Colorado Overtime Laws & Labor Standards
Comprehensive statutory guide to weekly thresholds, daily overtime rules, exempt salary minimums, and employee rights in Colorado.
Colorado Dedicated State Overtime Framework
Dedicated State Engine: Colorado overtime calculations apply Colorado COMPS Order #40 Rule 4.1 "greater-of" standard (12 hours per workday and 40 hours per workweek). Continuous overnight shifts crossing midnight are subject to input limitations in 24-hour day-entry grids and must be verified against actual shift logs.
Administered by: Colorado Department of Labor and Employment (CDLE).
Core Overtime Provisions for Colorado
Statutory thresholds governing regular rate calculations, workday limits, and workweek definitions.
1.5× regular rate for hours worked over 40 in an employer workweek.
1.5× regular rate for hours worked over 12 in any single designated workday under COMPS Order #40 Rule 4.1.
$1,111.23/week ($57,784/year)
Employee must earn at least the Colorado indexed salary threshold and satisfy Colorado executive, administrative, or professional exemption duties criteria.
Determining the Regular Rate of Pay
Overtime is calculated at 1.5× the employee regular rate of pay, not merely their base hourly wage. Under 29 C.F.R. Part 778 and state wage rules, the regular rate must include all remuneration for employment, including:
- Non-discretionary productivity and attendance bonuses
- Shift differentials (e.g., night shift, hazard pay)
- Commissions and piece-rate earnings
- Fair market value of non-cash compensation
Excludable payments include discretionary holiday gifts, reimbursed business expenses, and premium overtime rates already paid.
Overtime Exemptions & Duties Tests
An employee is not exempt from overtime simply because they are paid a salary. To be lawfully classified as exempt, an employee must satisfy BOTH:
- Salary Basis & Threshold Test: Paid a predetermined, non-deductible salary meeting the statutory threshold ($1,111.23/wk).
- Primary Duties Test: Primary job duties must consist of executive (management of enterprise), administrative (exercise of discretion on significant business operations), or professional (advanced knowledge in a specialized field).
Salaried non-exempt workers must be paid overtime for all hours worked over 40 in a workweek.
Authoritative Legal References & Labor Agency
Primary administrative authorities and official citations governing Colorado wage and hour compliance.
Colorado COMPS Order #40 (7 CCR 1103-1); CDLE PAY CALC Order 2026
View Labor Code GuidanceColorado Overtime Laws: Legal FAQ
Common legal questions regarding overtime compliance and worker protections in Colorado.
What is Colorado COMPS Order #40?
The Colorado Overtime and Minimum Pay Standards (COMPS) Order #40 is the primary administrative wage rule issued by CDLE governing minimum wage, overtime thresholds, exemptions, and rest/meal intervals across Colorado.
How does the Colorado 12-consecutive-hour overtime rule work?
Under COMPS Order #40 Rule 4.1, any continuous shift exceeding 12 hours triggers 1.5× overtime pay for hours beyond 12, even if the shift crosses midnight into a new calendar workday. Note that calendar-day timesheets require reviewing continuous shift spans.
Who is exempt from overtime in Colorado?
Employees earning at least $1,111.23/week ($57,784/year in 2026) who perform bona fide executive, administrative, or professional duties as defined by COMPS Order #40 Rule 2.2 are exempt from overtime.
Calculate Your Colorado Overtime Pay
Use our interactive engine to compute regular wages, overtime pay (1.5×), and statutory double-time with an itemized daily ledger.
Compare Overtime Rules in Other States
Review state-specific labor laws and federal baseline rules across the United States.