The following are excludable from the regular rate of pay: business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, or jury duty. The regular rate includes all compensation paid to an employee, including set hourly rates, shift differentials, minimum wage tip credits, non-discretionary bonuses, production bonuses, and commissions. ![]() Hours worked in two or more workweeks shall not be averaged for computation of overtime. A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. Workweek Definition and OvertimeĪ workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. More> Overtime HoursĮmployees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty hours per workweek, (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages. But there are no federal laws that govern work schedules, and its important to know about proposed legislation that could affect companies and shift workers. The minimum wage for all hours worked must be paid in accordance with the Wage Order, the Colorado Constitution and federal law. For information about the Fair Labor Standards Act and overtime, contact the United States Department of Labor at 72. If an employee is covered under both Colorado and federal law, then the employer must follow the law which provides the greater protection to employees. Some states and localities have predictive scheduling laws that limit on-call scheduling and impose penalties when employees aren’t given sufficient notice of schedule changes. The following information only applies to non-exempt employees covered by COMPS Order #38 (most employees).Įmployees may also be covered under the Fair Labor Standards Act, a federal law addressing minimum wage and overtime pay.
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