COMPS: coming soon to a workplace near you

Winter has already come to the Rocky Mountains, but another challenge is looming on the horizon for Colorado employers. In November, the Colorado Department of Labor and Employment's (CDLE) Division of Labor Standards and Statistics proposed replacing Minimum Wage Order #35 with Colorado Overtime and Minimum Pay Standards (COMPS) Order #36. If it becomes final in March as expected, COMPS Order #36 will change Colorado's minimum wage and overtime landscape for employers in several key ways. The two most significant changes are expanded coverage and higher salary thresholds for exempt employees, but there's a lot for Colorado employers to digest beyond those two changes.

Expanded employer coverage

Previous Colorado wage orders covered employers in only four broadly defined industries: retail and service, food and beverage, commercial support service, and healthcare and medical. The new COMPS Order covers every employer in Colorado, unless you are specifically excluded. A janitor will be treated the same way under the new rules regardless of whether she works at a retail store, hospital, sports arena, or construction firm.

Rule 2 lists numerous exemptions from the minimum wage and overtime requirements. Some apply to specific jobs (e.g., interstate transportation workers), and some apply to all Colorado employees in a certain category (e.g., bona fide volunteers). If your organization was previously exempt from the rules, you'll want to closely examine whether any of the specific exemptions still apply.

Increased salary thresholds for exemption