Note: For any employer that is not subject to the $684 per week salary for all or part of 2020, the required salary is the equivalent of the Colorado $12.00 minimum wage for all hours worked in a workweek.
The industries that are specifically excluded from the new Overtime requirements are; certain salespersons or mechanics, commission sales, ski industry, medical transportation employees, and healthcare employees whom follow the eight and eighty rule.
Employees should be paid time and half their regular rate of pay for any work more than forty hours a week, 12-hours in a workday, or 12 consecutive hours without regard to start and end time.
Note: The requirement to pay overtime for work in excess of 12 consecutive hours will not alter the employee's established workday or workweek, as previously defined.
The specific professions that are excluded from the Salary Threshold requirements are; doctors, lawyers, teachers whom qualify as professional employees, and employees in a highly technical computer related field.
UPDATE 03/18/2020: An additional exemption has been made for those with direct care or direct support “companions” who are funded by Medicaid or other governmental sources (at least 75% of total revenue) and who work shifts of 24 hours or longer, and provide services within Medicaid home and community based services waivers. These workers are not subject to the 12-hour overtime rule. This is effective March 16, 2020.
Meal and Rest Breaks
Employees are entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds five consecutive hours. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period in order for their meal period to qualify as non-work, uncompensated time. If circumstances make an uninterrupted meal period impractical, the employee shall be permitted to have an on-duty meal while performing work related activities. Employees must permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation.
Every employer must allow a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows: