Proposed New Colorado Wage-and-Hour Rules for 2022
by Erik Cansler
The Colorado Dept. of Labor and Employment (CDLE) has proposed three new sets of wage-and-hour rules to go into effect January 1, 2022.
First, new wage protection rules[1] will:
redefine “vacation pay” in line with a court ruling that vacation pay is not forfeitable;
clarify pay rates & hours for Healthy Family Workplace Act (HFWA) leave for employees with certain irregular pay or hours;
clarify employers’ HFWA recordkeeping requirements; and
clarify the HFWA exemption for Collective Bargaining Agreements which provide equivalent or better leave.
Next, pay & income figures such as minimum wages and minimum earnings for various exemptions will be consolidated onto one page for easier reference.[2] To now, these numbers had been scattered throughout the Colorado Overtime and Minimum Pay Standards (COMPS) order.
Finally, the COMPS order will be modified with rules for agricultural employees’ wages, hours, overtime, and breaks; instructions on calculating “regular rates of pay” for employees with more than one hourly rate; and an exemption from minimum wage and overtime pay rules for “highly compensated employees” not covered by existing exemptions.[3] The latter provision is similar to the exemption under the federal Fair Labor Standards Act.[4]
The Takeaway
Most Colorado employers will be affected by at least one of the proposed new CDLE rules. In upcoming posts we will look at the approaching changes in more detail. Call the attorneys at Campbell Litigation at (303) 536-1833 to discuss how your business can be ready for January 1, 2022.
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[1] See proposed rule at cdle.colorado.gov/sites/cdle/files/7%20CCR%201103-7%20Wage%20Protection%20Rules%20PROPOSED%20Clean.pdf, last visited October 5, 2021.
[2] See proposed rule at cdle.colorado.gov/sites/cdle/files/1103-14%202022%20PAY%20CALC%20Order%20PROPOSED.pdf, last visited October 5, 2021.
[3] See proposed rule at cdle.colorado.gov/sites/cdle/files/7%20CCR%201103-1%20COMPS%20Order%20PROPOSED%20clean.pdf, last visited October 5, 2021.
[4] See, e.g., www.dol.gov/sites/dolgov/files/WHD/legacy/files/fs17h_highly_comp.pdf, last visited October 5, 2021.