Colorado Minimum Wage Order Poster Mandatory

COLORADO OVERTIME & MINIMUM PAY STANDARDS  ORDER 	Effective 1/1/24: 	must update  annually	; 	
(“COMPS Order”)  #39, POSTER & NOTICE 	new poster  available  each December 	
Colorado Minimum Wage: 	inflation-adjusted annually; $14.42/hour  in 2024, 	(Rule 3) 	
• Employees  must be  paid at least minimum  wage (whether hourly, salary, commission,  piecework, etc.) unless exempt 
•  Unemancipated  minors
 can

 be paid 15% less than full minimum  wage 
•  Use the highest minimum  wage
 that

 applies;  all local  minimum  wages are posted at ColoradoLaborLaw.gov 	
Overtime: 	1½ times regular  pay rates  for hours over  40 weekly	, 12 daily	, or 12  consecutive 	(Rule 4) 	
• Overtime  is required  each week over 40 hours, or day over 12, even if 2 or more weeks or days  average fewer hours 
•  Employers cannot provide
  time off (“comp  time”) instead of time-and-a-half  premium pay for overtime  hours 
•  Key variances/exemptions  (all are
  detailed in Rules 2.3-2.4): 
- Modified overtime  in a small number of health  care jobs; exemption  for certain heavy vehicle  drivers 
-  No  40-hour weekly
  overtime in downhill ski/snowboard jobs (but 56-hour overtime  for many under federal law) 
-  Agriculture:  overtime after 
 48-56 hours (based on size and seasonality);  extra breaks and pay on long days 	
Meal Periods: 	30 minutes uninterrupted and duty-free, for  shifts over 5 hours 	(Rule 1.9) 	
• Can be unpaid, but only if employees  are completely  relieved  of all duties, and allowed  to pursue personal activities 
•  If work makes uninterrupted  meal
 periods  

impractical, eating on-duty must be permitted,  and the time must be paid 
•  To the extent  practical,
 meal  
periods
  must be at least 1 hour after starting  and 1 hour before ending shifts 	
Rest Periods: 	10 minutes, paid, every 4 hours 	(Rule 5.2) 	
#Work Hours: 	Up to 2 	>2, up to 6 	>6, up to 10 	>10, up to 14 	>14, up to 18 	>18, up to 22 	>22 	
#Rest Periods: 	0 	1 	2 	3 	4 	5 	6 	
• Need not be off-site, but must not include  work, and should be in the middle of the 4 hours to the extent practical 
•  Rest  periods  are time
  worked  for minimum  wage and overtime  purposes, and if employers  do not authorize and permit 
rest  periods, they  must pay extra  for time  that would  have been rest periods,  including  for non-hourly-paid  employees 
•  Key variances/exemptions: 
- In some circumstances,  10-minute
 rest  

periods can be divided into two of 5 minutes (Rule 5.2.1) 
-  Agriculture:  certain work requires
  more  breaks; other  is exempt  (Rule 2.3, & Agricultural  Labor Conditions  Rules) 	
Time Worked: 	Pay for time employers  allow performing labor/service  for their  benefit 	(Rule 1.9) 	
• All time  on-premises, on  duty, or at workplaces (but not just letting  off-duty employees be on-premises), including: 
-  putting on/removing
 work  

clothes/gear (but not clothes  worn outside work),  cleanup/setup, or other off-clock duty, 
-  waiting for assignments
  at work, or receiving or sharing work-related  information, 
-  security/safety  screening, or
  clocking/checking in or out, or 
-  waiting for any
  of the above tasks. 
•  Travel  for employer
  benefit  is time worked; normal  home/work travel  is not (details in Rule 1.9.2) 
•  Sleep time,  if
 suf

