COMPS Order Adopted
February 1, 2020
On January 22, 2020, the Colorado Department of Labor adopted its “COMPS” Order, which replaces what has previously been known as the Colorado Minimum Wage Order.
Unlike the Minimum Wage Order, the COMPS Order would presumptively cover all industries with certain exceptions, some of which apply to certain employer types and others to specific positions.
In addition, starting January 1, 2020, it would impose a salary threshold necessary for Colorado employees who are exempt from overtime of $35,568, which is the same as the federal salary threshold. Then, starting January 1, 2021, the threshold would increase to $40,500. The threshold would increase by $3,000 per year until reaching $55,000 in 2026. Thereafter, it would be adjusted annually by the Consumer Price Index (“CPI”). In addition, to be exempt, an employee would have to have certain duties, similar to the federal standards.
The COMPS order would add new exemptions which track federal law, such as an exemption for owners of businesses. It would also add others not present under federal law, such as exemptions for high-ranking officers of non-profit companies. More information can be found here.
Except for the salary threshold, which, as indicated above, takes effect on January 1, 2021, the COMPS Order will take effect March 16, 2020.