ColoradoOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: Colorado has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Daily overtime required after 12 hours per day. Salary exemption threshold: $1,111.23/week ($57,784/year).
What are the overtime rules in Colorado?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | YesAfter 12 hours per day |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does Colorado differ from federal overtime rules?
Colorado requires overtime after 12 hours in a day OR 40 hours in a week, whichever is more favorable to the employee. The Colorado Overtime and Minimum Pay Standards Order (COMPS Order) sets a higher salary threshold for exemptions than federal FLSA. Colorado also adopted the COMPS Order #39 effective 2025 with updated thresholds.
How to Calculate Overtime in Colorado
Example 1: Employee works 13 hours in one day at $20/hr (daily OT after 12)
12 x $20.00 = $240.00 (straight time) + 1 x $30.00 = $30.00 (daily OT at 1.5x after 12 hrs)
Total pay: $270.00
Example 2: Employee works 45 hours in a week, no day exceeding 12 hours
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (weekly OT at 1.5x)
Total pay: $950.00
Example 3: Salaried non-exempt employee at $1,000/week works 48 hours
$1,000.00 (salary for 40 hrs) + 8 x $12.50 = $100.00 (overtime premium half-time)
Total pay: $1,100.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
Colorado requires daily overtime after 12 hours per day. Enter today's hours for a daily breakdown, or leave blank for weekly-only calculation.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in Colorado?
Under Colorado law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises, on duty, or at a prescribed workplace
- •On-call time when the employee is restricted to the employer's premises or nearby
- •Travel time during the workday between job sites
- •Mandatory training, meetings, or lectures
- •Meal breaks of less than 30 uninterrupted minutes or where employee is not relieved of all duties
- •Rest periods of 20 minutes or less (paid under COMPS Order)
- •Time spent donning and doffing required protective equipment
Who is Exempt from Overtime in Colorado?
| Salary Threshold | $1,111.23/week ($57,784/year) — Colorado COMPS Order minimum, higher than federal |
|---|---|
| Exempt Categories | Executive, administrative, professional (Colorado applies its own duties tests which can differ from federal). Highly compensated employee threshold also differs. |
| Industry Exemptions | Certain agricultural workers, ski industry employees during ski season (modified rules), some transportation workers |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive/Supervisor | Salary $1,111.23+/week ($57,784/year in 2026); manages enterprise or department; directs 2+ employees; hire/fire authority; Colorado uses its own duties tests |
| Administrative | Salary $1,111.23+/week; office/non-manual work related to management or business operations; exercises discretion and independent judgment on significant matters |
| Professional | Salary $1,111.23+/week; advanced knowledge in science or learning acquired through prolonged study; or creative work requiring invention/imagination |
| Computer Employee | Salary $1,111.23+/week or hourly rate $34.85+ (2026); systems analyst, programmer, software engineer |
| Outside Sales | No salary requirement; primary duty is making sales away from employer's place of business |
| Highly Compensated Employee | Total annual compensation $130,014+ (2026) with weekly floor of $1,111.23; performs at least one exempt duty |
Must I Pay Unauthorized Overtime in Colorado?
Yes — you must pay for all overtime worked, even if unauthorized.
Colorado employers must pay for all overtime actually worked, even if it was not pre-authorized. Under the COMPS Order and Colorado law, an employer may impose discipline for policy violations but cannot withhold earned wages for hours actually worked.
Common Overtime Violations to Avoid in Colorado
These are the most common overtime mistakes employers make in Colorado. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Failing to pay daily overtime after 12 hours (unique Colorado threshold many out-of-state employers miss)
- 2.Misclassifying employees as exempt without meeting Colorado's higher salary threshold ($57,784/year vs. federal $35,568/year)
- 3.Not providing required 10-minute rest breaks for every 4 hours worked (COMPS Order requirement)
- 4.Averaging hours across workweeks
- 5.Failing to include bonuses and commissions in the regular rate for overtime calculation
- 6.Not paying overtime for mandatory training time
Penalties for Overtime Violations in Colorado
Colorado employers who violate overtime rules face liability for back wages plus penalties under the Colorado Wage Claim Act. Penalties include up to $1,000 per violation for willful violations. Employers may also owe liquidated damages equal to the unpaid wages. The Colorado DLSS can investigate complaints and issue orders for payment. Willful violations may result in treble (3x) damages. Employers who fail to pay final wages within the statutory timeframe face waiting-time penalties.
What Colorado Employers Need to Know
- •Colorado requires overtime after 12 hours in a single day — in addition to weekly overtime after 40 hours
- •The COMPS Order sets Colorado's salary exemption threshold at $50,000/year — well above the federal $35,568
- •Colorado applies its own duties tests for exempt status, which can be stricter than federal tests
- •Ski industry workers have modified overtime rules during ski season
- •Colorado law covers more workers than FLSA — fewer exemptions at the state level
Frequently Asked Questions
Does Colorado have daily overtime?
Yes. Colorado requires overtime pay at 1.5x the regular rate for hours worked beyond 12 in a single day, in addition to weekly overtime after 40 hours.
What is Colorado's salary threshold for exempt employees?
Colorado's COMPS Order sets the salary threshold at $50,000/year ($961.54/week), significantly higher than the federal FLSA minimum of $35,568/year.
Official Colorado Resources
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This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: Colorado Department of Labor and Employment — Division of Labor Standards and Statistics, U.S. Department of Labor.