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Colorado Overtime & Minimum Pay Standards (COMPS) Order

Last Updated December 30, 2022

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 remains in effect for 2023  The 2023 Publication And Yearly Calculation of Adjusted Labor Compensation (2023 PAY CALC) Order, which publishes values that adjust periodically under the COMPS Order, is also effective as of January 1, 2023. 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.                            

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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) #36 summarizes 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.

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.


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