Colorado Department of Labor and Employment Proposes New Rules
October 5, 2023
By: Colin A. Walker
In the 2023 Colorado legislative session, the Colorado Legislature passed, and the Governor signed, a number of new workplace laws. In addition, a number of existing laws were amended in significant ways. On September 30, 2023, the Colorado Department of Labor and Employment (CDLE) proposed changes to several rules to address the statutory changes.
- Equal Pay Transparency Rules. The proposed rule discusses the posting and announcement requirements for “career progression,” “career development,” (both new concepts introduced by the amendments to the Equal Pay for Equal Work Act, which were discussed in a previous blog post) and employers with fewer than 15 remote employees in Colorado.
- COMPS Order # 39 (2024). The proposed rule includes clarification of the “one minute rule” for compensable work; changes to the overtime rules regarding tips and which workers may participate in a tip pool; and new overtime exemptions for interstate carriers. There are also a number of non-substantive changes.
- PAY CALC Order (2024). The new rule will publish changes to the minimum wage and compensation thresholds for various laws. The proposed minimum wage for 2024 is $14.42 per hour.
- The Prevailing Wage and Residency Rules. Changes the rules to comply with recent legislation applying prevailing wage standards to additional types of energy projects and non-substantive changes.
The new rules will not go into effect until the rulemaking process is complete. The first step in the process is a public hearing, which will be held on October 30, 2023, starting at 3:00 pm. Interested parties may attend by phone or virtually (but not in person). The next step is written comments, which are due November 2, 2023. Click the (Proposed/Adopted Rules, Comments & Rulemaking Events Calendar) tab for additional information regarding the process.