Overtime Laws in Colorado
Colorado has overtime protections beyond federal law
Colorado requires overtime pay after 40 hours in a workweek or after 12 hours in a workday or 12 consecutive hours of work, whichever triggers first. This daily overtime threshold is higher than California's 8-hour daily threshold but still exceeds the federal standard.
Key details
| Has state overtime law? | Yes |
|---|---|
| Exceeds federal requirements? | Yes |
| Weekly overtime threshold | 40 hours at 1.5x pay |
| Daily overtime? | Yes — after 12 hours at 1.5x pay |
| Statute | Colo. Rev. Stat. §8-4-101; COMPS Order |
Overtime Laws in Colorado: what you need to know
Colorado has its own overtime law that goes beyond the federal Fair Labor Standards Act (FLSA). Colorado requires overtime pay after 40 hours in a workweek or after 12 hours in a workday or 12 consecutive hours of work, whichever triggers first. This daily overtime threshold is higher than California's 8-hour daily threshold but still exceeds the federal standard. This means that workers in Colorado may be entitled to overtime pay in situations where federal law alone would not require it.
One of the most significant ways Colorado exceeds federal law is through daily overtime rules. While the FLSA only requires overtime for hours worked beyond 40 in a workweek, Colorado requires overtime pay for hours worked beyond 12 in a single day at 1.5 times the regular rate. This protects workers who may work long shifts but fewer days per week.
For Colorado workers who believe they are not receiving proper overtime pay, the first step is to understand whether you are classified as exempt or non-exempt. Your employer's classification is not always correct. Job title alone does not determine exempt status; your actual duties and compensation must meet specific criteria. If you believe you have been misclassified, an employment attorney or the Department of Labor can help you evaluate your situation.
Overtime disputes are among the most common wage claims in Colorado and nationally. Common issues include employers failing to pay overtime for hours worked beyond 40, improperly classifying workers as exempt, not counting all compensable time (such as pre-shift or post-shift duties), and averaging hours across multiple workweeks instead of calculating overtime for each week separately. If any of these issues apply to your situation, you may be owed back pay.
More Colorado workplace laws
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Frequently asked questions about overtime laws in Colorado
Yes. Colorado has a state overtime law that exceeds federal requirements in certain respects.
It depends on your classification. Being salaried does not automatically make you exempt from overtime. Your employer must demonstrate that your salary level and job duties meet the specific criteria for exemption. If your duties do not qualify, you may be entitled to overtime even on a salary.
Yes. Colorado requires overtime pay for hours worked beyond 12 in a single day, in addition to the weekly 40-hour threshold.
Document your hours worked and pay received. You can file a complaint with the Colorado state Department of Labor or consult an employment attorney. Overtime claims often have a statute of limitations (typically 2-3 years), so acting promptly is important.
In most cases, yes. Neither Colorado law nor federal law prohibits mandatory overtime for adult workers. Your employer can require you to work additional hours, but they must pay you at the overtime rate for hours that qualify. Refusing to work required overtime may be grounds for discipline or termination in an at-will state.