ficiently uninterrupted  and lengthy, can be excluded  in certain situations  (details in Rule 1.9.3) 	
Deductions, Credits, Charges, & Withheld Pay 	(Rule 6, and Article 4 of C.R.S. Title 8) 	
• Final pay: Owed promptly  (if a  termination by employer)  or at next pay date (if employee  resigned) 
•  Vacation  pay:
 Departing  
employees
  must  be paid  all accrued  and unused vacation  pay, including paid time off usable 
for vacation,  without deducting  or declaring forfeiture based on cause for termination,  lack of resignation notice, etc. 
•  Deductions  from pay: Allowed
  if  listed  below  or in C.R.S.  8-4-105  (including  deductions  required by law,  in a 
written agreement  for the benefit of the employee,  for theft in a police  report, or for property loss after  audit/notice) 
•  Tip credits:  Employers can
  pay up to $3.02 below the highest applicable  minimum wage (Colorado or local),  if: 
(a)  tips  (not  mandatory  service charges)  raise pay to full  minimum,  & (b)  tips  aren’t  diverted  to non-tipped  staff/owners 
•  Meal credits/deductions:  Allowed for
  the cost or value (without employer  profit) of voluntarily  accepted meals 
•  Lodging credits/deductions:  Allowed if
  housing is voluntarily accepted by the employee,  primarily for the employee’s 
(not the employer’s) benefit,  recorded in writing, and limited  to $25 or $100 per week (based on housing type) 
•  Uniforms:  Must be provided
  at  no cost unless they are ordinary clothes  without special material or design; employers 
must pay for any special  cleaning required, and cannot  require deposits or deduct for ordinary wear and tear 	
Exemptions from COMPS 	(Rule 2.2 lists all; key exemptions are below) 	
• Executives/supervisors,  administrators, and professionals  paid  at least  a salary (not hourly wages) of $55,000 in 2024 
(then inflation-adjusted  in future years), except $33.17/hour for highly technical  computer work 
•  Other highly compensated,  non-manual-labor employees paid
  at least 2.25 the above salary ($123,750 in 2024) 
•  20% owners, or at a nonprofit the highest-paid/highest-ranked  employee, if 
 actively engaged in management 
•  Various (not all) types of
  salespersons, taxi drivers, camp/outdoor  education field staff, or property managers 	
Record-Keeping & Notices of Rights 	(Rule 7) 	
• Employers  must give all  employees  (and keep  for three  years)  pay statements  that include  time worked,  pay rate 
(including  any tips and credits), and total  pay 
•  This  year’s  poster  must
  be  displayed  where easily accessible,  or if not  practical  (such as for  remote  workers), 
provided within one month of beginning  work and when employees request a copy 
•  Employers must include
  a copy of this poster, or the COMPS Order, in any employment  handbook or manual 
•  Violation  of notice  of
  rights  rules (posting  or distribution),  including by providing  information  undercutting  this 
poster, may yield  fines and/or ineligibility  for employee-specific credits, deductions, or exemptions  in COMPS 	
Complaint & Anti-Retaliation Rights 	(Rule 8) 	
• Employees  can send  the Division (contact  info below) complaints  or tips about violations,  or file lawsuits in court 
•  Employers cannot retaliate
  against, or interfere  with, employees exercising their rights 
•  Anonymous tips are accepted;  anonymity or 
 confidentiality are protected if requested (Wage Protection  Rule 4.7) 
•  Owners  and other  individuals
  with  control  over work  may be liable  for certain  violations  — not  just  the business, 
even if the business is a corporation,  partnership, or other entity separate from its owner(s) (Rule 1.6) 
•  Immigration  status is irrelevant
  to  these  labor rights:  the Division  will not ask  or report  status in investigations  or 
rulings, and it is illegal  for anyone to use immigration  status to interfere with these rights (Wage Protection  Rule 4.8) 	
This Poster  is a summary  and cannot  be relied  on as complete  labor law information	. For all rules	, fact sheets	, translations	, questions	, or complaints	, contact: 	
DIVISION OF LABOR STANDARDS & STATISTICS	, ColoradoLaborLaw.gov	, cdle	_labor	_standards	@	state.co.us	, 303-318-8441  / 888-	 390-7936