www.hr-headaches.com Open in urlscan Pro
2600:9000:2156:d600:14:fbd5:8500:93a1  Public Scan

Form analysis
2 forms found in the DOM

POST https://www.hr-headaches.com/wp-comments-post.php

<form action="https://www.hr-headaches.com/wp-comments-post.php" method="post" id="commentform" class="comment-form anti-spam-form-processed">
  <p class="comment-notes"><span id="email-notes">Your email address will not be published.</span> Required fields are marked <span class="required">*</span></p>
  <p class="comment-form-comment"><label for="comment">Comment</label> <textarea id="comment" name="comment" cols="45" rows="8" maxlength="65525" required="required"></textarea></p>
  <p class="comment-form-author"><label for="author">Name</label> <span class="required">*</span><input id="author" name="author" type="text" value="" size="30"></p>
  <p class="comment-form-email"><label for="email">E-mail</label> <span class="required">*</span><input id="email" name="email" type="text" value="" size="30"></p>
  <p class="comment-form-url"><label for="url">Website</label><input id="url" name="url" type="text" value="" size="30"></p>
  <p class="comment-form-cookies-consent"><input id="wp-comment-cookies-consent" name="wp-comment-cookies-consent" type="checkbox" value="yes"> <label for="wp-comment-cookies-consent">Save my name, email, and website in this browser for the next time
      I comment.</label></p>
  <p class="form-submit"><input name="submit" type="submit" id="submit" class="submit" value="Post Comment"> <input type="hidden" name="comment_post_ID" value="999" id="comment_post_ID">
    <input type="hidden" name="comment_parent" id="comment_parent" value="0">
  </p>
  <!-- Anti-spam plugin v.5.5 wordpress.org/plugins/anti-spam/ -->
  <p class="antispam-group antispam-group-q" style="clear: both; display: none;">
    <label>Current ye@r <span class="required">*</span></label>
    <input type="hidden" name="antspm-a" class="antispam-control antispam-control-a" value="2021">
    <input type="text" name="antspm-q" class="antispam-control antispam-control-q" value="5.5" autocomplete="off">
  </p>
  <p class="antispam-group antispam-group-e" style="display: none;">
    <label>Leave this field empty</label>
    <input type="text" name="antspm-e-email-url-website" class="antispam-control antispam-control-e" value="" autocomplete="off">
  </p>
  <input type="hidden" name="antspm-d" class="antispam-control antispam-control-d" value="2021">
</form>

GET https://www.hr-headaches.com/

<form method="get" id="searchform" action="https://www.hr-headaches.com/">
  <input type="text" class="field" name="s" id="s" placeholder="search here …">
  <input type="submit" class="submit" name="submit" id="searchsubmit" value="Go">
</form>

Text Content

 * Home
 * Contact
 * Services

Home › Wage and Hour › It’s Springtime for Wage and Hour Rights: Worker-Friendly
Changes to Wage & Overtime Regulations Are Blooming in Colorado


IT’S SPRINGTIME FOR WAGE AND HOUR RIGHTS: WORKER-FRIENDLY CHANGES TO WAGE &
OVERTIME REGULATIONS ARE BLOOMING IN COLORADO

Posted on April 13, 2020 by Jake Rubinstein, James Mackey
— No Comments ↓

In the midst of growing alarm over the coronavirus pandemic and an almost
all-consuming focus on public health, workplace and legal developments related
to the pandemic, many Colorado employers may have missed the significant changes
in Colorado wage and hour laws recently ushered in by the Colorado Department of
Labor and Employment (CDLE).  These changes are contained in the March 16, 2020
Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS”) Order #36.

Order #36, which takes effect on April 16, 2020, increases the minimum salary
required for overtime exempt status, makes many pre-work and post-work
activities compensable work time and imposes a potentially expensive penalty on
employers who do not follow the requirement under Colorado law that employees
receive a paid rest break of at least 10 minutes for every four hours of work. 
Order #36 states that its protections for workers are to be interpreted
“liberally construed with narrow exceptions,” meaning that when it comes to
compliance, employers should not expect to get the benefit of the doubt from the
State.

With the April 16 compliance deadline fast approaching, Colorado employers
should review their practices to ensure they are compliant with the new rules.

