Millions Recovered
For Unpaid Workers
Colorado has unique overtime protections that go beyond federal law. Under the COMPS Order #42, you're entitled to overtime after 12 hours in a single day or 12 consecutive hours—not just 40 hours per week. Colorado also has a higher exempt salary threshold ($57,784/year vs. $35,568 federal) and mandatory rest breaks.
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Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Colorado is one of only a few states with daily overtime requirements. Under COMPS Order #42, you earn overtime after 12 hours in a single day, 12 consecutive hours, or 40 hours in a week. Colorado also requires a salary of $57,784/year to be classified as exempt—significantly higher than the federal $35,568 threshold. If your employer hasn't followed these rules, you may be owed significant back pay.
| Provision | Colorado Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Minimum Wage | $15.16/hr (statewide 2026) | $7.25/hr | Colorado (2x higher) |
| Tipped Minimum Wage | $12.14/hr statewide; $16.27/hr Denver | $2.13/hr (tip credit $5.12) | Colorado (6x higher!) |
| Denver Minimum Wage | $19.29/hr (2026) | $7.25/hr | Denver (nearly 3x higher) |
| Daily Overtime | After 12 hours/day | Not required | Colorado (unique protection!) |
| 12 Consecutive Hours | OT required even if spans 2 days | Not required | Colorado only |
| Weekly Overtime | After 40 hours/week | After 40 hours/week | Same (1.5x after 40 hrs) |
| Exempt Salary Threshold | $57,784/year ($1,111.23/week) | $35,568/year ($684/week) | Colorado (62% higher!) |
| Rest Breaks | 10 min paid every 4 hours | Not required | Colorado only |
| Statute of Limitations | 2-3 years | 2-3 years | Similar (both options available) |
| Portal-to-Portal (Compensable Time) | COMPS Order defines "time worked" broadly | Integral & indispensable test | Both protect workers |
COMPS Order #42, Rule 4.1.1
Colorado requires overtime (1.5x) when you work:
Many employers ignore daily OT rules. If you regularly work 13-14 hour shifts, you may be owed significant back pay.
COMPS Order #42, Rule 2.5
Colorado's exempt salary threshold is $57,784/year (2026)—62% higher than federal. You must ALSO:
Workers earning $40,000-$57,000 who are classified as exempt under federal rules may still be owed overtime under Colorado law.
COMPS Order #42, Rule 1.9 (Time Worked)
Colorado's COMPS Order broadly defines compensable "time worked" to include:
Ski industry workers, warehouse employees, and healthcare workers often have portal-to-portal claims in Colorado.
COMPS Order #42, Rule 5.2
Colorado requires a 10-minute paid rest break for every 4 hours worked:
If you're regularly denied rest breaks, you may have a claim for break penalties.
C.R.S. 8-6-109
Colorado has multiple minimum wage rates:
Denver workers are entitled to nearly 27% more than the state minimum. Make sure you're being paid the correct rate.
COMPS Order #42, Rule 3.3
Colorado allows only a $3.02/hr tip credit (vs. $5.12 federal). Violations include:
Colorado's limited tip credit means servers, bartenders, and delivery workers have strong protections.
Colorado ski resorts and mountain recreation:
Hospitals, nursing homes, and home health:
Denver/Boulder tech corridor:
Commercial and residential building:
Denver's thriving food scene:
Energy sector across Colorado:
Under Colorado law, you can recover all unpaid wages including: regular hourly pay, weekly overtime (after 40 hours), daily overtime (after 12 hours), and minimum wage shortfalls. The daily overtime rule often dramatically increases recovery amounts for workers with long shifts.
Under C.R.S. 8-4-122, if your employer willfully failed to pay wages, you may recover penalties up to 125% of the amount owed. This can significantly increase your total recovery beyond just the unpaid wages themselves.
If your employer denied required 10-minute rest breaks, you may be entitled to compensation for each missed break. With 2-3 breaks per day over months or years, these claims can add up to significant amounts.
Under Colorado law, prevailing employees may recover reasonable attorney's fees. For smaller claims, the Colorado DLSS can investigate wage claims administratively. Effective July 1, 2026, the DLSS jurisdiction increases to claims up to $13,000 per employee (up from $7,500), making it easier to pursue claims without litigation.
Example: Healthcare worker doing 13.5-hour shifts 3x/week
1.5 hours of daily OT (above 12-hr threshold) × 3 days × 52 weeks × 2 years = 468 hours of unpaid OT
At $30/hr base with 1.5x OT rate ($45/hr): $21,060 in recoverable wages
Colorado's COMPS Order #42 provides protections that go far beyond federal FLSA requirements. The combination of daily overtime, higher exempt thresholds, and mandatory rest breaks makes Colorado one of the best states for worker protections.
While Paul M. Botros is licensed in Texas and Florida, we successfully help Colorado workers recover unpaid wages through our network of experienced Colorado employment attorneys. We partner with skilled local counsel who understand COMPS Order #42 and Colorado's unique daily overtime rules.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.