Colorado Overtime Labor Laws

August 7th, 2006 Posted by Mark

I think it’s important for us to take a particular look at what’s going on with Colorado overtime law. The state has its very own unique set of regulations regarding overtime pay and what constitutes overtime, as well as its own unique exclusion to these laws.

As with most states, however, Colorado starts out its overtime law with the same basics as most other states, along with the federal government. Basically, it goes along these lines: employees have to be paid one and half times their normal payment rate for time over 40 hours of work per week. We know this rule already.

Colorado overtime law continues, though, to say that that 1.5 times pay rate is also due for any time put out by a worker over 12 hours in a day, including any 12 hour consecutive period no matter if it starts one day and ends another. And of course, that 12 hours does not include any time spent on break or at lunch.

Minors, on the other hand, have a special rule all to themselves in Colorado overtime law. Employers can make them work in real emergency situations more than eight hours a day, or more than 40 hours a week. But if such an emergency situation arises, the employers must then pay those minors the overtime rate for all time over those eight hours in a day or 40 in a week.

Other special rules in the Colorado overtime law are exclusions, not inclusions like the above minor emergency clause. These exclusions—meaning these folks are not entitled to overtime pay—are worth our attention. Some examples of these jobs include any administrative positions, or an executive, managerial, or supervisory position. Anyone employed in outside sales, domestic employees, taxi cab drivers, babysitters, and elected officials and their staffs are also excluded.

The labor laws for Colorado including overtime and the federal labor laws can be found on the Colorado Complete Labor Law poster.

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Posted in Colorado, Employment Laws, Overtime, Wage and Hour

  1. Posted by: Diane Janney

    What if you are scheduled to work 8 hours a day, not 12?

  2. Posted by: Amelia

    Hi Diane!

    It doesn’t matter how many hours the employee is scheduled for in Colorado. It only matters how many hours the employee actually works.

    In Colorado, as in most states, an employee must be paid overtime when he or she works more than 40 hours in the payroll week.

    In addition, unlike most states, the employee must be paid overtime when he or she works more than 12 hours in a day, or in a single shift.
    Suppose Cindy works 30 hours per week. On Tuesday, she is scheduled for 8 hours. Cindy works 9 hours. She is not entitled to overtime pay. On Wednesday, Cindy is scheduled for 8 hours, and she works 12 hours and 15 minutes. Cindy is entitled to 15 minutes of overtime pay for Wednesday.
    HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: Cherie

    I work as a personal care provider in an assisted living facility. I work 24 hour shifts. I am paid 12 hours regular time and 8 hours overtime. We sleep when we can but are expected to get up and take care of any needs the residents may have no matter what time it is. I have been told that we are not paid for the remaining 4 hours because they are “sleep time”. Is this legal?
    Thank you
    Cherie

  4. Posted by: Amelia

    Hi Cherie! This may not be legal. The U.S. Department of Labor has complex guidelines on when an employee who is on duty must be paid for time spent sleeping and eating. To get a decision on your particular situation, contact them at http://www.dol.gov. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Maux

    We work in a restaurant in Colorado. Do restaurant employees who work 12 hours in a day with breaks get overtime if they are here more than 12 hours?

    Thank You
    Maux & Stacy

  6. Posted by: Amelia

    Hi Maux & Stacy! Yes, in many cases Colorado restaurant workers are entitled to 1.5 times thier usual hourly rate when working more than 12 hours in a day.

    The Colorad minimum wage rate and overtime provisions apply to the retail and service, commercial support service, food and beverage, and health and medical industries.

    This law is enforced by the Colorado Department of Labor & Employment at http://www.coworkforce.com/ . HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Tana Dominguez

    HI

    I work in a office enviroment and we are now resorting to mandatory overtime,are they legally able to tell us what day and shift to show up even if it is a saturday or sunday which are scheduled days off?

