Colorado Minimum Wage Order Poster Required

COLORADO OVER TIME	  
&	  
MINIMUM P AY ST ANDARDS ORDER	 	 
Ef fective	  
1/1/23	  
:  
m ust u pdate  a n nually	  
; 	
 
(“COMPS Order”) #38, POSTER & NOTICE	 	 
n ew	  
p oste r	  
a va ila ble	  
e a ch	  
m id -D ecem ber	 	
 
Colorado Minimum W age:	  
$ 13.6 5/h ou r, o r $ 10.6 3 f o r	  
T ip ped  E m plo yees, i n  2 023	  
( R ule  3 )	 	
 
•  
The minimum wage is adjusted each year for inflation, so the above amounts are for only 2023	 	
 
•  
All	  
employees	  
must	  
be	  
paid	  
at	  
least	  
the	  
minimum	  
wage	  
(unless	  
exempt	  
in	  
Rule	  
2),	  
whether	  
paid	  
hourly	  
or	  
another	 	
 
way (salary , commission, piecework, etc.), except unemancipated minors can be paid 15% under full minimum wage	 	
 
•  
Use the highest standard if other labor laws also apply , such as Denver’s minimum wage ($17.29 in 2023)	 	
 
Overtime:	  
1 ½	  
t im es r e g u la r p ay r a te s	  
f o r h ou rs o ver	  
4 0	  
w eek ly	  
,  
1 2	  
d aily	  
,  
o r	  
1 2	  
c o n se cu tiv e	  
( R ule  4 )	 	
 
•  
Overtime is required	  
each	  
week over 40 hours, or	  
day over 12, even if 2 or more weeks or days	  
average	  
fewer hours	 	
 
•  
Employers cannot provide time of f (“comp time”) instead of time-and-a-half premium pay for overtime hours	 	
 
•  
Key variances/exemptions	  
(all are detailed in	  
Rules	  
2.3-2.4):	 	
 
-  
Modified overtime in a small number of health care	  
jobs; exemption for certain heavy vehicle drivers	 	
 
-  
No	  
40-hour weekly overtime in downhill ski/snowboard	  
jobs (but 56-hour overtime for many under federal law)	 	
 
-  
Agriculture, as of 1 1/1/22: overtime after 60 hours; half-hour paid break in days over 12 hours, extra pay if over 15	 	
 
Meal Periods:	  
3 0 m in ute s u nin te rru pte d  a n d d uty -f r e e,	  
f o r s h if ts  o ver 5  h ou rs	  
( R ule  1 .9 )	 	
 
•  
Can be unpaid, but only if employees are completely relieved of all duties, and allowed to pursue personal activities	 	
 
•  
If work makes uninterrupted meal periods impractical, eating on-duty must be permitted, and the time must be paid	 	
 
•  
T o the extent practical, meal periods must be at least 1 hour after starting and 1 hour before ending shifts	 	
 
Rest Periods:	  
1 0 m in ute s, p aid , e v ery  4  h ou rs	  
( R ule	  
5 .2 )	 	
 
#W ork Hours:	 	 
Up to 2	 	 
>2, up to 6	 	 
>6, up to 10	 	 
>10,	  
up	  
to	  
14	 	 
>14, up to 18	 	 
>18, up to 22	 	 
>22	 	
 
#Rest Periods:	 	 
0 	 
1 	 
2 	 
3 	 
4 	 
5 	 
6 	
 
•  
Need not be of f-site, but must not include work, and should be in the middle of the 4 hours to the extent practical	 	
 
•  
Rest	  
periods	  
are	  
time	  
worked	  
for	  
minimum	  
wage	  
and	  
overtime	  
purposes,	  
and	  
if  
employers	  
do	  
not	  
authorize	  
and	  
permit	 	
 
rest	  
periods, they	  
must	  
pay	  
extra	  
for	  
time	  
that	  
would	  
have	  
been	  
rest	  
periods,	  
including	  
for	  
non-hourly-paid	  
employees	 	
 
•  
Key variances/exemptions:	 	
 
-  
In some circumstances, 10-minute rest periods can be divided into two of 5 minutes (Rule 5.2.1)	 	
 
-  
Agriculture:	  
certain	  
work	  
requires	  
more	  
breaks;	  
other	  
is	  
exempt	  
(Rule	  
2.3,	  
&	  
Agricultural	  
Labor	  
Conditions	  
Rules)	 	
 
T ime W orked:	  
P ay f o r t im e	  
e m plo yers	  
a llo w  p erfo rm in g	  
l a b or/s e rv ic e f o r t h eir  b en efit	  
( R ule  1 .9 )	 	
 
•  
All time on-premises, on duty , or at workplaces (but not just letting of f-duty employees be on-premises), including:	 	
 
-  
putting on/removing work clothes/gear (but not clothes worn outside work),	  
cleanup/setup,	  
or other of f-clock	  
duty ,	 	
 
-  
waiting for assignments at work, or receiving or sharing work-related information,	 	
 
-  
security/safety screening, or clocking/checking in or out, or	 	
 
-  
waiting for any of the above tasks.	 	
 
•  
T ravel for employer benefit is time worked; normal home/work travel is not (details in Rule 1.9.2)	 	
 
•  
Sleep time, if suf ficiently uninterrupted and lengthy , can be excluded in certain situations (details in Rule 1.9.3).	 	
 
