Colorado’s overtime pay laws provide workers with protections that go beyond federal requirements. Under Colorado wage law, employees can earn overtime pay not just based on weekly hours, but also for long days on the job. Understanding these rules is crucial for any Colorado-based employee to ensure you’re paid what you’ve earned.
Colorado’s labor laws, established through the Colorado Overtime and Minimum Pay Standards (COMPS) Order, include daily overtime for long workdays in addition to the traditional weekly overtime threshold, offering greater protection to workers than federal law provides.
If you’re feeling overwhelmed by unpaid overtime issues in Colorado, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to confidentially discuss your situation today. Let’s work together to secure your financial future.
Overview of Colorado Overtime Pay Laws
In Colorado, overtime pay must be at least 1.5 times the employee’s regular rate of pay (“time and a half”) for hours worked beyond certain thresholds. Colorado law operates independently of the FLSA, requiring overtime after 40 hours in a week and adding two additional triggers for long daily or consecutive-hour shifts. :
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Daily Overtime: Overtime pay is required after 12 hours in a single workday. This means if you work more than 12 hours in a day, those extra hours must be paid at time and a half even if you don’t hit 40 hours for the week.
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Consecutive Hours Overtime: Overtime is also required after 12 consecutive hours of work, and whichever rule—daily or consecutive hours—results in greater pay to the employee must be applied
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Weekly Overtime: Like federal law, Colorado mandates overtime pay for all hours over 40 in a workweek (a fixed 7-day period) for non-exempt employees.
Example: Suppose you work four 12-hour days (48 hours in a week). You’re entitled to 8 hours of overtime pay—the first 40 hours at your regular rate, and the additional 8 hours at 1.5x. If instead you worked three 13-hour days (39 hours total), you’d still get 3 hours of overtime pay (one for each day’s 13th hour) even though you stayed under 40 weekly hours.
Colorado’s overtime framework is contained in the Colorado Overtime and Minimum Pay Standards (COMPS) Order. Under COMPS, the rule that results in the greatest pay—daily, consecutive-hour, or weekly overtime—must be used if more than one threshold applies. Employers must track hours carefully to ensure any day over 12 hours, any shift over 12 consecutive hours, or any week over 40 hours results in proper overtime wages.
Daily Overtime Rule in Colorado
One key difference in Colorado wage law is the daily overtime requirement. If you work more than 12 hours in a single workday, you are entitled to overtime pay for all hours beyond 12. A “workday” is defined as any consecutive 24-hour period beginning when you start work.
For instance, if you start work at 8:00am and work until 10:00pm, that’s a 14-hour day. The last 2 hours must be paid at time-and-a-half, even if that’s your only long day in the week. This daily rule stands regardless of weekly total hours and particularly benefits workers who have long single-day shifts but not necessarily overtime every week—common in healthcare, hospitality, or emergency response.
Consecutive 12 Hours Rule: Colorado also requires overtime pay after 12 consecutive hours of work even if those hours spread across two workdays. For example, a nurse working from 8:00pm to 8:00am crosses two calendar days but works 12 consecutive hours. Any time past 8:00am would be overtime. This ensures employers can’t evade daily overtime by starting a “new workday” in the middle of a continuous shift.
Special Cases for Daily Hours
Most Colorado workers are covered by the 12-hour overtime rule, with only a few exceptions:
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Healthcare 8+80 Rule: Colorado allows hospitals or nursing homes, with a voluntary written agreement, to adopt the federal ‘8 and 80’ rule—overtime after 8 hours in a day or 80 hours in a 14-day period.
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Agricultural Work: As of 2025, agriculture workers in Colorado get overtime after 48 hours in a week (and after 56 hours at small seasonal operations).
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Ski Industry: Ski industry employees must be paid overtime for over 12 hours in a day, but they do not receive overtime for over 40 in a week during seasonal periods.
For most employees, however, the standard holds: beyond 12 hours on the clock in a day, overtime pay kicks in.
Weekly Overtime Rule in Colorado
Colorado’s weekly overtime rule requires that if you work more than 40 hours in one workweek, you are entitled to overtime pay for every hour over 40. A workweek is a fixed period of 7 consecutive days that your employer defines.
All non-exempt employees get time-and-a-half for hours beyond 40 in that week. Colorado does not allow averaging hours across multiple weeks—each week stands alone for overtime calculations. You cannot waive your right to weekly overtime or agree to “bank” hours without pay.
Compensatory time off (comp time) instead of overtime pay is not allowed for private sector employees in Colorado. An employer can’t substitute future time off for overtime wages. Overtime must be paid in wages on the next regular paycheck. (Public sector employers have special rules, but in private employment comp time in lieu of pay is generally prohibited.)
Key takeaway: If you hit 42 hours this week, your paycheck must reflect those 2 overtime hours paid at time-and-a-half in that pay period. Employers cannot pressure you to work off the clock or misclassify hours across weeks to dodge overtime – doing so violates both Colorado wage law and the federal FLSA
Overtime Pay for Salaried Employees
A common misconception is that salaried employees don’t get overtime. In Colorado, many salaried employees are entitled to overtime pay unless they meet the criteria for an overtime exemption.
As of 2025, to qualify as exempt from overtime in Colorado, an employee must earn at least $1,086.25 per week (approximately $56,485 per year), with this threshold increasing annually.This state threshold is higher than the federal threshold of $684 per week (~$35,568/year). This means more salaried employees in Colorado qualify for overtime than might under federal law.
