Adopted Rule: Colorado Overtime & Minimum Pay Standards (COMPS) Order #36

NOTICE: The Division staff currently is working remotely due to the impact of the coronavirus. The best way to reach us is by sending an email to: cdle_labor_standards@state.co.us. We are committed to serving you and thank you for your patience at this time.


El personal de la División está trabajando remotamente por el impacto del coronavirus. La mejor manera de comunicarse con nosotros es mandando un correo electrónico a cdle_labor_standards@state.co.us. Estamos comprometidos a servirle y gracias por su paciencia en estos momentos.


Updated March 16, 2020

In its annual wage order rulemaking, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment has replaced Minimum Wage Order #35 with Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36. The COMPS Order, like the Division’s prior annually issued wage orders, is the source of critical Colorado wage rights and responsibilities beyond those provided by federal law: eligibility for the Colorado minimum wage; overtime pay for work past 40 hours per week and 12 hours per day; meal and rest breaks; and other employee and employer rights and responsibilities, such as what wage deductions are permissible, how hourly rates are calculated from non-hourly pay for overtime, and posting the Order’s provisions to employees for ease of access. INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36 summarizes key parts and interpretations of COMPS Order #36.The Division’s Statement of Basis, Purpose, Authority, and Findings offers more detail on the nature, basis for, and findings underlying all changes. The Colorado Overtime & Minimum Pay Standards (COMPS) Order #36  Poster is also now available.  

The public hearing on COMPS Order #36 was held on Monday, December 16, 2019 at 3:00 pm at the Colorado Division of Labor Standards and Statistics, 12th Floor Conference Room, 633 17th Street, Denver, CO 80202. The hearing was transcribed, and a draft of the transcript 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 (scroll down to find these documents).

COMPS Order #36 took effect March 16, 2020, with three narrow modifications based on developments since the original January adoption of COMPS Order #36. The modifications were adopted by temporary or emergency rule on March 16th, effective immediately, so that is the version of COMPS Order #36 that took effect. The Statement of Basis, Purpose, Authority, and Findings accompanying the temporary/emergency rule modifications to COMPS Order #36 explains the three changes. As the Statement explains, permanent rulemaking will commence shortly to begin the notice-and-comment process for such changes to take permanent form.

Following is the complete schedule of the rule-making process, in accordance with the Colorado Administrative Procedure Act, C.R.S. § 24-4-101, et seq. (2019).                

Pre-rulemaking comment period:  Wednesday, March 6, 2019
Pre-rulemaking public testimony: Wednesday, August 28, 2019
Proposed rule filed: Friday, November 15, 2019
Official publication of proposed rule: Friday, November 25, 2019
Public hearing: Monday, December 16, 2019
Comment deadline: Tuesday, December 31, 2019
Adoption of final rule: Wednesday, January 22, 2020
Effective date of rule: Monday, March 16, 2020, except
July 1, 2020 for new exempt salaries
 
Following is the appropriate contact information to communicate with us about the COMPS Order.
On the rule-making process: Email michael.primo@state.co.us
Press inquiries: Email cher.haavind@state.co.us
Employer or employee questions on substance of COMPS rules: Call (303-318-8441) or Email cdle_labor_standards@state.co.us

 


Adopted Rules

 

Rulemaking Documents

Additional Information


 


AMENDED MINIMUM WAGE ORDER 35

Pursuant to Section 15, Article XVIII of the Colorado Constitution, these temporary rules increase the state minimum to $12.00 per hour, effective January 1, 2020, and conform the Colorado Minimum Wage Order #35, 7 CCR 1103-1, to statutory changes to C.R.S. Title 8.


Contact Us:

Colorado Division of Labor Standards and Statistics | 303-318-8441 | Contact Us