Overtime laws Colorado

Colorado adds daily and consecutive-hour overtime rules to the federal baseline. Everhour supports structured tracking for approved hours and budgets.

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Calculate regular and overtime earnings based on your hours and rate. Supports standard time-and-a-half and double-time multipliers.

Total hours including overtime

$

Typically 40h/week

Total pay this period
Regular pay$1,000.00
Overtime pay$300.00
OT hours8h

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Colorado overtime calculation basics

What this calculation answers

This calculation answers whether a covered non-exempt Colorado employee earned overtime in a specific workweek, workday, or 12-consecutive-hour stretch. Colorado is not a weekly-only overtime state. Under COMPS Order #40, covered non-exempt employees can trigger overtime after 40 hours in a workweek, after 12 hours in a workday, or after 12 consecutive hours.

The Colorado Department of Labor and Employment's Division of Labor Standards and Statistics enforces Colorado wage-and-hour rules, including the COMPS Order and Colorado Wage Act. The calculation should identify the overtime path that gives the greater pay, then apply Colorado's 1.5x regular-rate premium. Colorado COMPS Order #40 does not create a general 2x double-time rule.

How the Colorado formula works

Start with the employee's regular rate for the workweek. For FLSA regular-rate purposes, that means total compensation for the workweek, excluding statutory exclusions, divided by total hours actually worked in that workweek. Then test Colorado's overtime triggers: over 40 hours in the workweek, over 12 hours in a workday, and over 12 consecutive hours.

Example: a covered non-exempt Colorado employee works 13 hours on Monday and 22 more hours later in the same workweek, for 35 total hours, at a $24 regular rate. Weekly overtime is 0 because total hours do not exceed 40. Daily overtime is 1 hour because Monday exceeded 12 hours. Regular pay is 34 hours at $24, overtime pay is 1 hour at $36, and total gross pay is $852.

Colorado rules that change the result

The common mistake is using only the federal 40-hour threshold. The FLSA requires covered nonexempt employees to receive at least 1.5x their regular rate for hours worked over 40 in a fixed 168-hour workweek, but Colorado adds broader triggers. A 13-hour Colorado workday can create overtime even when the weekly total stays below 40.

Check the wage floor before finalizing the rate. The 2026 statewide Colorado minimum wage is $15.16 per hour where no higher local minimum wage applies. The 2026 statewide tipped cash wage is $12.14 per hour, provided tips bring total pay up to the full Colorado minimum wage. More protective state rules control when the employee is covered by both federal and state wage laws.

When a calculator is enough

A one-off calculation is enough when you need to check one covered non-exempt employee's pay for one closed workweek, with a known regular rate and a clear daily schedule. It is also enough for a quick budget estimate before approving extra hours, as long as the final payroll review uses the actual approved time records.

A managed workflow matters when overtime affects project budgets, client billing, or recurring staffing decisions. Everhour Project Budgeting tracks hour-based and money-based budgets as time is logged, supports recurring budget periods, and can send threshold alerts at 75%, 90%, 100%, or custom limits so overtime-driven labor cost does not appear only after payroll.

This content is for general information only, may not be fully up to date, and is provided without any warranty or liability.

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Frequently Asked Questions

Does Colorado overtime use only the 40-hour workweek test?

No. Colorado overtime applies after 40 hours in a workweek, after 12 hours in a workday, or after 12 consecutive hours worked, unless an exemption or variance applies. The calculation yielding the greater pay applies, so a daily or consecutive-hour trigger can matter even when the weekly total does not exceed 40.

What overtime rate applies under Colorado COMPS Order #40?

Covered non-exempt employees must be paid time and one-half of the regular rate for qualifying overtime hours. That means a $24 regular rate produces a $36 overtime rate. Colorado COMPS Order #40 does not create a general 2x double-time rule, so do not add a double-time tier unless a separate policy or contract requires it.

Can Colorado workweeks be averaged to avoid overtime?

No. Under the FLSA, each fixed 168-hour workweek stands alone, and hours may not be averaged over two or more workweeks to avoid overtime. Colorado's daily and consecutive-hour rules add more triggers, but they do not erase the federal rule that the workweek calculation remains separate.

Do Colorado weekend or holiday hours automatically count as overtime?

Not automatically under the federal baseline. The FLSA does not require overtime merely because work occurs on Saturdays, Sundays, holidays, or regular days of rest. In Colorado, the key overtime tests are weekly hours, workday hours, and consecutive hours, unless another law, employer policy, agreement, or contract gives a greater benefit.

Which Colorado exemption thresholds should payroll check in 2026?

For 2026, Colorado executive/supervisor, administrative, and professional exemptions require the applicable duties test plus at least $1,111.23 per week, or $57,784 rounded annual equivalent, and enough pay to cover minimum wage for all hours worked. Highly technical computer employees may qualify if they meet the duties test and are paid at least $34.85 per hour or the EAP salary level.

How does Everhour Project Budgeting support Colorado overtime planning?

Everhour Project Budgeting tracks time and money budgets as employees log hours, including one-time or recurring budget periods. Admins can use 75%, 90%, 100%, or custom threshold alerts to spot labor-cost pressure before approved Colorado overtime pushes a project beyond its planned limit.

Plan overtime before payroll

Track approved hours against project budgets before Colorado overtime reaches payroll. Everhour Project Budgeting connects logged time, recurring budgets, and threshold alerts into one cost-control workflow.

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