Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce
Exceptions
Category
employees employed in a bona fide executive, administrative, or professional capacity (including academic administrative personnel or teachers in elementary or secondary schools)
Condition
Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from the Act's minimum wage and overtime requirements (29 CFR 541.0(a)); salary requirements in 29 CFR part 541 subpart G apply
Category
outside sales employees
Condition
exempt from minimum wage and overtime requirements under section 13(a)(1) of the Act (29 CFR 541.0(a), 541.500)
Category
computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees
Condition
Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements (29 CFR 541.0(a)); see also 29 CFR 541.400
Category
employees of a retail or service establishment paid mainly by commission
Condition
if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services (29 U.S.C. 207(i))
Category
employees receiving remedial education
Condition
not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek without overtime pay, if the employee is receiving remedial education meeting 29 U.S.C. 207(q)
Category
employees of street, suburban or interurban electric railway, or local trolley or motorbus carrier employers in charter activities
Condition
hours employed in charter activities are excluded from the hours to which the overtime rate applies, if by prior agreement and not part of regular employment (29 U.S.C. 207(n))
no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. … No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. … Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— … in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. … No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. … No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— … in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975 … No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— … and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. … For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— … such employment by such employer which is in excess of ten hours in any workday, and … such employment by such employer which is in excess of forty-eight hours in any workweek,
Overtime is paid at 1.5 times the regular rate after 40 hours in a week or 12 hours in a day.
Version 2 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Basis
Whichever of the three calculations in Rule 4.1.1 results in the greater payment of wages shall apply in any particular situation.
Applies to
all employers and employees for work performed within Colorado
Exceptions
Category
Administrative employees
Condition
Rule 2.2.1: exempt from the COMPS Order except Rules 1, 2, and 8 (Rule 2.2); a salaried employee, paid at least the applicable salary in Rule 2.5 as specified for the applicable year in the PAY CALC Order, who directly serves an executive, and regularly performs duties important to the decision-making process of that executive
Category
Executives or supervisors
Condition
Rule 2.2.2: a salaried employee, paid at least the applicable salary in Rule 2.5, who supervises the work of at least two full-time employees and has the authority to hire and fire, or to effectively recommend such action; must spend a minimum of 50% of the workweek in duties directly related to supervision
Category
Professional employees
Condition
Rule 2.2.3: a salaried employee, paid at least the applicable salary in Rule 2.5, employed in a field of endeavor whose primary duty is work that requires the consistent exercise of discretion and judgment and advanced knowledge or creative talent; must be employed in the field in which they were trained
Category
Outside salespersons
Condition
Rule 2.2.4: an employee working primarily away from the employer's place of business for the purpose of making sales or obtaining orders or contracts; must spend a minimum of 80% of the workweek in activities directly related to their own outside sales
Category
Owners or proprietors
Condition
Upcoming changes
No published changes are waiting to take effect.
Change history
Federal: United States
Version
Effective
Published
Change
Value
4in effect
new
overtime in us: version 4, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
State: Colorado
Version
Effective
Published
Change
Value
2in effect
new
overtime in us-co: version 2, effective 2026-02-01, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week or 12 hours in a day.
The response holds everything on this page, including each level's sources. See the API docs; a free key is enough for today's rule.
Informational only. Not legal advice. Verify with the cited source.
1.5
Alternative schemes
Group
employers engaged in the operation of a hospital or an establishment primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises
Condition
pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days (29 U.S.C. 207(j))
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
public agency employees in fire protection activities or law enforcement activities (including security personnel in correctional institutions)
Condition
in a work period of 28 consecutive days, tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours determined by the Secretary for calendar year 1975; shorter work periods of at least 7 days use the same ratio (29 U.S.C. 207(k))
Period days
28
Group
employees employed under collective bargaining agreements described in 29 U.S.C. 207(b)(1) or (2), or by independently owned local petroleum distribution enterprises described in 207(b)(3)
Condition
if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate (29 U.S.C. 207(b)); overtime required for hours in excess of the daily or weekly maximum, whichever number of hours is greater (29 CFR 778.602)
Period days
7
Threshold daily hours
12
Threshold period hours
56
Group
employees employed in auction sale, buying, handling, stripping, sorting, grading, packing or storing of specified types of green leaf or cigar leaf tobacco
Condition
For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (29 U.S.C. 207(m)); an employer using this exemption is not eligible for any other exemption under section 207
The Department’s regulations require executive, administrative, and professional employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).
Section 13(a)(1) of the Fair Labor Standards Act, as amended, provides an exemption from the Act's minimum wage and overtime requirements for any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of an outside sales employee … Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements for computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees.
he must be paid at such overtime rate for all hours worked in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever number of hours is greater.
