The use of compensatory time for non-exempt employees is not allowed for employers covered under Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36. Compensatory time is defined as paid time off the job which has been earned and accrued by an employee in lieu of the appropriate wage payments for a specified pay period.
Non-exempt employees covered under the COMPS Order must be paid time and one-half of the regular rate of pay for any work in excess of forty hours per workweek, twelve hours per workday, or twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods).
- Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #36(Rule4)
- 29 Code of Federal Regulations 553.22 (FLSA Compensatory Time)
- 29 Code of Federal Regulations 553.23 (FLSA Compensatory Time)
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