What do Colorado labor laws change in the schedule and the pay?
Under COMPS Order #40, except as its exemptions and variances provide, employees are paid time and one-half for work over 40 hours per workweek, over 12 hours per workday, or over 12 consecutive hours14. Whichever pays more applies1.
A shift over 5 consecutive hours carries a duty-free meal period of at least 30 minutes, or a paid on-duty meal where that is impractical7. Each 4 hours of work or major fraction carries a paid 10-minute rest period3.
The 2026 minimum wage is $15.16 an hour2. The Division's proposed 2027 order sets $15.71 from January 1, 2027, if adopted5. Denver, Edgewater, Boulder and unincorporated Boulder County set higher local wages891011.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the Colorado Division of Labor Standards and Statistics, your city's or county's labor standards office, or a qualified advisor.
Which dates change the rules in Colorado?
- COMPS Order #40 takes effect
It replaces COMPS Order #39 and prior orders12.
- Denver $19.84, Boulder $18.17, Boulder County $17.43
Each local government's own page gives its rate from January 1, 2027131415.
- State minimum wage $15.71, if adopted
As proposed by the Division on September 30, 2026; tipped employees $12.69516.
Past or upcoming as of November 12, 2026.
What changes in the week in Colorado?
When you build the schedule
A workday is any consecutive 24-hour period starting with the same hour each day; the employer sets it, and it may accommodate flexible shift scheduling17. A workweek is any consecutive 168 hours starting with the same day and hour each week17.
Work over 40 hours per workweek, over 12 hours per workday, or over 12 consecutive hours is paid at time and one-half, except as the order's exemptions and variances provide14. Whichever calculation pays more applies, and hours in different workweeks are not averaged1.
By our arithmetic, 14 hours of work in a workday carry 2 hours of overtime even in a week under 401.
Meal periods can be subtracted when counting the 12 consecutive hours only if they meet the meal-period rule, and the 12-consecutive-hour count does not change the employer's workday or workweek4.
When people clock in and take breaks
A shift over 5 consecutive hours carries an uninterrupted, duty-free meal period of at least 30 minutes, where practical at least one hour after the start and one hour before the end. When the work makes that impractical, the employee eats on duty and is paid for it7.
Rest periods are 10 paid minutes for each 4 hours of work or major fraction, except as the order's exemptions or variances provide3. The order's table gives none for 2 hours or fewer, one over 2 and up to 6, two over 6 and up to 10, and three over 10 and up to 143.
It goes on: four over 14 and up to 18, five over 18 and up to 22, and six over 223. Rest periods fall in the middle of each 4-hour period where practical, and count as time worked18.
A rest period not authorized and permitted extends the shift by 10 minutes without pay, so it is owed as 10 minutes of wages6.
When someone calls in sick
Every employer provides paid sick leave under the Healthy Families and Workplaces Act: at least one hour for every thirty hours worked, up to forty-eight hours a year unless the employer sets more19. It accrues from the start of employment and can be used as it accrues19.
Up to forty-eight unused hours carry forward, though the employer need not allow more than forty-eight hours of use in a year19.
In payroll
The 2026 minimum wage is $15.16 an hour, and $12.14 for tipped employees where tips raise total pay to the full minimum wage2.
The Division's notice on local minimum wages says a local minimum wage covers “all adult employees and emancipated minors”20. They are covered as long as they work “(or are expected to work) at least four hours in a week in the jurisdiction”20. The local rates are in the table below.
Watch for
- Exemptions from the whole order. COMPS Order #40 exempts, among others, administrative, executive or supervisory, professional and outside sales employees from all of the order except its Rules 1, 2 and 821. Salaried exemptions require at least the salary in Rule 2.5, $1,111.23 a week in 20262122. Doctors, lawyers and teachers who qualify as exempt professionals need not receive any particular salary23.
- Exemptions from overtime. The order also exempts from overtime, among others, certain dealership salespersons, parts-persons and mechanics, and qualifying commission sales employees24. Ski employees in on-mountain operations and food service are exempt from the 40-hour rule only, not the 12-hour rules24. Drivers and helpers under the federal Motor Carrier Act are exempt from overtime and from rest and meal periods only while three conditions all hold24. They are exempt from federal overtime under 29 U.S.C. § 213(b)(1), they work on MCA-covered vehicles as the rule defines them, and they are paid at least the equivalent of 50 hours at the Colorado minimum wage with overtime24.
