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Employees who are covered by Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36 may, in most circumstances, qualify for overtime pay. The following information only applies to non-exempt employees covered by COMPS Order #36 (most employees).
Employees may also be covered under the Fair Labor Standards Act, a federal law addressing minimum wage and overtime pay. If an employee is covered under both Colorado and federal law, then the employer must follow the law which provides the greater protection to employees. For information about the Fair Labor Standards Act and overtime, contact the United States Department of Labor at 720-264-3250.
The minimum wage for all hours worked must be paid in accordance with the Wage Order, the Colorado Constitution and federal law. More>
Employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty hours per workweek; (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages.
Workweek Definition and Overtime
A workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. Hours worked in two or more workweeks shall not be averaged for computation of overtime.
Regular Rate of Pay
The regular rate of pay for an employee is used to calculate overtime pay. The regular rate of pay is expressed as a rate per hour, and it is determined by dividing the total remuneration provided to an employee in any workweek by the total numbers of hours actually worked in that workweek.
The regular rate includes all compensation paid to an employee, including set hourly rates, shift differentials, minimum wage tip credits, non-discretionary bonuses, production bonuses, and commissions.
The following are excludable from the regular rate of pay: business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, or jury duty.
Colorado Division of Labor Standards and Statistics | 303-318-8441 | Contact Us