    Sincerly,

    Tana

  8. Posted by: Amelia

    Hi Tana! Yes, that is exactly what “mandatory overtime” means. The employer chooses which days and shifts the employee works, and if the employee does not show up, he or she can be disciplined or fired. This is true whether the overtime is on a scheduled work day, or on a day that the employee usually has off. We will point out that many people are out of work in this economy, and would jump at the chance to work overtime. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Tana Dominguez

    Amelia,

    It’s not that i am not greatful for my job and the overtime, Its just that we work a minium of 5 hrs of overtime a week and then every month end any where from 15-30 hours of overime that week and then quarter end and end of year its even more and that takes a lot of time away from my family,I have a 2 and 3 year old and it takes toll on them.We have been doing all that overtime with out it being mandatory and now they want to add mandatory shifts on top of that. I just want to know how much overtime can they demand?

    Thank you,

    Tana

  10. Posted by: Andie

    What defines a work week? If a pay period starts on a Wednesday, is the work week for overtime paid out only till Friday of that week? I am confused
    about the overtime laws, especially when my pay period consists of 15-16 days, which starts and ends on different days of the week. Is is accurate to say that any hours in excess of 80 for a pay period is paid in overtime, regardless on which day of the week the pay perios starts and ends?

    Thank you.

  11. Posted by: Amelia

    Hi Andie! Under both federal and Colorado law, hourly employees are entitled to overtime when they work more than 40 hours per week (NOT when they work more than 80 hours in two weeks, or more than 80 hours in a payroll period.) By law, every employer must establish a defined work week. The work week cannot fluctuate from one pay period to the next.
    When employees are paid twice per month, the payroll period may fluctuate from 14 to 16 days, but by law the payroll week cannot.
    So the first thing you need to do is find out from the employer what the payroll week is. Then, track the hours that you work each day (a pocket-sized calender is good for this) and you will be able to determine how many hours you work each payroll week. If you work more than 40 hours in a single payroll week, you are entitled to overtime.
    When an hourly employee is paid for 15 days, it is possible for the employee to have more than 80 hours, and still not be entitled to overtime. The employee could have 40 hours one payroll week, 40 hours the second payroll week, and an additional 8 hours in a third payroll week.
    Even if a single payroll week is split into two different pay periods, if the employee works more than 40 hours in the payroll week, he or she is still entitled to overtime. In the example above, suppose on the next check you have an additional 40 hours in the third payroll week, for 48 hours total that week. You would be entitled to 8 hours of overtime.
    This answer assumes that you are an hourly employee. If you are an exempt salaried employee, different rules apply. HTH, and thanks for reading the blogs!~Amelia

  12. Posted by: lizette

    overtime mandatory?

    at my job there has been several times that we get mandatory overtime on the same day, without any notice on the day before. and for the past weeks we get 30 minutes of overtime everyday, is it ok for them to just make us work overtime everyday?

  13. Posted by: Amelia

    Hi lizette! Yes, the employer can make overtime mandatory, even with no notice. The best practice would be to give employees as much notice as possible, but it is not always practical. The employer may not know in advance that overtime will be required.
    There are no limits on mandatory overtime in Colorado or most states. An employer could even phone the employee after he or she has gone home for the day, to come back to work, to put in mandatory overtime. the employers could require that employees work overtime 365 days per year, and it would be legal. HTH, and thanks for reading the blogs!~ Amelia

  14. Posted by: bruce

    i volunteered to work my days off, then got sick on those days. I tried to call the office, but no one answers on the weekends and the message is 10sec long. My phone broke the friday before with individuals numbers on it so i couldnt call anyone, unitl i got my phone fixed on Sunday. I also went to the doctors and had them write what i had on the note(on Monday they are not open on the weekends) can they do this? and will i get unemployment?

  15. Posted by: Amelia

    Hi bruce! We feel your pain, but try to look at this from the employer’s perspective. A scheduled shift is a scheduled shift, whether you volunteered for it or not. And frankly, “I couldn’t call because my phone was broken” is right up there with “the dog ate my homework.”
    You were no call/no show for two scheduled shifts, so you were terminated. Yes, the employer can fire you — most employers would. Normally an employee who is terminated for not calling to properly report an absence, is not eligible for unemployment. However, it never hurts to try, so apply for unemployment. HTH, and thanks for reading the blogs!~Amelia

  16. Posted by: Monique

    Hello, my husband was asked to stay at work during a snow storm and was advised he and the employee who stayed would be paid double time. Now the company is trying to pay them straight time, not double or time in a half. Is that right?