- Shorter rest breaks. An employee may agree, voluntarily and without coercion, to two 5-minute breaks where 5 minutes is enough to go back and forth to a bathroom or break location25. The agreement is for a given workday, or in a writing signed by both that covers up to a year25. Under a collective bargaining agreement, and in Medicaid-funded care work that meets the rule's conditions, rest may instead average at least 10 minutes per 4 hours over the workday25. Each 4 hours still carries at least 5 minutes of rest25.
- How Rule 4.1.1 reads. As printed in COMPS Order #40, its third item reads “consecutive hours without regard to the start and end time of the workday”1. The Division's statement for proposed COMPS Order #41 says it inadvertently omitted the number 12 there, and that the threshold is any 12 consecutive hours26.
What changes for hospitals, nursing homes and care work in Colorado?
A hospital or nursing home may agree with individual employees to pay overtime under the federal “8 and 80 rule”27. Time and one-half is then paid for work over 80 hours in a 14 consecutive day period and over 8 hours per day27.
Medical transportation employees who work 24-hour shifts are exempt from the daily 12-hour overtime rules if they receive weekly 40-hour overtime pay28.
The daily 12-hour rule also does not apply to companions designated as direct support professionals or direct care workers, but only when all of the rule's conditions hold29. They are scheduled for, and work, shifts of at least 24 hours providing residential or respite services29. Their employer must receive at least 75% of its total revenue from Medicaid or other governmental sources, and the services must be within Medicaid home- and community-based service waivers29.
Which Colorado cities and counties set a higher minimum wage?
| City or county | Rate | In force since | Next published rate | Source |
|---|---|---|---|---|
| DenverCity and County of Denver | $19.298 | January 1, 2026 | $19.84 from January 1, 202713 | Official page |
| EdgewaterCity of Edgewater | $18.179 | 2026 | — | Division's notice |
| BoulderCity of Boulder | $16.8210 | January 1, 2026 | $18.17 from January 1, 202714 | Official page |
| Boulder Countyunincorporated areas | $16.8211 | 2026 | $17.43 from January 1, 202715 | Official page |
The Division's notice says Edgewater's rate rises annually by 10% through 2028, then by inflation or, if greater, to match Denver's30.
What does an employer have to be able to show?
The time record is how a Colorado employer shows it followed these rules. Each employer keeps, at the place of employment or its principal place of business in Colorado, a true and accurate record for each employee that includes a daily record of all hours worked31.
Earnings statement records are kept for at least 3 years after the wages were due, and for as long as a wage claim about the employee is pending32.
What does the law leave open?
Whether the 2027 orders are adopted as proposed. The Division proposed a new PAY CALC Order and a new COMPS Order on September 30, 202616. Its rulemaking page shows each with a January 1, 2027 effective date, and listed neither as adopted on November 12, 202616. As proposed, COMPS Order #41 implements SB 26-121 on the overtime threshold for agricultural employees, with other updates and clarifications, and takes effect January 1, 2027, or as soon after as rulemaking completes26. This page quotes COMPS Order #40, the order in force.
Whether a salaried role is exempt. The order's exemptions turn on duties and, for salaried roles, on the salary in Rule 2.521. Whether a given role meets them is a question for your counsel.
What does the law say exactly?
Employees shall be paid time and one-half of the regular rate of pay for any work in excess of any of the following, except as provided in exemptions or variances in Rule 2: 40 hours per workweek; 12 hours per workday; or consecutive hours without regard to the start and end time of the workday. […] Whichever of the three calculations in Rule 4.1.1 results in the greater payment of wages shall apply in any particular situation. […] Hours worked in two or more workweeks shall not be averaged for computing overtime.
COMPS Order #40, Rules 4.1.5 and 4.2 12 consecutive hours
In calculating when 12 consecutive hours are worked for purposes of the Rule 4.1.1 requirement of overtime after 12 hours, meal periods may be subtracted, but only if the meal periods comply with the Rule 5.1 requirements for meal periods. […] The requirement to pay overtime for work in excess of 12 consecutive hours will not alter the employee’s established workday or workweek, as previously defined.
