State Update Overview
| Date Updated | December 2023 |
| Labor Law Update | The Colorado Overtime & Minimum Pay Standards Order; EEOC “Know Your Rights” and DOL “Employee Rights Under the FLSA” Posters |
| What Changed | Increase in minimum wage rates and change in overtime rule; Recently enacted Pregnant Workers Fairness Act (PWFA) and Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) |
| Mandatory or Non-Mandatory | Mandatory |
| Updated Poster | Colorado Labor Law Poster |
In December 2023, the Colorado Department of Labor and Employment published a new Overtime and Minimum Pay Standards (“COMPS”) Order to set forth a minimum wage increase and change in overtime rules for agriculture employees.
Colorado Minimum Wage Law Update
- Minimum wage set to increase to $14.46 per hour effective January 1, 2024
- Agriculture employees are eligible for overtime after 48-56 hours (based on size and seasonality), and extra breaks and pay on long days
Wage and Hour Exemptions
Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. Colorado labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.
Effective June 27, 2023, the new Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The federal Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” Poster to summarize the new law.
EEOC “Know Your Rights: Workplace Discrimination is Illegal” Poster Updates
- Illegal employment discrimination on the bases of sex includes childbirth.
- Illegal employment discrimination includes interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation.
- Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical condition can be considered discriminatory.
- Discriminatory employment practice can include conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation.
Effective April 28, 2023, the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) extends the right to receive break time to pump and a private place to pump at work to more nursing employees. The federal Department of Labor (DOL) revised its “Employee Rights Under the Fair Labor Standards Act” poster to include changes from the new law.
DOL “Employee Rights Under the Fair Labor Standards Act” Poster Updates
- The section titled Nursing Mothers has been changed to Pump at Work.
- The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
- The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements.
Colorado Labor Law Poster Update
All businesses within the State of Colorado must display the new “Overtime & Minimum Pay Standards Order”, “Know Your Rights: Workplace Discrimination is Illegal”, and “Employee Rights Under the Fair Labor Standards Act” posters along with other state-mandated posting requirements where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our Colorado & Federal Labor Law Poster and require an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.
Order the Colorado & Federal Labor Law Poster to immediately include these required updates.
