Colorado · Overtime · Updated April 2026

Colorado has daily overtime — and it starts at hour 12.

Out-of-state employers expanding into Colorado miss this rule constantly. Under COMPS Order #40, non-exempt workers earn 1.5× pay for hours over 12 in a workday, over 12 consecutive hours, or over 40 in a workweek — whichever produces the higher pay. Hours can't be averaged across weeks. Comp time is illegal in the private sector.

Daily Threshold
12 hrs
Multiplier
1.5×
Authority
COMPS #40
Active

Daily Overtime — 12-Hour Trigger

Tracks single-workday hours toward Colorado's 12-hour daily overtime threshold. Calculates 1.5× pay automatically and surfaces the controlling computation when daily, weekly, and consecutive triggers all apply.

Warn manager at 11-hour scheduling threshold
Require explicit acknowledgment past 12 hours
Auto-tag timesheet entries as daily OT
Always running

What those three rules do when a 13-hour shift actually shows up.

The hero card on this page shows the configuration: Avoid at 11 hours, Critical past 12, Flag on the timesheet. Here's what each one does at runtime.

Avoid · at 11 hours

While building the schedule, the manager sees a yellow indicator on the shift block: "Trends past 11hr — daily OT after 12." The schedule still saves. The warning is logged.

Critical · past 12 hours

On save, a confirmation prompt names the OT exposure: "This shift will be 13 hours. You'll owe 1 hour at 1.5× under COMPS Order #40." The save proceeds only after explicit acknowledgment.

Flag · on the timesheet

Hour 12.01 onward auto-tags as Daily OT, regardless of who initiated the schedule change. Payroll close never sees an untagged hour that should have been overtime.

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The rule, plainly stated

Three triggers. The highest one wins.

Colorado overtime fires on three independent thresholds. For any given workweek, the calculation that produces the most overtime pay controls — you cannot pick the one that benefits the employer.

7 CCR 1103-1, COMPS Order #40, Rule 4.1.1: Employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (a) forty hours per workweek; (b) twelve hours per workday; or (c) twelve consecutive hours without regard to the starting and ending time of the workday — whichever calculation results in the greater payment of wages.

Trigger 1: Over 40 hours in a workweek

The federal FLSA rule. Calculated Sunday-through-Saturday by default, though employers may designate any 7-day period as their workweek (it must remain fixed). Hours from two or more weeks cannot be averaged.

Trigger 2: Over 12 hours in a single workday

The Colorado-specific daily trigger. A "workday" is any consecutive 24-hour period starting at the same time each calendar day. If you pay daily OT after 12 hours and a worker logs 13 hours on Tuesday, you owe 1× for hours 1–12 and 1.5× for hour 12.01–13. This is independent of weekly totals.

Trigger 3: Over 12 consecutive hours

The shift-spanning trigger. A 13-hour shift that crosses from 8pm Monday to 9am Tuesday triggers OT for hour 13, regardless of when the workday "starts" for purposes of trigger 2. This catches overnight shifts that wouldn't otherwise hit either threshold.

How the calculation interacts

For each workweek you compute all three triggers and pay whichever produces the greatest OT premium. You do not stack them — a single hour cannot be paid at 2.5× because it triggered both daily and weekly OT. But you may not under-pay by selectively applying only one trigger.

Schedule Daily OT analysis
Mon 14 hrs · Tue 0 · Wed 8 · Thu 8 · Fri 0 Weekly total = 30 hrs (no weekly OT). But Mon triggers daily OT: 12 reg + 2 OT. Pay = 28 reg + 2 OT (regardless of low weekly total).
Mon 13 · Tue 13 · Wed 13 · Thu 13 · Fri 0 Weekly total = 52 hrs. Daily OT = 4 hrs (1 hr × 4 days over 12). Weekly OT after 40 = 12 hrs. Weekly trigger controls: 40 reg + 12 OT.
Mon 8pm to Tue 9am (13 hrs straight) 12 consecutive hour trigger fires. 12 reg + 1 OT, even if Mon and Tue calendar days each show only partial hours.
On autopilot

Teambridge calculates the controlling trigger automatically.

You don't pick which trigger applies. You don't compare weekly to daily and pick the higher one. Teambridge runs all three calculations on every shift, every payroll close, and pays whichever controls. Here's what that looks like at three moments.