Here is an overview of the major changes to Colorado wage and hour law made by
Order #36:

1.         Broader Employee Coverage

Unlike Colorado’s previous wage orders, which covered only employees in selected
industries (retail, service, food and beverage, commercial support, health
care), Order #36 covers almost allprivate-sector employees, with a few
exceptions such as agricultural workers and ski industry employees. 
Importantly, Order #36 includes employees in the manufacturing industry, who did
not have the protections of previous wage orders.

 2.        Increasing Minimum Salary Standard for Overtime-Exempt Employees

Order #36 sets a state minimum salary standard for exempt employees beginning on
July 1, 2020 and increasing thereafter.  Beginning this July, Colorado matches
the federal minimum exempt salary standard of $684/week ($35,568/year), but then
increases this minimum threshold above the federal standard by approximately
$5,000 per year until it exceeds $55,000 per year in 2025:

Date Weekly Overtime-Exempt Salary July 1, 2020 $684.00 weekly ($35,568
annually) January 1, 2021 $778.85 weekly ($40,500 annually) January 1, 2022
$865.38 weekly ($45,000 annually) January 1, 2023 $961.54 weekly ($50,000
annually) January 1, 2024 $1057.69 weekly ($55,000 annually) January 1, 2025
2024 salary adjusted by CPI

3.         New Category of Overtime –Exempt Employees: “Highly Technical
Computer-         Related Occupations”

Order #36 also adds a new category of employees who may be exempt from overtime
pay:  “highly technical computer-related occupations.”  Employees in this
category must receive the minimum exempt salary or $27.63 per hour (adjusted
annually by CPI). 

 4.        New “One-Minute” Rule for Pre-Work and Post-Work Activities

Another significant change to Colorado wage and hour rules brought by Order #36
is the requirement that employers compensate employees for most activities that
take more than one minute to complete, including those that are performed before
or after an employee’s standard work day. This regulation will have a
particularly pronounced effect on manufacturers and other employers who require
employees to change into and out of (“don or doff”) protective gear before and
after their work shift.  Under the new rule, employers will, in most cases, have
to pay workers when they perform activities such as clean-up tasks at the
beginning or end of their shifts, standing in line to clock-in or clock-out, or
waiting for security checks when leaving the worksite at the end of a shift. 
This “one-minute” rule differs substantially from federal wage and hour law
under which these activities may not be compensable.

5.         Rest Period Penalty

Finally, in a move that might lead some to say that “Colorado is the new
California,” Order #36 also toughens rest period requirements.  Colorado
employers already were required to provide employees with one paid 10 minute
break for every 4 hours of work (in addition to a 30 minute unpaid break for
every 5 hours of work). Under the new regulations, if an employer fails to
provide the required daily paid breaks, the employer is liable for an additional
10 minutes of pay.  For example, if an employer failed to provide the employee
two 10 minute paid breaks during an 8.5 hour shift, the employer would legally
be required to pay the employee for 8 hours and 20 minutes.

6.         Posting Notice

Order #36 also requires covered employers to post the updated wage and hour
requirements with other required employment posters “in an area frequented by
employees where it may be easily read during the workday” and distributed along
with all employee handbooks or employment manuals.

7.         What Should Employers Do Now? Increasing regulation by state and
local governments in the wage and hour law area has been a growing nationwide
trend for years.  More and more, state and local governments are layering
worker-friendly laws on top of federal laws which provide just the basic
protections.  With the issuance of Order #36, Colorado has shown emphatically
that is a leader in this area.  Now is the time for Colorado employers, and
national employers with Colorado-based workers, to review hours of work and pay
practices to ensure they are up to date with fast-changing Colorado laws

About The Authors
Jake Rubinstein
Jake, a trial lawyer with more than 20 years of experience, represents
management in all aspects of labor and employment litigation, including
employment discrimination, traditional labor, and wage and hour cases. Jake
counsels clients on labor and employment law compliance and policy design and
also advises human... more

Email:jrubinstein@cozen.com
Phone: (720) 479-3872
Denver

‹ Considerations for Addressing Coronavirus and Other Epidemics in the Workplace
Employers With Unionized Workforces Need to be Prepared ›
Tagged with: Wage & Hour
Posted in Wage and Hour



LEAVE A REPLY CANCEL REPLY

Your email address will not be published. Required fields are marked *

Comment

Name *

E-mail *

Website

Save my name, email, and website in this browser for the next time I comment.



