Colorado Wage and Hour FAQs

Answers to Colorado Overtime, Minimum Wage Questions

Back to Colorado Overtime Law

What can I do if I have been denied overtime or minimum wage?

You can file a complaint with Colorado Department of Labor and Employment, Division of Labor. You can also contact a Colorado overtime lawyer who can file a lawsuit to recover back wages.

When should I be paid overtime?

Generally, non-exempt employees should receive overtime pay when they work more than 40 hours per workweek; (2) twelve hours per workday; or (3) twelve consecutive hours without regard to the starting and ending time of the workday, whichever calculation results in the greater payment of wages.

What is a workweek?

A workweek is any consecutive seven-day period, starting on the same calendar day and hour each week. Usually established by the employer, a workweek is a fixed and recurring period of 168 hours or seven consecutive 24-hour periods. Employers are not allowed to average hours between two or more workweeks.

What is a regular rate of pay?

A regular rate of pay is used to calculate overtime pay. A regular rate of pay is expressed as a rate per hour, and is computed by dividing the total compensation provided to the worker in any workweek by the total number of hours worked in that workweek. When calculating their regular rate of pay, employees should take into account their set hourly rate, non-discretionary bonuses, commissions, production bonuses and shift differential. Employees should exclude vacation, jury duty, holiday and sick pay; bona fide gifts; business expenses; discretionary bonuses; and employer investment contributions when determining their regular rate of pay.