The Division of Labor Standards and Statistics refers to the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #38 to answer questions about exempt and non-exempt employees.
Employees and employers should be aware that they may also be covered by the Fair Labor Standards Act and should contact the United States Department of Labor at 720-264-3250 for additional information.
Not all salaried employees are exempt. To be exempt under COMPS Order #38, the employee must meet the criteria for the relevant exemption. If the employee doesn't meet the criteria, the employee is non-exempt and is entitled to all of the protections of the COMPS Order, including overtime, rest, and meal periods.
Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #38 (Rule 2)
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