Current through Register Vol. 47, No. 17, September 10, 2024
7.1 Employee
Records. Every employer shall keep at the place of employment, or at the
employer's principal place of business in Colorado, a true and accurate record
for each employee which contains the following information:
(A) name, address, occupation, and date of
hire of the employee;
(B) date of
birth, if the employee is under 18 years of age;
(C) daily record of all hours
worked;
(D) record of credits
claimed and of tips; and
(E)
regular rates of pay, gross wages earned, withholdings made, and net amounts
paid each pay period.
7.2
Issuance of Earnings Statement. An itemized earnings statement of the
information in Rule 7.1(D)-(E) and the total hours worked in the pay period,
with the employee's and the employer's names, shall be provided to each
employee each pay period.
7.3
Maintenance of Earnings Statement Information. An employer shall retain records
reflecting the information contained in an employee's itemized earnings
statement as described in this rule for at least 3 years after the wages or
compensation were due, and for the duration of any pending wage claim
pertaining to the employee. Each employer shall provide each employee access to
the information in Rules 7.1(A) and (C) in any of the following forms it
chooses:
(A) provide the information with the
regular earnings statements;
(B)
provide each employee with access to a functioning electronic portal that shows
the information - but this method is permissible only if the employer knows an
email address of the employee; or
(C) provide each employee the information for
the entire calendar year by January 31st the following year and, in addition,
provide the information to an employee upon a request that an employee may make
once per year.
7.4
Posting and Distribution Requirements.
7.4.1
Posting. Every employer subject to the COMPS Order must display a COMPS Order
poster for the current year, with applicable dollar figures as stated in the
PAY CALC Order for that year, published by the Division in an area frequented
by employees where it may be easily read during the workday. If the work site
or other conditions make a physical posting impractical (including private
residences employing only one worker, and certain entirely outdoor work sites
lacking an indoor area), the employer shall provide a copy of the COMPS Order
or poster to each employee within his or her first month of employment, and
shall make it available to employees upon request. Employers shall be deemed
noncompliant if they attempt to minimize the effect of posters or notices
required by statute or these Rules, such as by communicating positions contrary
to, or discouraging the exercise of rights covered in, the required poster or
notice. An employer that does not comply with the above requirements of this
paragraph shall be ineligible for any employee-specific credits, deductions, or
exemptions in the COMPS Order, but shall remain eligible for employer- or
industry-wide exemptions, such as exempting an entire employer or industry from
any overtime or meal/rest period requirements in Rules 4-5.
7.4.2 Distribution. Every employer publishing
or distributing to employees any handbook, manual, or written or posted
policies shall include a copy of the COMPS Order, or a COMPS Order poster
published by the Division, with any such handbook, manual, or policies. Every
employer that requires employees to sign any handbook, manual, or policy shall,
at the same time or promptly thereafter, include a copy of the COMPS Order, or
a COMPS Order poster published by the Division, and have the employee sign an
acknowledgement of being provided the COMPS Order or the COMPS Order
poster.
7.4.3 Translation.
Employers with any employees with limited English language ability shall:
(A) use a Spanish-language version of the
COMPS Order and poster published by the Division, if the employee(s) in
question speak Spanish; or
(B)
contact the Division to request that the Division, if possible, provide a
version of the COMPS Order and poster in another language that any employee(s)
need.