CDLE publishes new crop of rules and posters for 2022

The CDLE (Colorado Department of Labor and Employment) posted a new crop of rules and posters for 2022. Included are the following:

• COMPS Order #38 with a supplementary PAY CALC Order. The new COMPS Order is effective 1/1/2022.
  • The new order includes:
    • The new minimum hourly wage in Colorado ($12.56, or for tipped employees, $9.54).
    • A new exemption under Colorado state employees for Highly Compensated Employees who earn at least the minimum weekly guaranteed salary for exempt employees ($515) and, annually, at least 2.25 times the minimum guaranteed salary required for other exemptions ($101,250 for 2022, equaling 2.25x$45,000). This new exemption applies to individuals who perform at least one of the exempt duties of a white-collar exemption and whose primary duty is office or non-manual work.
    • A rule (5.2.4) that states the remedies for failure to permit the required rest 10-minute periods include an extension of the employee’s actual hours worked that day by the required 10 minutes. In other words the employer cannot count the 10 minutes as a rest period, rather, it counts as hours worked that day.
    • An explanation of how to calculate the regular rate of pay for employees working at two or more non-exempt hourly rates during a single week.
  • Employers are also reminded to post the new COMPS Order (and the new PAY CALC Order’s numbers) or if not practical in any given physical site, to distribute the same pursuant to Rule 7.4.
• Wage Protection Rules, effective 1/1/2022, includes Rule 2.17 defining “vacation” (which is required to be paid out at termination and cannot be subject to use-it-or-lose-it forfeitures) as including any paid leave the employee may use “at the employee’s discretion … rather than leave usable only upon occurrence of a qualifying event (for example, a medical need, caretaking requirement, bereavement or holiday),” in other words, and as an example, PTO is now considered “vacation” that must be paid out at termination and cannot be subject to use-it-or-lose-it forfeitures.