Posters

7.4. Posting Requirements

7.4.1 Posting. Every employer subject to the COMPS Order must display a COMPS Order poster for the current year, with applicable dollar figures as stated in the PAY CALC Order for that year, published by the Division in an area frequented by employees where it may be easily read during the workday. If the work site or other conditions make a physical posting impractical (including private residences employing only one worker, and certain entirely outdoor work sites lacking an indoor area), the employer shall provide a copy of the COMPS Order or poster to each employee within his or her first month of employment, and shall make it available to employees upon request. Employers shall be deemed noncompliant if they attempt to minimize the effect of posters or notices required by statute or these Rules, such as by communicating positions contrary to, or discouraging the exercise of rights covered in, the required poster or notice. An employer that does not comply with the above requirements of this paragraph shall be ineligible for any employee-specific credits, deductions, or exemptions in the COMPS Order, but shall remain eligible for employer- or industry-wide exemptions, such as exempting an entire employer or industry from any overtime or meal/rest period requirements in Rules 4-5. 

7.4.2 Distribution. Every employer publishing or distributing to employees any handbook, manual, or written or posted policies shall include a copy of the COMPS Order, or a COMPS Order poster published by the Division, with any such handbook, manual, or policies. Every employer that requires employees to sign any handbook, manual, or policy shall, at the same time or promptly thereafter, include a copy of the COMPS Order, or a COMPS Order poster published by the Division, and have the employee sign an acknowledgement of being provided the COMPS Order or the COMPS Order poster. 

7.4.3 Translation. Employers with any employees with limited English language ability shall: 

(A) use a Spanish-language version of the COMPS Order and poster published by the Division, if the employee(s) in question speak Spanish; or

(B) contact the Division to request that the Division, if possible, provide a version of the COMPS Order and poster in another language that any employee(s) need. 

Rule 4. Poster requirements. A poster informing all employees and workers of their rights under HFWA and PHEW must be posted, displayed, or otherwise provided by employers and principals, as required by C.R.S. § 8-13.3-408 (HFWA), and C.R.S. § 8-14.4-103 (PHEW). All agricultural employers must post a notice of agricultural employees’ rights under Part 2 of Article 13.5 of Title 8, C.R.S., as required by C.R.S. § 8-13.5-202. 

4.1.1 The poster(s) must specify: (A) (B) (C) (D) for those covered by HFWA, (1) the amount of paid sick leave to which employees are entitled, and (2) the terms of its use; for those covered by PHEW, (1) the right to raise reasonable concerns about workplace violations of government health or safety rules, or otherwise significant workplace health or safety threats, and (2) the right to wear one’s own personal protective equipment, such as a mask, faceguard, or gloves, if it provides a higher level of protection than already-provided equipment, is recommended by a governmental public health agency with jurisdiction over the workplace, and does not render the worker incapable of performing the job duties; for those covered by either HFWA or PHEW, (1) that it is unlawful to retaliate for or interfere with HFWA or PHEW rights, and (2) that a complaint may be filed if retaliation, interference, or another denial of HFWA or PHEW rights occurs; and for those covered by the ALRRA, all rights under Part 2 of Article 13.5 of Title 8, C.R.S., and rules issued pursuant to and as implementation of those provisions, including: (1) § 202 of Part 2 (access to key service providers, visitors, and employee residences); (2) § 203 of Part 2 (protections from heat illness and injury; restrictions on short-handled hoe and other short-handled tool use; and for handweeding/thinning, additional rest as well as gloves and knee pads); and (3) § 204 of Part 2 (procedures and remedies for enforcement of Part 2 rights); and (4) the Agricultural Labor Conditions Rules, 7 CCR 1103-15. 

4.1.2. Employers and principals may use the latest version of the “Colorado Workplace Public Health Rights Poster” (provided by the Division at www.coloradolaborlaw.gov) to satisfy the poster requirements of both HFWA and PHEW. Agricultural employers may use an up-todate “Agricultural Labor Rights and Responsibilities Poster” published by the Division or, at any time such a poster is unavailable, an up-to-date version of an Interpretive Notice and Formal Opinion on agricultural labor rights and responsibilities published by the Division, to satisfy the poster requirements of the ALRRA. Employers and principals may comply by using another poster that contains all substantive information in the “Colorado Workplace Public Health Rights Poster,” and if applicable, in an “Agricultural Labor Rights and Responsibilities Poster,” and otherwise satisfies all statutory and rule requirements. 

4.1.3. The poster(s) shall be displayed in each establishment where employees or workers work, in a conspicuous location frequented by employees or workers where it may be easily read during the workday, and in all places where notices concerning the rights and safety of employees or workers are customarily posted — such as in break rooms, on employee bulletin boards, and/or adjacent to time clocks, department entrances, and/or facility entrances. In addition: 

(A) Agricultural employers must post an “Agricultural Labor Rights and Responsibilities Poster” or equivalent posting at any employer-provided housing, and must post it electronically, including by e-mail and on an intranet or internet site, if the agricultural employer customarily communicates with agricultural employees by these means. 

(B) If the work site or other conditions make a physical posting of the “Colorado Workplace Public Health Rights Poster” impractical (including remote work, private residences employing only one worker, and certain entirely outdoor work sites lacking an indoor area), the employer or principal shall provide a copy of the poster to each employee or worker within their first month of work, including through (if information is customarily disseminated to the employees or workers through these means) either electronic communication or conspicuous posting in a web-based platform. 

2.3.2 Overtime and Maximum Hours Protections. 
Highly seasonal employers may pay weekly overtime after 56 hours (rather than 48 hours for non-highly seasonal agricultural employers) if they provide employees with initial disclosures and written notices regarding peak weeks.  

2.3.2(C)(1) The initial disclosure must be provided to employees, at least annually and at least 30 days in advance of the first expected peak week. The initial disclosure must include (1) notice that overtime will be paid for hours over 56 hours in a week during peak weeks; (2) how the employer plans to group those peak weeks, i.e., whether the employer’s total 22 peak weeks per year will be divided into one, two, or three periods (of four weeks or more); and (3) a good-faith estimate of the months in which the peak weeks will occur.  

2.3.2(C)(2) Written notice of which weeks will be the peak weeks must be provided to employees at least annually and no later than the seventh day before the first peak week. After that notice, the employer may change which weeks are the peak weeks if (1) it provides at least one week’s written notice of any week being added or removed as a peak week, (2) the initial disclosure was the employer’s good-faith, reasonable expectation of which weeks would be the peak weeks, and (3) the changes are based on circumstances not foreseeable at the time of the initial disclosure, e.g., a late frost.

2.3.2(C)(3) Notices and disclosures related to overtime and peak weeks must be provided in English and any language that is the first language spoken by at least five percent of the employer’s workforce at any point during the year.

Highly seasonal agricultural employers may, but are not required to, use the Division’s courtesy form, provided below, to meet the notice and disclosure requirements.

8-4-107. Post notice of paydays. Every employer shall post and keep posted conspicuously at the place of work if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer a notice specifying the regular paydays and the time and place of payment, in accordance with the provisions of section 8-4-103, and also any changes concerning them that may occur from time to time.