COMPS Order #40, Rules 1.12 and 1.13 workday and workweek
“Workday” means any consecutive 24-hour period starting with the same hour each day and the same hour as the beginning of the workweek. The workday is set by the employer and may accommodate flexible shift scheduling. […] “Workweek” means any consecutive set period of 168 hours (7 days) starting with the same calendar day and hour each week.
COMPS Order #40, Rule 5.1 meal periods
Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds 5 consecutive hours. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end of the shift. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time. When the nature of the business activity or other circumstances make an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties. Employees shall be permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation.
COMPS Order #40, Rule 5.2 rest periods
Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows, except as provided in exemptions or variances in Rule 2: Work Hours Rest Periods Required 2 or fewer 0 Over 2, and up to 6 1 Over 6, and up to 10 2 Over 10, and up to 14 3 Over 14, and up to 18 4 Over 18, and up to 22 5 Over 22 6
COMPS Order #40, Rule 5.2.4 a missed rest period
When an employee is not authorized and permitted a required 10-minute rest period, their shift is effectively extended by 10 minutes without compensation. Because a rest period requires 10 minutes of pay without work being performed, work during a rest period is additional work for which additional pay is not provided. Therefore, a failure by an employer to authorize and permit a 10-minute compensated rest period is a failure to pay 10 minutes of wages at the employee’s agreed-upon or legally required (whichever is higher) rate of pay.
COMPS Order #40, Rule 7.1 records
Every employer shall keep at the place of employment, or at the employer’s principal place of business in Colorado, a true and accurate record for each employee which contains the following information: name, address, occupation, and date of hire of the employee; date of birth, if the employee is under 18 years of age; daily record of all hours worked;
COMPS Order #40, Rule 2.4.5 the 8 and 80 rule
Eight and Eighty Rule. A hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the federal Fair Labor Standards Act “8 and 80 rule” whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of 80 hours in a 14 consecutive day period and for any work in excess of 8 hours per day.
COMPS Order #40, Rule 2.4.7 direct support and care
Direct Support and Care. The Rule 4.1.1(B)-(C) daily (12-hour) overtime rule does not apply to companions designated as direct support professionals/direct care workers who are scheduled for, and work, shifts of at least 24 hours providing residential or respite services and who are employed by service providers and agencies that receive at least 75% of their total revenue from Medicaid or other governmental sources, and who provide services within Medicaid home- and community-based service waivers.
COMPS Order #40, Rule 2.4 exemptions from overtime
Exemptions from Overtime Requirements of the COMPS Order. The following employees are exempt from Rule 4 (Overtime) unless otherwise specified. […] Certain Salespersons and Mechanics. Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; and salespersons employed by trailer, aircraft, and boat (retail) dealers are exempt from Rule 4 (Overtime). […] Commission Sales. Sales employees of retail or service industries paid on a commission basis, provided that at least 50% of their total earnings in the pay period is derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage, are exempt from Rule 4 (Overtime). […] Ski Industry. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in providing food and beverage services at on-mountain locations, are exempt from (within Rule 4) the 40-hour overtime requirement but not the requirement of overtime pay for over 12 hours that are consecutive or are within a workday. […] Drivers, and Driver’s Helpers, Subject to the Federal Motor Carrier Act (MCA). Drivers and their driver’s helpers are exempt from Rule 4 (overtime) and Rule 5 (rest and meal periods) while and to the extent that they are: subject to the federal MCA and exempt from overtime requirements of the FLSA pursuant to 29 U.S.C. § 213(b)(1) and regulations promulgated thereunder; working on MCA-covered non-passenger vehicles, or on MCA-covered passenger vehicles qualifying as commercial motor vehicles requiring a commercial driver’s license (CDL) — but not on vehicles that transport workers to and from manual work jobs (e.g., landscaping or lawn care, construction or roofing, cleaning or janitorial, or other manual labor) and do not require a CDL; and paid compensation equivalent to at least 50 hours at the Colorado minimum wage with overtime, as specified for the applicable year in the PAY CALC Order, regardless of whether the pay is hourly, salaried, piece rate, or on another basis.
