For covered, nonexempt Colorado employees, overtime is generally 1.5 times the regular rate after 40 hours in a workweek, 12 hours in a workday, or 12 consecutive hours, using the calculation that pays more. Separate rules require a meal period for shifts over 5 consecutive hours and paid rest breaks for each 4 hours or major fraction. Coverage and industry exceptions matter.
In this guide
The three overtime triggers, and why the daily one matters
COMPS Order #40, effective February 1, 2026, generally requires covered, nonexempt employees to receive time-and-a-half after 40 hours in a workweek, 12 hours in a workday, or 12 consecutive hours. Use the calculation producing the greater wages; do not add all three premiums for the same hours. Earlier events are governed by the order then in effect.
Hypothetical: a covered hourly employee earns $24 an hour, works 14 hours in one workday and 35 total hours that week, with no other overtime-triggering shifts or extra compensation. Two hours qualify under the daily rule even though the week stays below 40. The week’s gross pay is 33 × $24 plus 2 × $36 = $864. Bonuses, multiple rates and exempt work can change the calculation.
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Who is exempt, and who only thinks they are
Coverage is the first question. The general rules below apply to covered employees who are not exempt; a job title or salary alone does not establish an exemption. Rule 2 contains duties, pay and occupation-specific tests, and the PAY CALC Order supplies annually adjusted amounts.
Some exceptions change only one protection. Qualifying ski-industry work can be exempt from weekly 40-hour overtime while remaining subject to the daily and consecutive-hour rules; agriculture has separate overtime and break provisions. Public employers and certain other work are treated differently. Check the rule for the actual work before using the general table.
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When is a Colorado meal period required?
Rule 5.1 generally requires at least 30 minutes of uninterrupted, duty-free meal time when a shift exceeds 5 consecutive hours. It can be unpaid only if you are relieved of all duties and can pursue personal activities. As practical, place it at least one hour after the shift begins and one hour before it ends.
If the work makes an uninterrupted meal impractical, the rule permits eating a meal while on duty, with full pay and an opportunity to consume the meal. Answering calls or covering a station during lunch does not turn that time into an unpaid break. A meal period and paid rest periods are separate protections.
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How many paid rest breaks are required?
Rule 5.2 generally requires 10 paid minutes for each four hours worked or major fraction of four hours. A major fraction is more than two hours: a six-hour work period requires one break; six hours and one minute requires two. An eight-hour work period generally requires two, and twelve hours requires three.
These are hours worked, including paid rest time, rather than simply elapsed time between arriving and leaving. Duty-free unpaid meal time is not work time. The table is the general rule; Rule 2 exemptions and Rule 5.2.1 variations can change its application.
Rest must be free of work and, when practical, near the middle of each four-hour period. The employee need not leave the premises. Qualifying voluntary split breaks, collective bargaining arrangements and specified Medicaid-funded services have detailed exceptions. Agricultural hand-weeding and hand-thinning receive additional rest time. An employer cannot replace a required break with an ordinary meal period or a blanket waiver.
| Hours worked | 10-minute paid rest periods |
|---|---|
| 2 or fewer | 0 |
| More than 2, up to 6 | 1 |
| More than 6, up to 10 | 2 |
| More than 10, up to 14 | 3 |
| More than 14, up to 18 | 4 |
| More than 18, up to 22 | 5 |
| More than 22 | 6 |
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Off-the-clock time that counts as work
Time the employer requires or knowingly permits is working time: pre-shift setup, post-shift cleanup and closing, mandatory meetings and trainings, donning required gear, and answering calls or messages after hours. If it is required and it takes real time, it belongs on the clock, and it counts toward the 40-hour and 12-hour triggers.
Rounding is the quiet version of the same problem. Systems that always round in the employer's favor, or auto-deduct meal breaks that never actually happen, understate hours in ways that compound across months.
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What to do about it, and the clock
Reconstruct your hours first: schedules, timeclock exports, texts about shifts, and your own notes. Then the routes: a written demand under the Colorado Wage Act, a CDLE wage complaint filed online with the Division of Labor Standards and Statistics, or a court claim, brought as a group case when the same policy shorted the crew.
Colorado wage claims are generally subject to a 2-year limit, 3 years for willful violations, and each pay period ages out individually. Preservation beats reconstruction: start keeping records now, even if you are not yet sure you will act.
Questions, answered.
I worked a 14-hour day but only 35 hours that week. Am I owed overtime in Colorado?
Generally yes. Colorado's COMPS Order requires time-and-a-half for hours beyond 12 in a workday or 12 consecutive hours, regardless of the weekly total. Federal law alone would say no, which is exactly why the Colorado rule matters.
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I'm salaried. Does that mean no overtime?
Not by itself. Many white-collar exemptions require both qualifying duties and the applicable salary threshold. Occupation-specific exceptions differ: qualifying doctors, lawyers and teachers, for example, have no minimum salary under COMPS Rule 2.5.2. Check the exemption that actually applies; a salary alone does not remove overtime protection.
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What are missed 10-minute breaks actually worth?
Ten minutes of pay each, as wages. That sounds small until it multiplies: one missed break per shift, five shifts a week, across the 2-to-3-year claim window, and across every coworker on the same schedule. In group cases it is routinely one of the largest components.
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Does Colorado have a higher minimum wage than federal law?
Yes, and it adjusts every January, with some cities, including Denver, setting local rates above the state figure. Check the CDLE's site for the current numbers rather than trusting a figure printed on any website, including this one.
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