Public Rulemaking Notice: Colorado Overtime & Minimum Pay Standards (COMPS) Order #36

In its annual wage order rulemaking, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment has proposed replacing 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. The Division’s Fact Sheet on the proposed COMPS Order summarizes substantive changes in the COMPS Order; the Division’s Statement of Basis, Purpose, Authority, and Finding offers more detail on the nature, basis for, and findings underlying all changes.

The public hearing on COMPS Order #36 is scheduled for Monday, December 16, 2019 from 3:00 pm to 6:00 pm at the Colorado Division of Labor Standards and Statistics 12th Floor Conference Room, 633 17th Street, Denver, CO 80202 (Map). There is no requirement for attendees to arrive by a particular time or to stay for the entire hearing, and the hearing may continue past 6:00 pm if any attendees still wish to give testimony. The hearing will be transcribed, and the transcript will be publicly available on this page, which (below) lists and links all comments received and the transcript of the Division’s pre-rulemaking public meeting of August 28, 2019. You may submit written comments, either before or after the hearing, anytime by the comment deadline of Tuesday, December 31, 2019.

Following is the complete schedule of the rule-making process, in accordance with the Colorado Administrative Procedure Act, C.R.S. § 24-4-l01, 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
Anticipated adoption of final rule: Friday, January 10, 2020
Anticipated effective date of rule: Sunday, March 1, 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
To submit comments:

Email (michael.primo@state.co.us),
Fax (303-318-8400), or
Mail (Division of Labor Standards & Statistics,
633 17th Street, Denver CO 80202)

or via the Google Form

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

Comment Deadline: Tuesday, December 31, 2019


Rules

Rulemaking Documents

Additional Information


 


AMENDED MINIMUM WAGE ORDER 35
EFFECTIVE JANUARY 1, 2020

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.


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