Quick Answer
Understand Colorado overtime laws under COMPS Order. Learn about weekly and daily overtime, exemptions, and how to recover unpaid overtime.
Quick Answer: Colorado's COMPS Order requires overtime pay at 1.5 times the regular rate for hours over 40 per week AND over 12 hours per day—stronger than federal law which has no daily overtime. The order covers most industries. Colorado's salary threshold for exemptions is $56,485/year (2026). File complaints with the Division of Labor Standards and Statistics.
Colorado provides overtime protections beyond federal law.
Colorado Overtime Basics
The Rules
Overtime required:
- 1.5× regular rate after 40 hours/week
- 1.5× regular rate after 12 hours/day
- Whichever triggers first
- Cannot average across weeks
COMPS Order
Colorado Overtime and Minimum Pay Standards:
- State's wage and hour order
- Broader than federal FLSA
- Covers most industries
- Updated annually
Daily Overtime (State Specific)
Unlike federal law:
- Colorado has daily overtime
- Kicks in after 12 hours in a day
- Even if weekly hours under 40
- Significant protection
Who's Entitled to Overtime
Non-Exempt Employees
Most workers covered:
- Hourly employees
- Salaried below threshold
- Don't meet exemption tests
- Entitled after thresholds
COMPS Coverage
Covers virtually all industries:
- Retail and service
- Food and beverage
- Healthcare
- Commercial support
- Agriculture (expanded)
- Domestic workers
Exempt Employees
Salary Threshold
To be exempt in Colorado:
- Must earn at least $56,485/year (2026)
- Higher than federal threshold
- Plus meet duties test
- Adjusted annually
Colorado vs. Federal Threshold
| Year | Colorado | Federal |
|---|---|---|
| 2026 | $56,485 | $35,568 |
| 2024 | $55,000 | $35,568 |
Exempt Duties Tests
Executive exemption:
- Manage enterprise/department
- Direct 2+ employees
- Hiring/firing authority
Administrative exemption:
- Office/non-manual work
- Related to management
- Independent judgment
Professional exemption:
- Advanced knowledge
- Specialized education
- Creative professionals
Outside Sales:
- Away from employer's premises
- Primary duty is selling
Calculating Overtime
Regular Rate
Includes:
- Hourly wage
- Non-discretionary bonuses
- Commissions
- Shift differentials
- Other compensation
Weekly Overtime
Formula: Hours over 40 × (regular rate × 1.5)
Example:
- Work 48 hours at $20/hour
- Regular: 40 × $20 = $800
- Overtime: 8 × $30 = $240
- Total: $1,040
Daily Overtime
Formula: Hours over 12 per day × (regular rate × 1.5)
Example:
- Work 14 hours in one day
- Regular: 12 × $20 = $240
- Overtime: 2 × $30 = $60
- Day total: $300
No Double-Counting
Important:
- Don't count same hours twice
- Daily overtime counts toward weekly
- Use higher if conflict
- Avoid paying twice for same hours
Common Overtime Violations
Misclassification
Calling you exempt when not:
- Salaried but below threshold
- No actual exempt duties
- Wrong exemption category
Off-the-Clock Work
Unpaid work time:
- Pre-shift setup
- Post-shift cleanup
- Work during breaks
- After-hours emails
Averaging Hours
Illegal practice:
- Can't average across weeks
- Each week stands alone
- Each day stands alone for daily OT
Comp Time
Private employers:
- Cannot substitute comp time for overtime pay
- Must pay overtime when earned
- Comp time illegal in private sector
Unauthorized Overtime
Still must pay:
- Even if not pre-approved
- Even if against policy
- Can discipline but must pay
Find Out If You Have a Case
Not sure if your employer broke the law or what your claim is worth? Get a free, no-obligation evaluation from an experienced employment attorney.