Non-exempt salaried employees are entitled to overtime just like hourly workers. If you’re paid a fixed salary for a standard 40-hour week, that salary can be converted to an hourly rate for overtime purposes. For example, a $800/week salary for 40 hours equals $20/hour. If you work 45 hours, those 5 overtime hours must be paid at $30/hour ($150 extra on top of your salary).
Important: Titles like “manager” or “salaried” alone don’t determine exemption—it depends on actual job duties and pay. A salaried assistant manager making $50,000/year falls below Colorado’s exempt threshold, meaning they should earn overtime if working over 40 hours.
Being paid a salary does not automatically disqualify you from overtime pay. If your salary and role don’t meet the exemption tests, you have the same overtime rights as hourly workers.
Colorado Wage Law vs. Federal Law: Key Differences
Colorado’s overtime provisions offer greater protection than federal law in several ways:
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Daily Overtime: Unlike federal law (which has no daily overtime requirement), Colorado requires overtime pay after 12 hours in a day or 12 consecutive hours working. Only a few other states have similar daily overtime rules.
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Inclusion of Bonuses and Holiday Pay: Colorado law takes a broader view of “regular rate of pay” for calculating overtime. In 2024, the Colorado Supreme Court ruled that “holiday incentive pay” must be included when calculating overtime rates. If you get a bonus or premium for working a holiday, that raises your effective hourly rate, and your overtime pay should be higher. Nondiscretionary bonuses, commissions, and shift differentials must be included in the regular rate for overtime.
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Higher Salary Threshold for Exemptions: Colorado’s requirement of ~$56k/year to be overtime-exempt is much higher than the federal $35k/year threshold. This means many employees who might not get overtime in other states do get it in Colorado.
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No Comp Time or Averaging: For non-exempt employees, Colorado law forbids averaging hours across weeks or offsetting overtime with future time off. Each workweek and workday stands alone for overtime.
In summary, Colorado wage law tends to be more worker-friendly on overtime. Employees get paid extra for long days, not just long weeks. More salaried workers are eligible for overtime due to the high threshold. And any extra pay you earn (bonuses, holiday pay) must enrich your overtime rate.
Ensuring You Receive Proper Overtime Pay
Here are tips to ensure you’re paid correctly:
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Track Your Hours: Keep a personal record of hours worked each day and week. Note days exceeding 12 hours and total weekly hours. Compare with your paystub—overtime hours should show up at 1.5x pay.
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Know Your Classification: Check whether your employer has labeled you “exempt.” If classified exempt but earning less than ~$56k/year in 2025 or your duties don’t fit an exemption category, you might be misclassified.
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Look Out for Unauthorized Deductions: Your overtime rate must include most incentives and bonuses. Employers shouldn’t exclude nondiscretionary performance bonuses or shift pay when calculating overtime.
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No “Comp Time” Instead of Pay: If your manager suggests taking a day off next week in return for this week’s extra hours (with no overtime pay), that’s not legal for most private-sector jobs.
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Timely Payment: Overtime wages should be paid on your next paycheck. Colorado law requires any earned overtime be paid in the next regular paycheck following the pay period it was earned.
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Raise Concerns, and Know Your Rights: It’s illegal for employers to retaliate against you for inquiring about owed overtime. If you think you’re owed overtime, you can file a complaint with the Colorado Department of Labor or consult an employment attorney.
Colorado overtime law is there to ensure fair pay for hard work. If you’ve consistently worked long days or weeks without overtime pay, seek advice. The law allows recovery of attorney’s fees if you win an overtime case, helping workers enforce their rights.
Key Questions About Colorado Overtime
Who qualifies for overtime pay?
Most non-exempt employees qualify. If you work over 40 hours in a week or over 12 hours in a day, you’re entitled to overtime at 1.5 times your regular rate.
Do salaried employees get overtime?
They can—being salaried doesn’t automatically exempt you. In Colorado, salaried employees are only exempt if they meet specific criteria: their job duties are executive, administrative, or professional and they earn at least $56,485 per year in 2025.
Can my employer give me time off instead of overtime pay?
Generally no in the private sector. You must be paid overtime wages—an employer cannot substitute future time off to balance it out.
What should I do if I didn’t get paid overtime I’m owed?
First, clarify with your employer. If unresolved, you can file a wage complaint with the Colorado Division of Labor or consult an employment law attorney. Colorado law protects you from retaliation for raising wage claims.
Can I refuse to work overtime?
Generally, Colorado law does not give employees the right to refuse overtime if their employer requires it. Because Colorado is at-will employment, an employer can set work schedules including overtime hours. However, every overtime hour you work must be paid at the overtime rate.
Conclusion: Colorado’s overtime rules ensure employees are compensated fairly for both long weeks and long days. Knowing your rights is the first step to protecting your earnings. If you suspect your employer isn’t following Colorado overtime pay requirements—whether not paying time-and-a-half after 40 hours, ignoring the 12-hour daily rule, or misclassifying you as exempt—don’t stay silent. You have the law on your side, and legal professionals can help you recover any unpaid wages.
If you’re feeling overwhelmed by unpaid overtime issues in Colorado, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to discuss your situation today. Let’s work together to secure your financial future.
