- 40 hours in a single workweek,
- 12 hours in a single workday, or
- 12 consecutive hours, without concern for the start and end of the workday for that employee, while also excluding duty-free meal breaks
Understanding how Colorado wage laws work can help make sure you receive full compensation for the time you worked.
Review for Colorado’s Overtime Laws
Below is a detailed chart on Colorado overtime laws.
|Methods For Overtime Calculation:||Hourly Employees: Receive time and a half pay (1.5 x Regular Pay Rate) for hours worked using the following parameters. The highest paying result dictates which method to select: |
Hourly Plus Bonus and/or Commission Employees:
Figure out the regular rate by multiplying the hourly rate by the total hours worked in the workweek, then add the weekly bonus/commission, then divide by the hours worked in the workweek. Finally, half that total rate for every hour of overtime worked.
Salary Employees: Figure out the regular rate by starting with the salary and dividing that by the number of hours the salary is supposed to cover.
|FLSA Exemptions||This is a partial list of employees not entitled to overtime pay: |
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
Overtime Law Qualifications in Colorado
- Overtime pay cannot be calculated from averaging two or more jobs in a single workweek.
- If an employee holds two or more positions within the same employer, but at different pay rates, then these hours do count towards overtime pay. Calculations follow the guidelines by the FLSA to use the standard pay rate where overtime occurs or an average from the two different rates.
- The employee’s established workday/workweek will not be altered due to the requirement to pay overtime for consecutive hours in excess of 12 hours.
Overtime Laws for Minors in Colorado
In some cases, minors can be required to work overtime laws. However, Colorado is very strict that this only occurs as a result of an emergency situation. Colorado law defines an emergency situation as “an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors in overtime situations.”
In these rare circumstances, working more than 8 hours in a 24 hour period or 40 hours in a workweek would make that minor eligible for overtime pay at 1.5 times the normal rate of pay.
There are two additional parameters regarding minors working overtime. Employers must keep documenting proof of a bona fide emergency situation. Additionally, a person under the age of 18 who has earned either a high school diploma or passed the General Education Development (GED) exam does not qualify as a minor.
Colorado Overtime Exemptions
Colorado law dictates that the following professions/employees are exempt from overtime laws:
- Administrative Employees
- Bona Fide Volunteers
- Casual Babysitters
- Domestic Employees (working in private homes/residences and were hired by family members for specific tasks)
- Driver Helpers
- Elected Officials and Their Staff
- Executive/Supervisor Employees
- Interstate Drivers
- Loaders/Mechanics of Motor Carriers
- Outside Sales Employees
- Patient Workers of Institutional Laundries
- Professional Employees
- Property Managers
- Students Employed by College Clubs, Dormitories, Fraternities, or Sororities
- Students Employed in a Work Experience Study Program
- Taxi Cab Drivers
Also exempt are employees working in laundries of charitable institutions that do not pay wages to workers/Inmates.
Know the Law in Your Area
Do You Think You Have a Case? Contact Lemberg Law for Counsel
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.