Colorado Overtime laws & HR compliance analysis

Colorado Overtime: 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, 40 in a workweek, or 12 consecutive hours without regard to the starting and ending time of the workday (excluding duty-free meal periods), whichever calculation results in the greater payment of wages. The following are excludable from an employee's regular rate of pay: business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday, sick leave, and jury duty.
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"Work time" defined. Under COMPS, the time during which an employee is subject to the control of an employer, including all the time the employee is “suffered or permitted to work,” whether or not required to do so, is work time. Requiring or permitting employees to remain at the place of employment awaiting a decision on job assignment or when to begin work or to perform cleanup or other duties “off the clock” is time worked.
Minors. Minors under the age of 18 who have graduated from high school or passed an equivalency exam may work in excess of 8 hours in a day and must be paid overtime for hours in excess of 12 in a day or 40 in a week. In an emergency, the director of the Colorado Division of Labor may authorize an employer to allow a minor under the age of 18 who is subject to the child labor laws to work more than 8 hours in a day. In such a situation, the minor must be paid time-and-a-half for hours worked in excess of 8 in a day and 40 in a workweek.
Healthcare workers. Hospitals and nursing homes may ...

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