Colorado employers must display a COMPS Order poster published by the Colorado Division of Labor and Employment in an area frequented by employees where it may be easily read during the workday. If a physical posting is impractical, a copy of the COMPS Order or poster should be provided to each employee within their first month of employment and must be made available to employees upon request.
So far, so good, as this is similar to the notice requirements of many other state and federal employment laws.
What’s unique about the Colorado COMPS Order is an additional requirement: employers that publish or distribute employee handbooks, manuals, or policies should include a copy of the COMPS Order or COMPS Order poster with such documents. When an employer requires employees to sign any handbook, manual, or policy, it must also have the employees sign an acknowledgment of being provided the COMPS Order or the COMPS Order poster. Here is a sample policy for your handbook.
The first of a new year is a typical time for organizations to publish or distribute an updated version of their Employee Handbook; employers should have workers sign or acknowledge the COMPS Order in addition to the Acknowledgement of Receipt when issuing a new version.
If you’re not updating your handbook, you may consider providing a copy of the COMPS Order or poster on an annual basis since some employees may have acknowledged an older version of the order, #36. The newest version, Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #37, is effective January 1, 2021.
Please call Employers Council with any questions; we’re here to help.