Colorado Overtime Laws

States usually define their overtime laws in terms of a full workweek, but Colorado is unique in that it also requires employers to pay overtime pay for hours that an employee works during a single day. Specifically, Colorado 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 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

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):
    • 40 hours per workweek,
    • 12 hours per workday, or
    • 12 consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal
      periods)
  • 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.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay (partial list)
    • 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

 


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 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
  • For all work in excess of 40 hours per week

The employer shall also keep specific records to prove the existence of such 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 occuptations or employees that are exempt from overtime laws include:

  • Administrative employees or executive/supervisor employees
  • Professional employes
  • 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

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Overtime laws in Colorado can have a variety of minor variations when compared to the overtime laws of other states. If you believe you are owed overtime pay or want to learn more about Colorado overtime laws, you can contact a local attorney for a free initial case review at no obligation today.

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