Current ye@r *

Leave this field empty

About HR Headaches
HR Headaches is a blog for Human Resources professionals, business owners, and
in-house counsel to get the latest news, analysis and tips in the area of labor
and employment law. Every day there are new court decisions, agency
interpretations, and regulations which affect the workplace, making it
difficult, if not impossible, for many employers to keep current. HR Headaches
is dedicated to providing information in a practical, no-nonsense manner to help
employers avoid legal disputes and keep policies up to date.
Subscribe For Updates

Thank you for registering. Please check your email to confirm your subscription.



hr-headaches

Subscribe


Recent Posts
 * #No Filter: Terminating an Employee for Social Media Posts – Part 4
 * COVID-19 Vaccination Policies for California Employers – Navigating
   Uncertainty
 * A Portrait in Blue: Recent Developments in Colorado Employment Laws (Part 1)
 * Hair Discrimination: The New Protected Class and What Employers Need to Know
   to Stay Ahead
 * Employer Guide to COVID-19 Vaccination

The Editor
David L. Barron
David partners with clients to offer practical solutions to labor and employment
problems of all sizes and shapes before they end up in litigation. That might
mean helping a human resources professional with a complicated disciplinary
action or helping a Fortune 500 CEO respond to a union campaign. David... more

Email:dbarron@cozen.com
Phone: (713) 750-3132
Houston

Recent Comments
 * HR Plaintiffs Build Their Case Against Lowe’s | HREOnline's The Leader Board
   on New Trend in Overtime Suits – HR Managers?

Archives
 * June 2021
 * March 2021
 * January 2021
 * December 2020
 * November 2020
 * October 2020
 * September 2020
 * May 2020
 * April 2020
 * February 2020
 * January 2020
 * December 2019
 * November 2019
 * October 2019
 * September 2019
 * August 2019
 * July 2019
 * June 2019
 * April 2019
 * March 2019
 * February 2019
 * January 2019
 * December 2018
 * November 2018
 * October 2018
 * September 2018
 * August 2018
 * May 2018
 * March 2018
 * February 2018
 * January 2018
 * December 2017
 * October 2017
 * July 2017
 * June 2017
 * May 2017
 * April 2017
 * March 2017
 * January 2017
 * October 2016
 * August 2016
 * July 2016
 * June 2016
 * May 2016
 * April 2016
 * March 2016
 * February 2016
 * January 2016
 * December 2015
 * November 2015
 * October 2015
 * September 2015
 * August 2015
 * July 2015
 * June 2015
 * May 2015
 * April 2015
 * March 2015
 * February 2015
 * January 2015
 * December 2014
 * November 2014
 * October 2014
 * September 2014
 * August 2014
 * July 2014
 * June 2014
 * May 2014
 * April 2014
 * March 2014
 * February 2014
 * January 2014
 * December 2013
 * November 2013
 * October 2013

Categories
 * Benefits
 * Cannabis
 * Contractors
 * COVID-19
 * COVID-19 Vaccine
 * CROWN Act
 * Discrimination
 * DOL
 * Federal Government
 * Healthcare Reform
 * Human Resources
 * Immigration
 * Investigations
 * Labor & Employment
 * NLRB
 * paid sick leave
 * Pay Equity
 * Politics at work
 * Sexual Harassment
 * Social Media
 * State and Local Laws
 * Tax
 * Trade Secrets
 * Uncategorized
 * Union
 * Wage and Hour
 * Wellness Programs
 * Work from Home

Cozen O’Connor Blogs
 * At Your Bequest
 * Avoiding Insurance Bad Faith
 * Beltway Briefing Podcast
 * Casualty Coverage Chronicle
 * Cyber Law Monitor
 * Employment Law Now Podcast
 * Family Law Focus
 * Get the Dirt
 * Health Law Informer
 * Lawyers Representing Lawyers
 * OSHA Chronicle
 * Products Liability Prevention & Defense
 * Property Insurance Law Observer
 * Social Media Employment Law Blog
 * Subro on the Go Podcast
 * Subrogation & Recovery Law Blog
 * The State AG Report

© 2021 HR Headaches – Cozen O'Connor
↑