Colorado Court of Appeals holds, and new COMPS Order 37 confirms, that Colorado state wage laws, like federal wage laws, exempt interstate drivers even if the driver himself does not cross state lines

The Colorado Court of Appeals held that the “interstate driver” exemption in the Colorado state wage laws (including the COMPS Orders), like federal wage law (including FLSA), exempts drivers who transport goods moved in interstate commerce, even if the driver himself only drives the final leg of transport within the state, without himself crossing state lines, especially where the driver is covered by DOT driver regulations.   The case brings Colorado in line with other courts to address the issue.

Source: Gomez v. JP Trucking, Inc., case no. 17CA2384, 2020 COA 153 (Colo.App. 11/5/2020).

Updated: Shortly after the Court issued its decision, the Colorado Department of Labor and Employment (CDLE) issued COMPS Order 37, in which it appears to have reversed its prior position in COMPS Order 36, which was rejected by the Court in Gomez, and now agrees with the ruling in Gomez; however, the CDLE included in its new COMPS Order 37, rules 2.4.6 and 2.2.6, where it mandates as a condition of such exemption, that such drivers also are paid at least 50 hours of pay at minimum wage, with overtime, which calculates in 2021 to be a minimum weekly payment of $677.60.