The rules in Colorado
Under the Colorado Overtime and Minimum Pay Standards Order (COMPS Order #40, 2026), non-exempt employees get 1.5 times their regular rate for hours worked:
- over 40 in a workweek;
- over 12 in a workday; or
- over 12 consecutive hours, even if the shift runs across two workdays.
The employer must pay whichever of these gives the employee more overtime for the week. There is no averaging across weeks, and comp time cannot replace overtime pay for private employers.
The 12-consecutive-hours rule catches overnight shifts that are split between two workdays. This calculator and the main time card handle the daily and weekly rules; check split overnight shifts by hand.
Worked example
You work 14, 14 and 12 hours at $25 an hour: 40 hours, so no weekly overtime. But the 2 hours over 12 on each of the first two days are daily overtime: 4 hours at $37.50 = $150, plus 36 regular hours at $25 = $900. Gross: $1,050 instead of $1,000 under the federal rule alone.
Breaks in Colorado
Colorado also requires a paid 10-minute rest break for every 4 hours worked and an uninterrupted 30-minute meal period for shifts over 5 hours, where practical. A meal period that is not fully off duty must be paid.
Source: Colorado CDLE: COMPS Order #40
Questions
Does Colorado have daily overtime?
Yes. Colorado pays 1.5 times the regular rate for hours over 12 in a workday or over 12 consecutive hours, as well as for hours over 40 in a workweek.
Is overtime after 8 hours in Colorado?
No. Colorado daily overtime starts after 12 hours, not 8. California and Alaska are the states with overtime after 8 hours a day.
What is COMPS Order #40?
It is Colorado’s 2026 Overtime and Minimum Pay Standards Order, the state rule that sets overtime, rest breaks and meal periods for most private-sector workers.