Colorado Unpaid Wages & Overtime Lawyers

Updated on March 26th, 2021 Author: Sergei Lemberg

Many states online one’s eligibility for overtime pay based upon the traditional 40-hour workweek. However, Colorado differs because it also requires that employees receive overtime pay for working over a certain amount of hours in a single day. This means that employees should receive time and a half their standard pay for hours over:

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.

State/Federal Statutes

Colorado Minimum Wage Order 33
Fair Labor Standards Act (FLSA) Overtime Provision

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:

40 hours in a single workweek,
12 hours in a single workday, or
12 consecutive hours not concerning the starting/ending time during the workday and not counting duty free meal times

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.

When regular hours equal less than 40, then add the regular rate for every hour until reaching 40 hours, then increase the rate to time and a half for every hour after 40.
Otherwise, pay 1.5 the standard rate for every hour after 40.

FLSA Exemptions

This is a partial list of employees not entitled to overtime pay:

Administrative Employees
Casual Babysitters
Companions
Domestic Employees (In private residences hired by households or family members for various duties)
Driver helpers
Elected officials and Staff
Executive/Supervisor employees
Interstate Drivers
Loaders or Mechanics of Motor Carriers
Outside Sales Employees
Professional Employees
Property Managers
Taxi Cab Drivers

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
Companions
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.

About the Author:

Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

Colorado Overtime Laws – CO