Colorado Overtime Calculator — daily & weekly thresholds

Frequently Asked Questions

• What triggers overtime pay in Colorado?

  Colorado triggers overtime (1.5× regular rate) when an employee works more than 40 hours in a workweek OR more than 12 hours in a single workday. The employer must use whichever threshold generates more overtime pay for the employee. Source: COMPS Order #39 (7 CCR 1103-1), as of 2026.

• Does Colorado have a daily overtime threshold?

  Yes. Colorado COMPS Order #39 requires overtime at 1.5× for all hours worked beyond 12 in a single workday. This daily threshold is in addition to the standard federal 40-hours-per-week rule, and makes Colorado law stricter than federal FLSA.

• Does Colorado require double-time pay like California?

  No. Colorado does not require double-time (2×) pay. Only 1.5× (time-and-a-half) applies for all overtime hours, regardless of how many hours over 12 are worked in a day. California's double-time rules do not apply in Colorado.

• Can my employer give me comp time instead of overtime pay?

  Generally no — private-sector Colorado employers cannot substitute compensatory time off for overtime pay. Overtime must be paid in cash as part of your regular paycheck. Only certain public-sector (government) employees may have comp-time arrangements under federal FLSA.

• Which Colorado workers are exempt from overtime?

  Executive, administrative, and professional (EAP) employees who earn above the COMPS Order salary threshold ($55,000/year in 2026 for full exemption) may be exempt. Outside salespeople, certain IT professionals, and some other categories also have exemptions. The COMPS Order salary floor is higher than the federal FLSA exemption threshold.

• Does Colorado have a 7th-day overtime rule?

  No. Unlike California, Colorado does not require overtime for working a 7th consecutive day in a workweek. Only the 40-hour weekly or 12-hour daily thresholds trigger overtime under COMPS Order #39.

• What counts as the 'regular rate' for Colorado overtime?

  The regular rate includes your base wages plus most additional compensation such as commissions, non-discretionary bonuses, and shift differentials — but excludes gifts, vacation pay, and overtime premiums already paid. This follows the same FLSA § 207(e) principles.

• Can I waive my overtime rights in Colorado?

  No. Colorado overtime rights under the COMPS Order are non-waivable. An agreement to work without overtime pay — even in writing — is void under C.R.S. § 8-4-121. Any such provision in an employment contract is unenforceable.

• How long does my employer have to pay overtime in Colorado?

  Overtime must be included in the regular paycheck for the period in which it was earned. The statute of limitations for unpaid overtime claims is generally 3 years for willful violations under the Colorado Wage Act (C.R.S. § 8-4-122).

• What should I do if my Colorado employer refuses to pay overtime?

  Send your employer a written demand for the unpaid amount. If not paid within 14 days, file a wage complaint with the Colorado Division of Labor Standards & Statistics (DLSS) at (303) 318-8441 or at cdle.colorado.gov. You may also pursue a civil lawsuit in Colorado state court.