StatutePayFirst punch → last punch

Colorado · agriculture · COMPS Order #40 Rule 2.3.2

Forty-eight in a week. Fifteen in a day or fifteen consecutive.

7 CCR 1103-1 COMPS Order #40 Rule 2.3.2 (adopted 8 Dec 2025, effective 1 Feb 2026) for agricultural employees of agricultural employers: exempt from Rule 4 weekly 40 and daily/consecutive 12 at 1.5×, provided weekly 1.5× after 48 hours (or 56 in a highly seasonal peak week) and, when a workday exceeds 15 hours or 15 consecutive hours of the work period, an additional lump-sum of one hour at the 2026 Colorado minimum wage $15.16. Five 10-hour farm days are 48 regular + 2 overtime here; under general COMPS they are 40 + 10; under CO ski they are 50 regular; under NY farm they are 50 regular. Punches minus unpaid lunch are hours worked.

Read the order: weekly 48 (56 peak), not daily 12 at 1.5×

Fetched official CDLE COMPS Order #40 PDF (adopted 8 Dec 2025, effective 1 Feb 2026), the SOS 7 CCR 1103-1 reprint, the SOS 2026 PAY CALC Order ($15.16 full Colorado minimum wage), the CDLE Labor Rules hub, and the CDLE agricultural labor page (COMPS and PAY CALC PDFs HTTP 200; ag hub WebFetch 200). Rule 2.3.2(A):

Agricultural employees of agricultural employers are exempt from both the 40-hour weekly and the 12-hour daily overtime pay requirements in Rule 4.1.1, provided that such employees receive the following.

(1) Weekly overtime pay, at one and one-half times their regular rate of pay … (a) at a highly seasonal agricultural employer … after 56 hours worked per workweek during [designated peak labor period(s)] … and (ii) otherwise after 48 hours worked per week; and (b) at an agricultural employer that is not highly seasonal … after 48 hours worked per workweek as of January 1, 2025.

(2) … (a) in lieu of 12-hour daily overtime pay under Rule 4.1.1, 30 minutes for the third Rule 5.2 paid rest period (rather than 10 minutes …); and (b) for a workday with more than 15 hours of work, or for more than 15 consecutive hours of work (as provided by Rule 4.1.5) without regard to the start and end time of the workday, an additional lump-sum payment equal to one hour of the Colorado minimum wage, as specified for the applicable year in the PAY CALC Order.

Rule 4.1.5 lets a Rule 5.1 meal drop out of consecutive 15 only when it is a true duty-free meal. This page counts consecutive hours of the work period (first punch → last punch of a continuous stretch, including unpaid lunch sitting inside a stay-punched-in shift). Clocking out for a meal breaks consecutive time. The 30-minute third rest in Rule 2.3.2(A)(2)(a) is the in-lieu-of daily-12 rest mandate — not extra 1.5× overtime here. Missed-rest 10-minute wages stay on /colorado-overtime/. Check the peak-week box only when the workweek is one of the employer’s designated Rule 2.3.2(C) peak weeks (disclosure and written notice required). Range workers, family-owner relatives, livestock decision-making managers, and Rule 2.3.2(F) employers drawing at least 50% of dollar volume from sales to the consuming public are out of scope.

16h day 05:00–21:00 @ $20 → 16 regular ($320) + $15.16 lump = $335.16. General COMPS: 12 regular + 4 OT ($360).
Five 10-hour days @ $20 → 48 regular + 2 weekly OT ($1,020). General COMPS: 40 + 10 ($1,100). CO ski: 50 regular ($1,000). NY farm: 50 regular ($1,000).
Same five 10-hour days in a peak week → 50 regular ($1,000).
Six 10-hour days @ $20 → 48 regular + 12 weekly OT ($1,320). Peak week: 56 + 4 ($1,240).
Overnight 18:00–10:00 @ $20 → 16 regular ($320) + $15.16 lump = $335.16. CO ski: 12 regular + 4 OT ($360).
Stay-punched-in 05:00–20:30 lunch 30 @ $20 → 15h worked / 15.5h consecutive → 15 regular + $15.16 lump ($315.16).

In scope

  • Rule 2.3.2: weekly 1.5× after 48, or 56 in a highly seasonal peak week
  • Lump-sum 1 hour at 2026 CO MW $15.16 if workday >15h or consecutive >15h
  • No daily/consecutive 12 at 1.5× (in lieu of that: 30-min third rest, not computed as OT)
  • Punch-in/out + unpaid lunch (overnight harvest midnight cut)

Out of scope

  • General COMPS 12/12/40 + rest 10-min (/colorado-overtime/)
  • Ski Rule 2.4.3 12/12 no weekly 40 (/colorado-ski-overtime/)
  • NY farm 52 + rest-day (/new-york-farm-overtime/)
  • Range workers, family-owner relatives, livestock decision-making managers, Rule 2.3.2(F) retail-to-public
  • SB 26-121 weekly-56 rewrite (effective 1 Jan 2027, not this page)

FAQ

When does Colorado agricultural overtime start under COMPS Rule 2.3.2?

COMPS Order #40 Rule 2.3.2 (7 CCR 1103-1, effective 1 February 2026): agricultural employees of agricultural employers are exempt from Rule 4 weekly 40 and daily/consecutive 12 at 1.5× if they receive weekly 1.5× after 48 hours (56 in a highly seasonal peak week) and, for a workday over 15 hours or over 15 consecutive hours, an additional lump-sum equal to one hour of the Colorado minimum wage ($15.16 in 2026, PAY CALC Rule 1.2.1(A)).

Is this the same as the general Colorado COMPS overtime calculator?

No. /colorado-overtime/ is Rule 4.1.1: 1.5× after 40/week, 12/workday, or 12 consecutive — pay the greater. Five 10-hour farm days here are 48 regular + 2 weekly overtime; on that page they are 40 regular + 10 weekly overtime. A 13-hour day here is all regular; on that page it is 12 regular + 1 overtime. Ski-industry 12/12 with no weekly 40 is /colorado-ski-overtime/.

Is this New York farm overtime after 52?

No. /new-york-farm-overtime/ is DOL 2026 after 52 hours plus rest-day 1.5×. This page is Colorado COMPS Rule 2.3.2: weekly 48 (or 56 peak) plus a 15-hour / 15-consecutive lump-sum at Colorado minimum wage. No rest-day line.

Does a 16-hour harvest day pay daily overtime at 1.5×?

No. Rule 2.3.2 drops daily/consecutive 12 at 1.5×. The daily extra is a lump-sum of one hour at the 2026 Colorado minimum wage $15.16 when the workday exceeds 15 hours or consecutive hours of the work period exceed 15 (first punch → last punch of a continuous stretch, including unpaid lunch when stay-punched-in). The 30-minute third rest in lieu of daily-12 1.5× is a rest mandate, not extra 1.5× overtime on this page.