Filing an Overtime Claim
Division of Labor Standards
For state claims:
- Colorado Dept. of Labor and Employment
- Division of Labor Standards and Statistics
- Phone: 303-318-8441
- Website: cdle.colorado.gov
Federal DOL
For FLSA claims:
- Wage and Hour Division
- Phone: 1-866-487-9243
- Handles federal claims
Private Lawsuit
Court options:
- State or federal court
- Class action possible
- Attorney's fees available
Statute of Limitations
Time limits:
- Colorado: 2 years (3 if willful)
- Federal FLSA: 2 years (3 if willful)
- Act promptly
Damages for Violations
Colorado Remedies
May recover:
- Unpaid overtime
- Penalties
- Interest
- Attorney's fees
- Court costs
Federal Remedies
May recover:
- Back wages
- Liquidated damages (double)
- Attorney's fees
Common Scenarios
Scenario 1: Long Days, Short Week
Situation: Work three 14-hour days (42 total hours).
Analysis: Only 2 weekly OT hours, but 6 daily OT hours (2 per long day). Daily overtime applies.
Scenario 2: Salaried Below Threshold
Situation: Paid $45,000 salary, work 50 hours weekly, told you're exempt.
Analysis: Below Colorado's $56,485 threshold. Not exempt. Owed overtime for hours over 40.
Scenario 3: Working Through Lunch
Situation: Required to eat at desk and monitor phones during "lunch."
Analysis: Working lunch is compensable time. May push you into overtime.
Scenario 4: Pre-Shift Setup
Situation: Must arrive 30 minutes early for setup, unpaid.
Analysis: Required pre-shift work is compensable. Those 30 minutes count toward overtime.
Special Situations
Multiple Jobs, Same Employer
Hours combined:
- All hours count toward 40
- Even different departments
- One employer = one calculation
Tipped Employees
Overtime still applies:
- Calculate regular rate including tips
- Pay 1.5× after thresholds
- Tip credit still applies to base
Piece Rate Workers
Still entitled:
- Calculate regular rate from earnings
- Pay 1.5× for overtime hours
- Can't avoid overtime through piece rate
Fluctuating Workweek
Special arrangement:
- Must meet specific requirements
- Written agreement
- Fixed salary covers all hours
- Half-time premium for overtime
- Complex calculation
Building Your Case
Track Your Hours
Document:
- Actual start and end times
- Breaks taken
- All work performed
- Off-the-clock work
Preserve Evidence
Keep:
- Pay stubs
- Time records
- Schedules
- Emails showing work time
Calculate What's Owed
Determine:
- Weekly hours over 40
- Daily hours over 12
- Your regular rate
- Overtime premium owed
- Number of weeks affected
Frequently Asked Questions
Does Colorado have daily overtime?
Yes. Overtime is required after 12 hours in a single workday, in addition to after 40 hours per week.
What's the Colorado salary threshold for exempt?
$56,485 per year (2026), higher than the federal $35,568 threshold.
Can my employer require overtime?
Yes. Employers can mandate overtime. But must pay for it.
I'm salaried—am I exempt?
Not automatically. Must earn above threshold AND meet duties test. Many salaried workers qualify for overtime.
Can I get comp time instead of overtime pay?
No. Private employers must pay overtime, not provide comp time.
How far back can I claim?
2-3 years depending on whether violation was willful.
Related Topics
Take Action
If not receiving proper overtime:
- Track all hours worked
- Document daily and weekly totals
- Calculate overtime owed
- File with Division of Labor Standards
- Consider federal DOL claim too
- Consult employment attorney
You've earned your overtime—get paid for it.
Legal Disclaimer
This article provides general information about overtime laws in Colorado and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Colorado employment attorney.
For official information:
- Colorado Division of Labor Standards: https://cdle.colorado.gov | 303-318-8441
- U.S. Department of Labor: https://www.dol.gov/agencies/whd | 1-866-487-9243
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Read moreFrequently Asked Questions
What are the Rules?
What is cOMPS Order?
What is daily Overtime (State Specific)?
What is non-Exempt Employees?
What is cOMPS Coverage?
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