Colorado does not wait for 40 hours: overtime starts after 12 hours in a day or 12 consecutive hours, plus the 40 hour weekly rule. Enter your hours day by day and this calculator applies the COMPS Order correctly, with no double counting and a $15.16 minimum wage in 2026.
Rules verified November 2026 · Sources: U.S. Department of Labor, Colorado Department of Labor and Employment
By Mudassir Khan
COMPS Order #40 rules. Whichever calculation pays more wins. Hours are never counted twice (no pyramiding).
The calculator applies the 12 hour daily and 40 hour weekly triggers. The 12 consecutive hour trigger can add overtime on overnight shifts; count those hours against the daily line here.
Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
COMPS Order #40 requires 1.5 times the regular rate for hours over 40 in a workweek, over 12 in a workday, or over 12 consecutive hours. Rule 4.1.2 says whichever calculation produces the greater payment applies.
The 12 consecutive hour trigger ignores the workday clock. An overnight shift from 6 p.m. to 8 a.m. is 14 consecutive hours, so the last 2 earn overtime even if each calendar day stayed under 12.
Colorado indexes its minimum wage to inflation every January 1: $15.16 an hour in 2026, with a $3.02 tip credit making the tipped cash wage $12.14. Denver pays $19.29 and several other cities set higher local rates.
Overtime hours = hours over 12 in a day (or 12 consecutive) + straight time hours over 40 in the week, whichever pays more. Gross = (regular hours × rate) + (overtime hours × rate × 1.5)
| Rule | Colorado |
|---|---|
| Overtime rule | COMPS Order: 1.5 times pay after 40 hours a week, 12 hours in a day, or 12 consecutive hours |
| Minimum wage 2026 | $15.16 an hour; tipped cash wage $12.14; Denver $19.29 |
| State income tax | 4.4% flat rate |
| Claim agency | Colorado Department of Labor and Employment, Division of Labor Standards and Statistics |
| Claim deadline | 2 years, 3 if the violation was willful |
| Worker | Math | Gross |
|---|---|---|
| $20/hr, three 13 hour days (39 hrs) | 36 × $20 + 3 × $30 | $810.00 |
| $20/hr, days of 10, 14, 6 and 8 hours (38 hrs) | 36 × $20 + 2 × $30 | $780.00 |
| $22/hr, five 13 hour days (65 hrs) | 40 × $22 + 25 × $33 | $1,705.00 |
| $15.16/hr, five 8 hour days (40 hrs) | 40 × $15.16, no overtime | $606.40 |
Example 2 is the COMPS lesson: the week totals only 38 hours, yet 2 overtime hours are owed because one day crossed 12. Federal only payroll systems miss this entirely.
National payroll systems miss Colorado daily overtime. Systems configured for the federal 40 hour rule never flag a 13 hour day in a 38 hour week. Colorado employers running national payroll should verify daily overtime is actually being calculated.
Comp time cannot replace overtime. Colorado bans averaging hours across workweeks and bans substituting paid time off for the overtime premium. Each workweek stands alone, and the premium must be paid in wages.
Ski industry workers keep the daily trigger. Ski area operations employees are exempt from the 40 hour weekly requirement but still earn overtime past 12 hours in a day or 12 consecutive hours.
For a state with an 8 hour daily trigger instead, see the California overtime calculator. The federal baseline is explained in the FLSA overtime rules guide.
Yes. The COMPS Order requires 1.5x after 12 hours in a workday or 12 consecutive hours, plus the standard 1.5x after 40 hours in a workweek. Whichever calculation pays more applies.
Overtime is owed for hours past 12 consecutive hours of work, regardless of when the workday starts and ends. An overnight shift crossing midnight still triggers it.
$15.16 an hour statewide, effective January 1, 2026. The tipped cash wage is $12.14. Denver pays $19.29, and Boulder and Edgewater set higher local rates.
With the Division of Labor Standards and Statistics at the Colorado Department of Labor and Employment. Complaints must be filed within 2 years, or 3 if the violation was willful.
Colorado has a flat 4.4% income tax that applies to overtime wages like any other wage.
No. Colorado prohibits substituting compensatory time off for the overtime premium, and prohibits averaging hours across workweeks.
Rates and rules checked against these sources in November 2026.
For an 8 hour daily trigger state, try the California overtime calculator. For federal only math, use the main overtime calculator.