Deductions, Cr edits, Charges, & W ithheld Pay	  
( R ule  6 , a n d A rtic le  4  o f C .R .S . T itle  8 )	 	
 
•  
Final pay: Owed promptly (if a termination by employer) or at next pay date (if employee resigned)	 	
 
•  
V acation	  
pay:	  
Departing	  
employees	  
must	  
be	  
paid	  
all	  
accrued	  
and	  
unused	  
vacation	  
pay ,	  
including	  
paid	  
time	  
of f	  
usable	 	
 
for vacation, without deducting or declaring forfeiture based on cause for termination, lack of resignation notice, etc.	 	
 
•  
Deductions	  
from	  
pay:	  
Allowed	  
if  
listed	  
below	  
or	  
in	  
C.R.S.	  
8-4-105	  
(including	  
deductions	  
required	  
by	  
law ,	  
in	  
a 	
 
written agreement for the benefit of the employee, for theft in a police report, or for property loss after audit/notice)	 	
 
•  
T ip	  
credits:	  
Employers	  
can	  
pay	  
up	  
to	  
$3.02	  
under	  
minimum	  
wage	  
($10.63	  
in	  
2023,	  
or	  
$14.27	  
in	  
Denver),	  
if:	  
(a)	  
tips	 	
 
(not	  
mandatory	  
service	  
char ges)	  
raise	  
pay	  
to	  
full	  
minimum,	  
&	  
(b)	  
tips	  
aren’ t	  
diverted	  
to	  
non-tipped	  
staf f/owners	 	
 
•  
Meal credits/deductions: Allowed for the cost or value (without employer profit) of voluntarily accepted meals	 	
 
•  
Lodging	  
credits/deductions:	  
Allowed	  
if  
housing	  
is	  
voluntarily	  
accepted	  
by	  
the	  
employee,	  
primarily	  
for	  
the	  
employee’ s	 	
 
(not the employer ’s) benefit, recorded in writing, and limited to $25 or $100 per week (based on housing type)	 	
 
•  
Uniforms:	  
Must	  
be	  
provided	  
at	  
no	  
cost	  
unless	  
they	  
are	  
ordinary	  
clothes	  
without	  
special	  
material	  
or	  
design;	  
employers	 	
 
must pay for any special cleaning required, and cannot require deposits or deduct for ordinary wear and tear	 	
 
Exemptions fr om COMPS	  
( R ule  2 .2  l is ts  a ll; k ey  e x em ptio ns	  
a re  b elo w )	 	
 
•  
Executives/supervisors,	  
administrators,	  
and	  
professionals	  
paid	  
at	  
least	  
a  
salary	  
(not	  
hourly	  
wages)	  
of	  
$50,000	  
in	  
2023	 	
 
($55,000 in 2024, then inflation-adjusted), except $31.41/hour for highly technical computer work	 	
 
•  
Other highly compensated, non-manual-labor employees paid at least 2.25 the above salary ($1 12,500 in 2023)	 	
 
•  
20% owners, or at a nonprofit the highest-paid/highest-ranked employee, if actively engaged in management	 	
 
•  
V arious (not all) types of salespersons, taxi drivers, camp/outdoor education field staf f, or property managers	 	
 
Record-Keeping & Notices of Rights	  
( R ule  7 )	 	
 
•  
Employers	  
must	  
give	  
all	  
employees	  
(and	  
keep	  
for	  
three	  
years)	  
pay	  
statements	  
that	  
include	  
time	  
worked,	  
pay	  
rate	 	
 
(including any tips and credits), and total pay	 	
 
•  
This	  
year ’s	  
poster	  
must	  
be	  
displayed	  
where	  
easily	  
accessible,	  
or	  
if  
not	  
practical	  
(such	  
as	  
for	  
remote	  
workers),	 	
 
provided within one month of beginning work and when employees request a copy	 	
 
•  
Employers must include a copy of this poster , or a COMPS Order, in any employment handbook or manual	 	
 
•  
V iolation	  
of	  
notice	  
of	  
rights	  
rules	  
(posting	  
or	  
distribution),	  
including	  
by	  
providing	  
information	  
undercutting	  
this	 	
 
poster , may yield fines and/or ineligibility for employee-specific credits, deductions, or exemptions in COMPS	 	
 
Complaint & Anti-Retaliation Rights	  
( R ule  8 )	 	
 
•  
Employees can send the Division (contact info below) complaints or tips about violations, or file lawsuits in court	 	
 
•  
Employers cannot retaliate against, or interfere with, employees exercising their rights	 	
 
•  
Anonymous tips are accepted; anonymity or confidentiality are protected if requested (W age Protection Rule 4.7)	 	
 
•  
Owners	  
and	  
other	  
individuals	  
with	  
control	  
over	  
work	  
may	  
be	  
liable	  
for	  
certain	  
violations	  
—	  
not	  
just	  
the	  
business,	 	
 
even if the business is a corporation, partnership, or other entity separate from its owner(s) (Rule 1.6)	 	
 
•  
Immigration	  
status	  
is	  
irrelevant	  
to	  
these	  
labor	  
rights:	  
the	  
Division	  
will	  
not	  
ask	  
or	  
report	  
status	  
in	  
investigations	  
or	 	
 
rulings, and it is illegal for anyone to use immigration status to interfere with these rights (W age Protection Rule 4.8)	 	
 
This	  
Poster	  
is	  
a	  
summary	  
and	  
cannot	  
be	  
relied	  
on	  
as	  
complete	  
labor	  
law	  
information	  
.  
For all rules	  
,  
fact	  
sheets	  
,  
translations	  
,  
questions	  
,  
or complaints	  
,  
contact:	 	
 
D IV IS IO N O F LA BOR  S T A NDARDS &  S T A T IS T IC S	  
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