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Colorado Overtime & Minimum Pay Standards (COMPS) Order

Last Updated December 30, 2021

The Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") is the source of key wage rights and responsibilities: eligibility for the Colorado minimum wage; overtime pay for work over 40 hours a week or 12 a day; meal and rest breaks; and rules on wage deductions, on what work time must be paid, and on posting the COMPS Order to employees. Portions of the COMPS Order have been amended annually, to adjust the minimum wage for inflation as the Colorado Constitution requires, and to adjust similar wage figures. COMPS Order #38, effective January 1, 2022 replaces COMPS Order #37, which replaced COMPS Order #36 effective January 1, 2021.  The newly adopted 2022 Publication And Yearly Calculation of Adjusted Labor Compensation (2022 PAY CALC) Order is also effective as of January 1, 2022. The schedule below details 2021 rulemaking events and deadlines that were a part of the the COMPS Order #38 and 2022 PAY CALC Order rulemaking processes. The Division's Statement of Basis, Purpose, Authority, and Findings for COMPS Order #38  offers more detail on the nature, basis for, and findings underlying the changes made to the COMPS Order.

   December 9, 2021, Public Hearing RSVP/Comments    RSVP/Comentarios para la Audiencia Publica el 9 de diciembre del 2021                                        

CDLE Division of Labor Standards & Statistics: Schedule of Events & Deadlines for Rulemaking

Event:    Public Comment Period Opens 

Topic:    Annual COMPS and other Potential Wage-and-Hour and Labor Rulemaking: Including annual adjustments to minimum wage and exemption salary figures

Details:  You may submit comments by email as well to michael.primo@state.co.us with the subject line: “Wage and hour comment by ____ [name of person, business, or organization]”. All comments will be publicly posted, below this table of rulemaking events, to let anyone review all comments submitted, and respond if they wish.

Friday, 8/13/21

Event:    Pre-Rulemaking Public Stakeholder Meeting

Topic:    Annual COMPS and other Potential Wage-and-Hour and Labor Rulemaking: Including annual adjustments to minimum wage and exemption salary figures

Details:  August 31, 2021 Recording

Tuesday, 8/31/21

Event:    Publication of Proposed Rules 

Topic:    Annual COMPS and other Potential Wage-and-Hour and Labor Rules: Including annual adjustments to minimum wage and exemption salary figures

Details:  Publication of proposed rules serves to focus the ongoing comment period, to solicit feedback on the proposed rules in advance of any final rules.

               To view the rules proposed on 9/30/21, click here.         

 Thursday, 9/30/21

 

Event:    Public Hearing on Proposed Rules

Topic:    Annual COMPS and other Potential Wage-and-Hour and Labor Rules: Including annual adjustments to minimum wage and exemption salary figures

Details:  November 1, 2021 Recording

 Monday, 11/1/21, 3:00 pm

Event:    Comment Deadline

Topic:    Annual COMPS and other Potential Wage-and-Hour and Labor Rules: Including annual adjustments to minimum wage and exemption salary figures

Details:  This closes the comment period that began in August as to the wage-and-hour rules.

Wednesday, 11/3/21

Event:    Adoption of Final Rules

Topic:    Annual COMPS and other Potential Wage-and-Hour and Labor Rules: Including annual adjustments to minimum wage and exemption salary figures

Details:  This is the deadline for the Division to adopt the 2022 version of Colorado’s annually issued wage-and-hour rules, COMPS Order (described above). This is not the effective date of those rules: effective dates will have been proposed in the published proposed rules, and then actually set by the final rules adopted on this date. Effective dates will be no earlier than January 1, 2022.

 Wednesday, 11/10/21

 

Comments: Summer/Fall 2021 COMPS and other Potential Wage-and-Hour and Labor Rulemaking
Following is the appropriate contact information to communicate with us about the COMPS Order:
 
On the rule-making process: Email:michael.primo@state.co.us
Press inquiries: Email:cher.haavind@state.co.us
Employer or employee questions on substance of COMPS rules: Call (303-318-8441) or Email:cdle_labor_standards@state.co.us

 

Background information and additional resources on the COMPS Order: In a rulemaking effort that began in summer 2019, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment replaced the annually issued Minimum Wage Order with Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36. The COMPS Order, like the prior issued wage orders, is the source of critical Colorado wage rights and responsibilities beyond those provided by federal law: eligibility for the Colorado minimum wage, overtime pay for work past 40 hours per week and 12 hours per day, meal and rest breaks, and other employee and employer rights and responsibilities, such as what wage deductions are permissible, how hourly rates are calculated from non-hourly pay for overtime, and posting the Order's provisions to employees for ease of access. INFO # 1: Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #36summarizes key parts and interpretations of COMPS Order #36.The Division's Statement of Basis, Purpose, Authority, and Findings offers more detail on the nature, basis for, and findings underlying all changes.

The public hearing on COMPS Order #36 was held on Monday, December 16, 2019 at 3:00 pm at the Colorado Division of Labor Standards and Statistics, 12th Floor Conference Room, 633 17th Street, Denver, CO 80202.The hearing was transcribed, and a draft of the transcript is publicly available, in addition to all the comments received, and the transcript of the Division's pre-rulemaking public meeting which took place on August 28, 2019 (scroll down to find these documents).

COMPS Order #36 took effect March 16, 2020, with three narrow modifications based on developments since the original January adoption of COMPS Order #36, yielding the current version of COMPS posted above. The Statement of Basis, Purpose, Authority, and Findings accompanying the spring 2020 modifications explains the modifications considered and adopted at that time.

 

 

AMENDED MINIMUM WAGE ORDER 35 (Jan. 1 - Mar. 15, 2020)

Pursuant to Section 15, Article XVIII of the Colorado Constitution, these temporary rules in effect January 1 - March 15, 2020, increase the state minimum to $12.00 per hour, effective January 1, 2020, and conformed the Colorado Minimum Wage Order #35, 7 CCR 1103-1, to statutory changes to C.R.S. Title 8.

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