Rule 2.2.5: a full-time employee actively engaged in management of the employer who either owns at least a bona fide 20% equity interest in the employer, or, for a non-profit employer, is the highest-ranked and highest-paid employee paid at least the salary threshold in Rule 2.5
Category
Taxi cab drivers
Condition
Rule 2.2.6: Taxi cab drivers employed by a taxi service provider licensed by a state or local government
Category
In-residence workers
Condition
Rule 2.2.7: casual babysitters, property managers residing on-premises, student residence workers, laundry workers of charitable institutions where they reside, and field staff of seasonal camps or seasonal outdoor education programs meeting the stated conditions
Category
Bona fide volunteers and work-study students
Condition
Rule 2.2.8: those who need not be compensated under the federal Fair Labor Standards Act as either enrolled students receiving credit for an unpaid work-study program or internship, or bona fide volunteers for non-profit organizations
Category
Elected officials and their staff
Condition
Rule 2.2.9: individuals elected to public office and members of their staff
Category
Employees in highly technical computer-related occupations
Condition
Rule 2.2.10: an employee paid a salary, or hourly compensation, in accord with Rule 2.5, who is a skilled worker employed as a computer systems analyst, computer programmer, software engineer, or other similarly highly technical computer employee, and spends a minimum of 50% of the workweek in the listed duties
Category
Highly compensated employees
Condition
Rule 2.2.11: paid annual wages of at least the stated levels, customarily and regularly performs any one or more of the exempt duties of an executive, administrative or professional employee, and whose primary duty is office or non-manual work
Category
National Western Stock Show temporary employees
Condition
Rule 2.2.12: temporary employees employed directly by the Western Stock Show Association for the annual National Western Stock Show
Category
Agricultural employees who are relatives of a family owner, and family owners who are employees
Condition
Rule 2.3.2(D): exempt from all overtime pay requirements in the COMPS Order if (by blood, adoption, or marriage) they are the child, sibling, spouse, parent, aunt, uncle, nephew, niece, first cousin, grandchild, or grandparent of a family owner of an employer
Category
Certain salespersons and mechanics
Condition
Rule 2.4.1: Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; and salespersons employed by trailer, aircraft, and boat (retail) dealers are exempt from Rule 4 (Overtime)
Category
Commission sales employees of retail or service industries
Condition
Rule 2.4.2: paid on a commission basis, provided that at least 50% of their total earnings in the pay period is derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage; only for employees of retail or service employers who receive over 75% of their annual dollar volume from retail or service sales
Category
Ski industry employees (partial)
Condition
Rule 2.4.3: employees performing duties directly related to ski area operations for downhill skiing or snowboarding, and those providing food and beverage services at on-mountain locations, are exempt from the 40-hour overtime requirement but not the requirement of overtime pay for over 12 hours; does not apply to ski area employees performing duties related to lodging
Category
Medical transportation employees who work 24-hour shifts (partial)
Condition
Rule 2.4.4: exempt from the Rule 4.1.1(B)-(C) daily (12-hour) overtime rules if they receive the required Rule 4.1.1(A) weekly (40-hour) overtime pay
Category
Drivers and driver's helpers subject to the federal Motor Carrier Act
Condition
Rule 2.4.6: exempt from Rule 4 (overtime) while and to the extent that they are subject to the federal MCA and exempt from FLSA overtime under 29 U.S.C. § 213(b)(1), working on covered vehicles, and paid compensation equivalent to at least 50 hours at the Colorado minimum wage with overtime
Category
Direct support professionals/direct care workers on shifts of at least 24 hours (partial)
Condition
Rule 2.4.7: The Rule 4.1.1(B)-(C) daily (12-hour) overtime rule does not apply to companions designated as direct support professionals/direct care workers who are scheduled for, and work, shifts of at least 24 hours providing residential or respite services, employed by providers receiving at least 75% of revenue from Medicaid or other governmental sources
Category
Decision-making managers at livestock employers
Condition
Rule 2.4.8: The Rule 2.3.2 and Rule 4 overtime rules do not apply; employee primarily engaged in livestock work paid at least the applicable salary in Rule 2.5, not seasonal or temporary, exercising independent judgment and supervising two or more full-time employees or reporting directly to an owner or executive
Category
Range workers
Condition
Rule 2.4.9: The Rule 2.3.2 and Rule 4 overtime rules do not apply to range workers who are paid at least the minimum range worker salary during periods when they are principally engaged in the range production of livestock on the open range, and are provided without cost or deduction required housing, food, transport, and equipment
Multiplier
1.5
Alternative schemes
Group
hospital or nursing home employees
Condition
Rule 2.4.5: A hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the federal Fair Labor Standards Act "8 and 80 rule"
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
agricultural employees of agricultural employers that are not highly seasonal
Condition
Rule 2.3.2(A)(1)(b): exempt from the 40-hour weekly and 12-hour daily requirements in Rule 4.1.1, provided they receive weekly overtime pay at one and one-half times their regular rate after 48 hours worked per workweek as of January 1, 2025 (not applicable to employers drawing at least 50% of annual dollar volume from sales to the consuming public, Rule 2.3.2(F))
Period days
7
Threshold period hours
48
Group
agricultural employees of highly seasonal agricultural employers, during designated peak labor periods
Condition
Rule 2.3.2(A)(1)(a)(i): after 56 hours worked per workweek during any up to 22-workweek period, or any two or three periods of at least four workweeks each totaling up to 22 weeks, that the employer designates as its peak labor period(s); subject to the disclosure and notice requirements of Rule 2.3.2(C) Rule 2.3.2(F): the agricultural exemption does not apply if the employer draws at least 50% of its annual dollar volume of business from sales to the consuming public.
