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30 Dec

December 2020 Colorado HR Legal Updates

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Overtime Changes for 2021

What happened?
The Colorado Department of Labor and Employment released the new Colorado Overtime and Minimum Wage Pay Standards (COMPS) Order #37, which expands the administrative and professional employee exemptions, incorporates the Colorado Healthy Families and Workplaces Act (HFWA), and mandates pay adjustments for certain employees.

What are the details?
The COMPS order includes clarifications about the transportation worker exemption, including the addition of taxicab drivers into the exemption. The administrative employee exemption has had its definition revised, making it more encompassing. The professional employee exemption has been changed to be more similar to the Fair Labor Standards Act (FLSA), in that it now includes “creative professional(s)”. The order includes some additional information about the Healthy Families and Workplaces Act, which employers may recognize as the legislation mandating Paid Sick Leave effective January 1, 2021. The COMPS order finishes off with information on the new minimum wage, ($12.32) and the increase to salary thresholds that accompany the change to minimum wage.

A more in depth breakdown of the COMPS order can be found here.

COMPS Order #37 can be found here.


What do employers need to do?
Colorado employers should review the above information and work with their payroll administrators to ensure compliance with any wage related legislation.


Updated FAQs: Colorado’s Equal Pay Rules for Job Posting and Pay Transparency

The Colorado Department of Labor and Employment recently released their Interpretive Notice and Formal Opinion #9 (INFO #9), which includes further clarifications on the final rules of the equal pay rules that will be effective January 1, 2021. Husch Blackwell LLP has provided an FAQ that answers questions employers may have using the information on INFO #9. This FAQ can be found here, in the bottom half of the article.