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Code of Colorado Regulations eDocket
Details of Tracking Number
2021-00634
CCR details
| Tracking Number |
2021-00634 |
| Type of Filing |
Permanent Rule |
| Department |
1100 Department of Labor and Employment |
| Agency |
1101 Division of Labor Standards and Statistics (Includes 1103 Series) |
| CCR Number |
7 CCR 1103-1 |
| CCR Title |
COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER (COMPS ORDER) #38 |
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Proposed rule
| Notice Filed with SOS |
09/30/2021 |
| Rule |
ProposedRuleAttach2021-00634.docx |
| Additional Information |
AddInfoAttach2021-00634.pdf |
| Statutory Authority |
Articles 1, 4, and 6 of Title 8, C.R.S. (2020), and all rules, regulations, investigations, and other proceedings of any kind pursued thereunder, by the Administrative Procedure Act, C.R.S. § 24-4-103, and provisions of Articles 1, 4, and 6, including C.R.S. §§ 8-1-101, 8-1-103, 8-1-107, 8-1-108, 8-1-111, 8-1-130, 8-4-111, 8-6-102, 8-6-104, 8-6-105, 8-6-106, 8-6-108, 8-6-109, 8-6-111, 8-6-116, 8-6-117, and 8-12-115. |
| Description of Subjects/Issues |
These rules amend the prior version of COMPS (Order #37, 2021), Colorado’s broad set of wage and hour rules, as follows (in addition to certain non-substantive edits):
(A) removing annually or otherwise periodically adjusted pay and income figures — e.g., Colorado minimum wages, and minimum earnings levels for various full or partial labor law exemptions—from the various COMPS provisions where each has appeared, and replacing them with references to the PAY CALC Order (described above), which now consolidates all such figures;
(B) adding an exemption for “highly compensated employees” not covered by other existing exemptions, substantially similar to the exemption under the federal Fair Labor Standards Act;
(C) adding rules on minimum wages, overtime and maximum hours protections, and meal and rest periods for agricultural employees, pursuant to the Colorado Senate Bill 21-87 requirements that agricultural employees be provided such rights, and that the Division promulgate rules accordingly; and
(D) Rules further detailing how to calculate the “regular rate of pay” of an employee with more than one hourly rate, and expanding this definition to other uses of “regular rate of pay” in the COMPS Order other than calculation of the overtime rate, are added. |
| Purpose/Objective of Rule |
These rules amend the prior version of COMPS (Order #37, 2021), Colorado’s broad set of wage and hour rules, as follows (in addition to certain non-substantive edits): (A) removing annually or otherwise periodically adjusted pay and income
figures — e.g., Colorado minimum wages, and minimum earnings levels for various full or partial labor law exemptions—from the various COMPS provisions where each has appeared, and replacing them with references to the PAY CALC Order (described above), which now consolidates all such figures; (B) adding an exemption for “highly compensated employees” not covered by other existing exemptions, substantially similar to the exemption under the federal Fair Labor Standards Act; (C) adding rules on minimum wages, overtime and maximum hours protections, and meal and rest periods for agricultural employees, pursuant to the
Colorado Senate Bill 21-87 requirements that agricultural employees be provided such rights, and that the Division promulgate rules accordingly; and (D) Rules further detailing how to calculate the “regular rate of pay” of an employee with more than one hourly rate, and expanding this definition to other uses of “regular rate of pay” in the COMPS Order other than calculation of the overtime rate, are added. |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00634.pdf
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| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
SB 21-087
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| Hearing Date |
11/01/2021 |
| Hearing Time |
03:00 PM |
| Hearing Location |
633 17th Street, 12th Floor, Denver, CO 80202 |
| Contact Name |
Michael Primo |
| Contact Title |
Rule Coordinator |
| Contact Telephone |
3033188462 |
| Contact email |
michael.primo@state.co.us |
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Adopted rule
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