COMPS Order #40, Rule 5.2.1 shorter or averaged rest
Rest periods shall be 10 minutes unless, on a given workday, or in a writing covering up to a one-year period that is signed by both parties, the employee and the employer agree, voluntarily and without coercion, to have two 5-minute breaks, as long as 5 minutes is sufficient, in the work setting, to allow the employee to go back and forth to a bathroom or other location where a bona fide break would be taken; or […] if the below conditions are met, rest periods need not be 10 minutes every 4 hours for any employees (i) governed by a collective bargaining agreement at any employer, or (ii) during time they are providing Medicaid-funded services for a service provider or agency receiving at least 75% of its annual total gross revenue from Medicaid or other governmental funds for providing such services within Medicaid home- and community-based services waivers, and the services provided require continuous supervision of the service recipient, or providing a rest period would interfere with ensuring the service recipient’s health, safety, and welfare. Employees in category (i) or (ii) must receive: rest periods that average, over the workday, at least 10 minutes per 4 hours worked; and at least 5 minutes of rest in every 4 hours worked.
2026 PAY CALC Order the 2026 minimum wage
2026 Level (Yearly Calculation) Future Annual Adjustments (A) Full Colorado minimum wage (R. 3.1) $15.16 per hour […] $12.14 per hour to the extent that adding tips raises total pay to full minimum wage
Proposed 2027 PAY CALC Order the proposed 2027 minimum wage
As proposed September 30, 2026; if adopted, effective January 1, 2027. […] (A) Full Colorado minimum wage (R. 3.1) $15.71 per hour […] $12.69 per hour to the extent that adding tips raises total pay to full minimum wage
C.R.S. § 8-13.3-403 paid sick leave
(c) Effective January 1, 2022, each employer shall provide each employee paid sick leave as provided in this section. […] (2) (a) Each employee earns at least one hour of paid sick leave for every thirty hours worked by the employee; except that an employee is not entitled under this section to earn or use more than forty-eight hours of paid sick leave each year, unless the employer selects a higher limit. […] (3) (a) An employee begins to accrue paid sick leave when employment with the employer begins and may use accrued paid sick leave as it is accrued. […] (b) Up to forty-eight hours of paid sick leave that an employee accrues in a year but does not use carries forward to, and may be used in, a subsequent year; except that an employer is not required to allow the employee to use more than forty-eight hours of paid sick leave in a year.
How does a system hold daily overtime?
In Colorado, the daily and weekly hour limits land on the same schedule, the same timecard and the same payroll. This is how WorkAxle holds the hour limits:
- Daily and weekly hour limits are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- On your most common shift patterns, mark every hour worked past 12 in a workday or past 12 consecutive hours14.
- Pull three timecards for shifts over 5 consecutive hours and confirm the meal period, or the paid on-duty meal7.
- Check rest periods on your longest shifts against the order's rest-period table, including shifts over 14 hours3.
- List your sites in Denver, Edgewater, Boulder and unincorporated Boulder County and check each rate against the table above891011.
Sending it to finance, operations or your counsel? The link opens this page, and the printed brief carries the rules, the dates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the Colorado Division of Labor Standards and Statistics, your city's or county's labor standards office, or a qualified advisor.
Frequently asked questions
Does Colorado have daily overtime?
Yes. Under COMPS Order #40, except as its exemptions and variances provide, work over 12 hours per workday or over 12 consecutive hours is paid at time and one-half, as is work over 40 hours per workweek14.
What is the Colorado minimum wage in 2027?
The Division's proposed 2027 PAY CALC Order sets $15.71 an hour from January 1, 2027, if adopted; on November 12, 2026 its rulemaking page listed it as not adopted516. The 2026 rate is $15.162.
What are Colorado's break requirements?
A duty-free meal period of at least 30 minutes when a shift exceeds 5 consecutive hours, or a paid on-duty meal where that is impractical7. A paid 10-minute rest period for each 4 hours of work or major fraction, except as the order's exemptions or variances provide3.
What happens if a rest break is missed in Colorado?
COMPS Order #40 treats it as 10 minutes of wages not paid, at the employee's agreed-upon or legally required rate, whichever is higher6.
How much paid sick leave does Colorado require?
At least one hour for every thirty hours worked, up to forty-eight hours a year unless the employer sets more, for every employer19.
What is the minimum wage in Denver?
$19.29 an hour from January 1, 2026 to December 31, 2026, and $19.84 from January 1, 2027, according to Denver Labor8.
https://www.workaxle.com/compliance-center/united-states/colorado