  17. Posted by: Amelia

    Hi Monique! No, it’s not right. It sounds like your husband’s supervisor offered a higher rate as an incentive for employees to work during the snowstorm. He may have exceeded his authority, or he may simply be reneging now. Either way, it is good that two employees witnessed this, because they can act as witnesses for each other. Your husband should file a wage claim with the Colorado Department of Labor and Employment. If that is not successful, he should take the employer to small claims court.
    There is no law that an employer must pay an employee overtime or doubletime for working longer hours, or for working unusual shifts. However, when the employer offers the employee a specific rate, the employer must honor those verbal promises. HTH, and thanks for reading the blogs!~ Amelia

  18. Posted by: Matt

    HI Amelia my name is Matt and I’ll be working in colorado this winter under the J1 exchange visa. I wanted to know what I should do if my employer decided to make me work 9 hours a day and did not pay me the extra hour as overtime. Thanks in advance, love the blog ^^

  19. Posted by: Amelia

    Hi Matt! Welcome! We hope your time here will be enjoyable. What should you do if your employer decides to make you work 9 hours a day and does not pay you an hour of overtime? The answer in most cases is: nothing. The employer has not violated any US law.

    In the US, both federal and state employment laws apply to all employees, including those on J1 visas. Despite what you read on this blog, 90% of US employers follow all the applicable labor laws. While you are in the US, if at any time you think your employer might be breaking the law or taking advantage of you, feel free to post a question here. But be aware that generally only the largest, most well-respected companies employ workers on J1 visas. So most likely you will find your work experience here completely enjoyable and free of problems.

    But since you asked, here’s more info about overtime: Under both federal and state minimum wage laws, an employee must be paid for every hour he or she works. So an employee who works 9 hours today must be paid for the 9 hours. Meal breaks longer than 20 minutes can be unpaid, if the employee is relieved of all duties. Suppose Jane works from 8 am to 5 pm, but has an hour off for lunch. Jane has worked 8 hours, not 9 hours. However, the employer has the right to require an employee to work a shift of more than 8 hours. For example, Jane’s employer could legally require that she work from 8 am until 8 pm, or 11 hours plus a one-hour meal break. This does not violate any labor law in the US. (Even a shift of 18 or 20 hours would not violate any US labor law — although such shifts are very uncommon and you will probably never work one.)

    Under federal law, an employee is entitled to overtime when the employee works more than 40 hours in the payroll week — not when the employee works more than 8 hours per day. Overtime must be paid at 1.5 times the employee’s average hourly rate. Example: an employee who worked 10 hours, four days per week, would work 40 hours per week and would not be entitled to any overtime under federal law. (The relevant statute is the FLSA, the Fair Labor Standards Act.) In the example above, if Jane worked 11 hours 3 days per week, she would be working 33 hours per week and not entitled to any overtime. If she worked 4 days one week, she would be working 44 hours in the payroll week. She would be entitled to 4 hours of overtime. If Jane normally earns $10 per hour, she must be paid $15 per hour for 4 hours of overtime that week.

    Colorado has its own overtime law, which applies only to employees in four industries: Retail/ Service, Commercial Support, Food/ Beverage and Health/Medical. (If you will be working in a different industry, the Colorado law does not apply to you.) Under the Colorado law, employees are entitled to overtime at 1.5 times the employee’s average hourly rate when the employee works more than 12 hours in a single day. (Most US states do not have a similar law.) That means in Colorado, if Jane works a 14-hour shift, she is entitled to 2 hours of overtime — even if she works only 14 hours that week.

    But there is no federal or Colorado law that specifically requires overtime when an employee works more than 8 hours per day. Again, we are here to answer any questions that you might have during your stay, and hope you have a great time. HTH, and thanks for reading the blogs!~ Amelia

  20. Posted by: Matt

    Thank you Amelia that response was both reassuring and informative :D this blog is really helpful

  21. Posted by: Amelia

    Hi again Matt! You are very, very welcome. Feel free to contact us with any additional questions you might have, and enjoy your visit!~ Amelia

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