01 · Schedule build

The 13th hour shows resistance.

When a manager drags a shift past 11 hours, Teambridge surfaces an Avoid warning: this trends into daily OT. At 12+ hours, the warning escalates to Critical — the schedule still saves, but it requires explicit acknowledgment that you understand you'll owe OT.

02 · Timesheet entry

Hours past 12 auto-tag as daily OT.

Whether scheduled or unscheduled, when a worker clocks past 12 hours in a workday, Teambridge tags those minutes with a Flag indicator. Payroll never sees an untagged hour that should have been OT.

03 · Payroll close

The controlling computation wins.

For each workweek, Teambridge computes daily, weekly, and consecutive triggers in parallel. The calculation producing the highest OT premium is the one applied. You see the comparison in the close report — auditable, defensible, ready for CDLE.

04 · Worker app

Visible to the worker, too.

When a worker views their paystub, the breakdown shows regular hours, daily OT hours, weekly OT hours, and the controlling logic. The HFWA rule requires this transparency for sick leave; Teambridge applies the same standard to overtime.

Anatomy of a 15-hour workday
Hour 0Hour 6Hour 12Hour 15
Regular rate (1×)
Daily OT premium (1.5×)
Free · No commitment

Still evaluating? Get a free Colorado compliance audit.

Send us your existing CO scheduling and pay configuration. Our compliance team returns a written audit within 5 business days — every CO-specific exposure ranked by risk and back-pay liability.

FAQ

People also ask.

Does Colorado have daily overtime?
Yes. Colorado is one of a handful of US states with daily overtime. Under COMPS Order #40, non-exempt workers earn 1.5× their regular rate for hours over 12 in a single workday, over 12 consecutive hours regardless of when the workday starts, or over 40 in a workweek — whichever calculation produces the higher pay.
When does Colorado daily overtime start — at 8 hours or 12 hours?
Colorado daily overtime begins at 12 hours, not 8. (California is the state with the 8-hour daily OT trigger.) Hours 1–12 in a Colorado workday are paid at the regular rate; hour 12.01 onward is paid at 1.5×. Out-of-state employers expanding into Colorado from California or other 8-hour states should not assume the lower threshold; out-of-state employers expanding into Colorado from federal-only FLSA states often miss the daily trigger entirely.
Can Colorado employers average hours across two weeks to avoid overtime?
No. The COMPS Order explicitly prohibits averaging hours across two or more workweeks. Each workweek stands alone for OT calculation. Penalties for willful violations under the Colorado Wage Act can reach 300% of wages owed, plus attorney's fees if the employee prevails.
What is the 12 consecutive hour rule?
Separate from the daily 12-hour trigger, Colorado requires overtime for any 12 consecutive hours worked, regardless of when the workday starts or whether it crosses midnight. A shift from 8pm to 9am the next day = 13 consecutive hours and triggers OT for the 13th hour even though it falls in two calendar days. This catches overnight shifts that wouldn't otherwise hit either the daily or weekly threshold.
Does daily overtime apply to salaried employees?
Only non-exempt employees are entitled to overtime. Salary alone does not determine exempt status — the duties test must also be met, and the salary must exceed Colorado's exempt threshold ($57,784 in 2026 for executive/administrative/professional roles). Many salaried frontline supervisors are misclassified and remain entitled to overtime, including daily OT.
Is comp time allowed in lieu of overtime pay in Colorado?
No. Comp time in lieu of overtime pay is illegal in the private sector in Colorado. Employers must pay overtime in cash on the regular payday following the workweek in which it was earned. (Public-sector employees may have different rules under separate provisions.)
What if a worker volunteers to work past 12 hours?
Voluntariness does not waive the OT requirement. The duty to pay overtime is on the employer, and an employee cannot waive their statutory right to overtime pay even if they offer to. If you "suffer or permit" the work, you owe the premium — period.
How does Teambridge calculate which trigger controls?
For each workweek, Teambridge computes all three triggers (daily, weekly, consecutive) in parallel and applies whichever produces the greatest OT premium. The comparison is shown in the payroll close report — auditable, defensible, and ready for CDLE inspection. No human picks; the math picks.