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In big news for Colorado employees and employers, Colorado Division of Labor Standards and Statistics adopted the Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36, which replaces Colorado Minimum Wage Order #35.

The COMPS order will go into effect on March 16, 2020. This includes expanding coverage to all employers excepting public entities. The salary basis rate will mirror the new federal salary basis of $684 a week, equating to $35,568 annually, starting July 1, 2020, through December 31, 2020. After that, there will be a gradual annual increase beginning January 1, 2021 (it had been slated to increase beyond the federal level July 1, so this gives employers another six months at the federal rate). The federal salary threshold just increased to $684 per week as of January 1, 2020. The weekly salary basis will be $778.85 for 2021, $865.38 for 2022, $961.54 for 2023, and $1,057.69 for 2024, and then will be indexed every January 1 by the same Consumer Price Index (“CPI”) as the Colorado minimum wage. The 2020 salary does not apply to non-profit employers with annual total gross revenue of under $50 million, nor to for-profit employers with annual total gross revenue of under $1 million. For those employers, the salary schedule applies as of January 1, 2021.

A copy of the COMPS order can be found at: https://www.colorado.gov/pacific/sites/default/files/7%20CCR%201103-1%20Colorado%20Overtime%20%26%20Minimum%20Pay%20Standards%20Order%20%28COMPS%29.pdf

An employee receiving less than the full wages or other compensation owed is entitled to recover in a civil action the unpaid balance of the full amount owed, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage, pursuant to C.R.S. §§ 8-4-121, 8-6-118. Or, an employee may elect to pursue a complaint through the Division’s administrative procedure as described in the Colorado Wage Act, C.R.S. § 8-4-101, et seq. 8.2 Complaints. Any person may register with the Division a written complaint that alleges a violation of the COMPS Order within 2 years of the alleged violation(s), except that actions brought for a willful violation shall be commenced within 3 years.

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