7 Colo. Code Regs. § 1103-1-7
Current through Register Vol. 47, No. 11, June 10, 2024
Rule 7 CCR 1103-1-7 - Employer Record-Keeping and Posting Requirements7.1 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.37 CR 23, December 10, 2014, effective 12/30/201438 CR 23, December 10, 2015, effective 1/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 23, December 10, 2017, effective 1/1/201841 CR 23, December 10, 2018, effective 1/1/201943 CR 04, February 25, 2020, effective 3/16/202043 CR 12, June 25, 2020, effective 7/15/202043 CR 23, December 10, 2020, effective 1/1/202144 CR 23, December 10, 2021, effective 1/1/202246 CR 23, December 10, 2023, effective 1/1/2024