Colorado Exempt Personnel laws & HR compliance analysis

Colorado Exempt Personnel: What you need to know

Under the Colorado Overtime and Minimum Pay Standards Order (COMPS), employers in certain industries must pay each employee overtime in the amount of 11/2 times the employee's regular rate for hours worked in excess of 12 in a day, 12 consecutive hours, or 40 in a workweek, whichever results in the higher payment of wages. (CO Admin. Code Tit. 7 Sec. 1103-1).
Colorado provides an exemption from the overtime requirements for exempt executive/supervisory, administrative, and professional employees. In order to be exempt, an employee must meet the salary and duties requirements. Effective January 1, 2021, the salary threshold for overtime exemption is $40,500, then will increase to $45,000 in 2022, to $50,000 in 2023, and to $55,000 in 2024.
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Colorado defines an exempt executive or supervisory employee as one who:
• Is a salaried employee earning more than the minimum wage for all hours worked in a workweek;
• Supervises the work of at least two full-time employees;
• Has the authority to hire and fire, or to effectively recommend the hiring of a prospective employee or firing of an employee; and
• Spends a minimum of 50 percent of the workweek in duties directly related to supervision.
Colorado defines an exempt administrative employee as one who:
• Is a salaried employee;
• Directly serves the executive;
• Regularly performs duties important to the decision-making process of the executive;
• Regularly exercises independent judgment and discretion in matters of significance;and
• Has the primary duty of work that is nonmanual in nature and directly related to management policies or general business operations.

Read more about Exempt Personnel

Colorado Exempt Personnel Resources

Type Title
Checklists Trainees Checklist
Forms Exempt Survey Form
Letters Change from Nonexempt to Exempt Letter
Policies Employee Workweek
See all Exempt Personnel Resources