Colorado Overtime Laws
By FindLaw Staff | Legally reviewed by Chris Meyers, Esq. | Last reviewed November 28, 2022
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State and federal laws usually define overtime rules in terms of a full workweek, but Colorado is unique in that it also requires employers to pay overtime for hours that an employee works during a single day. Specifically, Colorado overtime requirements law requires employers to pay employees 1.5 times their normal rate of pay for work performed by the employee in excess of:
- 40 hours per workweek,
- 12 hours per workday, or
- 12 consecutive hours of work regardless of when the employee started and ended in a workday (excluding duty-free meal break periods)
Colorado Overtime Law Summary
The following chart highlights key provisions of Colorado overtime law.
State and Federal Statutes |
Colorado Minimum Wage Order 33 Fair Labor Standards Act (FLSA) Overtime Provision |
|---|---|
Overtime Calculation Methods |
Hourly: Pay time and a half (1.5 times the regular rate) for hours in excess of (whichever of the below calculations results in the greater payment of wages):
Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour. Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
|
Exempt from FLSA |
The following classes of employees are not entitled to overtime pay (partial list)
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Qualifications on Colorado Overtime Laws
- Hours worked in two or more workweeks shall not be averaged for computation of overtime.
- Performance of work in two or more positions at different pay rates for the same employer shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the federal FLSA.
- The requirement to pay overtime for work in excess of twelve (12) consecutive hours will not alter the employee's established workday or workweek.
Colorado Overtime Laws Applied to Minors
In the event of a bonafide emergency situation, defined by Colorado wage law as "an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors in overtime situations," an employer may require minors, subject to Colorado law, to work in excess of 8 hours in a 24-hour period or in excess of 40 hours per week. Such minors will be compensated at 1.5 times their regular rate of pay for (whichever calculation results in the greater payment of wages):
- All hours worked in excess of 8 hours in any 24-hour period, or
- All work in excess of 40 hours per week
Private employers must also keep specific records to prove the existence of a bonafide emergency situation. Furthermore, in Colorado, a person under eighteen (18) years of age who has received a high school diploma or a passing grade on a General Education Development (GED) examination is not considered a minor.
Exemptions From Overtime in Colorado
Under Colorado law, the occupations or employees that are exempt from overtime laws include:
- Administrative employees or executive/supervisor employees
- Professional employees
- Outside sales employees
- Elected officials and members of their staff
- Companions
- Casual babysitters
- Domestic employees employed by households or family members to perform duties in private residences
- Property managers
- Interstate drivers
- Driver helpers
- Loaders or mechanics of motor carriers
- Taxi cab drivers
- Bona fide volunteers
- Students employed by sororities, fraternities, college clubs, or dormitories
- Students employed in a work experience study program
- Employees working in laundries of charitable institutions which pay no wages to workers and inmates
- Patient workers who work in institutional laundries
Research the Law
- Official State Codes
- Colorado State Laws
- Colorado Employment Laws
- State Minimum Wage & Overtime Laws
Get Legal Help With Your Colorado Overtime Law Questions
The State of Colorado labor laws have a variety of minor variations when compared to the overtime laws of other states. If you believe you're owed overtime pay or want to learn more about Colorado overtime laws, it's a good idea to speak with a local employment attorney today.
Next Steps: Search for a Local Attorney
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