standards Order #36, replacing Minimum Wage Order #35, and bringing significant change to the state’s wage and hour rules.According to the Department, the COMPS Order is the source of key wage rights and … 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. Significant New Changes to Colorado’s Overtime, Minimum Wage Rules Proposed for 2020 The Colorado Department of Labor and Employment has proposed significant changes to overtime and minimum pay standards to take effect on March 1, 2020. State Minimum Wages | 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. 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