WeeklyTimeCardColorado COMPS Order #40: Understanding the Three Overtime Triggers
Under Colorado wage law, overtime regulation is significantly more protective than federal Fair Labor Standards Act (FLSA) standards. Enforced by the Colorado Department of Labor and Employment (CDLE) Division of Labor Standards and Statistics (DLSS), the Colorado Overtime and Minimum Pay Standards (COMPS) Order #40 (7 CCR 1103-1) governs non-exempt private sector employment throughout the state.
Unlike federal law, which only mandates overtime compensation after 40 hours in a 7-day workweek, Colorado law introduces a multi-tier statutory protection known as the Three-Trigger Overtime Rule.
"Employers shall pay employees time and one-half of the regular rate of pay for any work in excess of any of the following: (1) 40 hours per workweek, (2) 12 hours per workday, or (3) 12 consecutive hours without regard to the starting and ending time of the workday (excluding meal periods), whichever calculation results in the greater payment of wages."
How the 12 Consecutive Hours Rule Protects Cross-Midnight Shifts
Colorado is one of the only jurisdictions in the nation to explicitly enforce overtime after 12 consecutive hours of work spanning across calendar workdays. In many 24-hour industries—including snowplow operations during blizzards, emergency utility restoration, hospital intensive care, and mining—shifts cross midnight.
Under standard calendar-day rules, a worker on a 14-hour continuous shift from 6:00 PM to 8:30 AM (with a 30-minute unpaid meal break) works 6 hours before midnight and 8 hours after midnight. Because neither calendar day exceeded 12 hours, a naive daily overtime engine would award zero overtime hours. Under Colorado Rule 4.1.1(3), however, the employee worked 14.00 net consecutive hours, requiring 2.00 hours of 1.5x overtime.
| Shift Scenario | Clock Times | Break | Net Hours | Colorado Overtime Trigger | Regular / OT Pay ($20/hr) |
|---|---|---|---|---|---|
| Cross-Midnight 12.5h Shift | 18:00 – 07:00 | 30 mins | 12.50 hrs | Trigger 3 (Consecutive > 12h) | 12.00 Reg ($240) + 0.50 OT ($15) = $255.00 |
| Snowplow 14.0h Shift | 18:00 – 08:30 | 30 mins | 14.00 hrs | Trigger 3 (Consecutive > 12h) | 12.00 Reg ($240) + 2.00 OT ($60) = $300.00 |
| Single Day 13.0h Shift | 06:00 – 19:30 | 30 mins | 13.00 hrs | Trigger 2 (Daily > 12h) | 12.00 Reg ($240) + 1.00 OT ($30) = $270.00 |
| Standard 44.0h Week (5x8.8h) | Daily 8.8h | 30 mins | 44.00 hrs | Trigger 1 (Weekly > 40h) | 40.00 Reg ($800) + 4.00 OT ($120) = $920.00 |
Meal Periods (Rule 5.1) and Paid Rest Periods (Rule 5.2)
Under Colorado COMPS Order #40, employee rest and meal periods are strictly codified:
- Rule 5.1 (Meal Periods): Employees are entitled to an uninterrupted, duty-free 30-minute meal period for shifts exceeding 5 hours. If work conditions make an uninterrupted meal period impractical, the employee must be permitted to consume an on-duty meal while being fully compensated at their regular rate.
- Rule 5.2 (Rest Periods): Employers must authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fraction thereof:
- Shifts up to 2 hours: 0 rest periods
- Shifts over 2 hours up to 6 hours: 1 rest period (10 minutes paid)
- Shifts over 6 hours up to 10 hours: 2 rest periods (20 minutes paid)
- Shifts over 10 hours up to 14 hours: 3 rest periods (30 minutes paid)
- Shifts over 14 hours up to 18 hours: 4 rest periods (40 minutes paid)
2026 Colorado Minimum Wage & PAY CALC Order
Effective January 1, 2026, the statewide Colorado minimum wage is $15.16 per hour under the annual PAY CALC Order. Employers operating in the City and County of Denver are subject to a higher local minimum wage of $18.81 per hour. Time card calculations reflecting rates below $15.16 generate immediate compliance warnings.
Frequently Asked Questions
Does Colorado require daily double time like California?
No. Colorado COMPS Order #40 does not have a double-time tier. All statutory daily overtime (hours over 12 in a workday) and consecutive shift overtime (hours over 12 continuous) are compensated at one and one-half times (1.5x) the employee's regular rate of pay.
What is the "whichever calculation yields the greater payment" rule?
Colorado law prohibits pyramiding (paying overtime twice on the same hours), but requires the employer to calculate total overtime under both the daily/consecutive rules and the 40-hour weekly rule, and disburse whichever total amount produces the highest gross wage for the worker.
Are agricultural or seasonal ski workers exempt from Colorado overtime?
Certain agricultural workers and seasonal ski employees possess specific statutory exemptions or modified thresholds under COMPS Order #40 Rule 2. For standard commercial, retail, healthcare, logistics, and hospitality establishments, the 40h/12h rules apply universally.
Is timesheet information kept private?
Yes. All calculations are executed 100% in your local web browser memory. Data is stored solely in local storage (wtcc_colorado_v1) and is never transmitted over the internet.