Period days
7
Threshold period hours
56
Group
agricultural employees of highly seasonal agricultural employers, outside peak labor periods
Condition
Rule 2.3.2(A)(1)(a)(ii): otherwise after 48 hours worked per week Rule 2.3.2(F): the agricultural exemption does not apply if the employer draws at least 50% of its annual dollar volume of business from sales to the consuming public.
Employees shall be paid time and one-half of the regular rate of pay for any work in excess of any of the following, except as provided in exemptions or variances in Rule 2: (A) 40 hours per workweek; (B) 12 hours per workday; or … Whichever of the three calculations in Rule 4.1.1 results in the greater payment of wages shall apply in any particular situation. … The COMPS Order regulates wages, hours, working conditions, and procedures for all employers and employees for work performed within Colorado, with the exceptions and exemptions contained within Rule 2. … The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation). … Administrative employees. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5 as specified for the applicable year in the PAY CALC Order, who directly serves an executive, and regularly performs duties important to the decision-making process of that executive. … Executives or supervisors. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5 … Professional employees. This exemption covers a salaried employee … Outside salespersons. This exemption covers an employee working primarily away from the employer’s place of business … Owners or proprietors. This exemption covers a full-time employee actively engaged in management of the employer … Taxi cab drivers employed by a taxi service provider licensed by a state or local government. … In-residence workers. This exemption covers the below-listed in-residence employees. … Bona fide volunteers and work-study students. … Elected officials and their staff. This exemption covers individuals elected to public office and members of their staff. … Employees in highly technical computer-related occupations. … Highly compensated employees. … National Western Stock Show. This exemption covers temporary employees employed directly by the Western Stock Show Association for the annual National Western Stock Show. … An agricultural employee is exempt from all overtime pay requirements in the COMPS Order if (by blood, adoption, or marriage) they are the child, sibling, spouse, parent, aunt, uncle, nephew, niece, first cousin, grandchild, or grandparent of a family owner of an employer. … The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. … Certain Salespersons and Mechanics. Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; and salespersons employed by trailer, aircraft, and boat (retail) dealers are exempt from Rule 4 (Overtime). … Commission Sales. Sales employees of retail or service industries paid on a commission basis, provided that at least 50% of their total earnings in the pay period is derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage, are exempt from Rule 4 (Overtime). … Ski Industry. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding … are exempt from (within Rule 4) the 40-hour overtime requirement but not the requirement of overtime pay for over 12 hours that are consecutive or are within a workday. … Medical Transportation. Employees of the medical transportation industry who work 24-hour shifts are exempt from the Rule 4.1.1(B)-(C) daily (12-hour) overtime rules if they receive the required Rule 4.1.1(A) weekly (40-hour) overtime pay. … Drivers and their driver’s helpers are exempt from Rule 4 (overtime) and Rule 5 (rest and meal periods) while and to the extent that they are: … Direct Support and Care. The Rule 4.1.1(B)-(C) daily (12-hour) overtime rule does not apply to companions designated as direct support professionals/direct care workers who are scheduled for, and work, shifts of at least 24 hours … Decision-Making Managers at Livestock Employers. The Rule 2.3.2 and Rule 4 overtime rules do not apply to decision-making managers at livestock employers … Range workers. The Rule 2.3.2 and Rule 4 overtime rules do not apply to range workers who are paid at least the minimum range worker salary … A hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the federal Fair Labor Standards Act “8 and 80 rule” whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of 80 hours in a 14 consecutive day period and for any work in excess of 8 hours per day. … Agricultural employees of agricultural employers are exempt from both the 40-hour weekly and the 12-hour daily overtime pay requirements in Rule 4.1.1, provided that such employees receive the following. … (a) at a highly seasonal agricultural employer (defined in Rule 2.3.2(C)), (i) after 56 hours worked per workweek during any up to 22-workweek period, or any two or three periods of at least four workweeks each totaling up to 22 weeks, that the employer designates as its peak labor period(s), and (ii) otherwise after 48 hours worked per week; and (b) at an agricultural employer that is not highly seasonal, (i) after 54 hours worked per workweek in 2024, and (ii) after 48 hours worked per workweek as of January 1, 2025; except