Paying Overtime for Assisted Living Communities in Colorado

Below is some information about the overtime rules for the State of Colorado. For a more detailed explanation please you can listen to a recorded session by visiting our Online Training Page.

First, a clarification re: the 8/80 exemption. The 8/80 regulations state that the employer must pay overtime to employees if they work more than 8 hours in a day (“daily overtime”) and 80 hours in a 14 day period (“80-hour overtime”). There was a question that was asked regarding whether you have to pay double overtime if both “daily overtime” and “80-hour overtime” accrued. The regulations allow an employer to take a credit for overtime paid when an employee works over 8 hours per day when determining whether overtime must be paid for hours over 80. The best way to explain this is through the use of examples and illustrations.

1. Employee A works Monday through Friday, working five 9 hour shifts. The next week, the employee works Monday through Friday, working five 7 hour shifts. This totals 80 hours in the 14 day period. The employee is due 5 hours of overtime (because of the “daily overtime”).


2. Employee B works Monday through Saturday, working six 8 hour shifts. The next week, the employee works Monday through Saturday, working six 8 hour shifts. This totals 96 hours in the 14 day period. The employer is obligated to pay 16 hours of overtime (because of “80-hour overtime”).


3. Employee C works Monday through Saturday, working five 8 hour shifts, and one 9 hour shift. The employee works Monday through Thursday, working four 8 hour shifts. This totals 81 hours in the 14 day period. The employee is only due 1 hour of overtime. (Both “daily overtime” and “80-hour overtime” have accrued, but the payment of “daily overtime” is attributable towards the “80-hour overtime” under the regulations. This prevents paying double overtime.)


4. Employee D works Monday through Saturday, working six 9 hour shifts. The next week, the employee works Monday through Friday, working five 8 hour shifts. This totals 94 hours in the 14 day period. The employee is due 14 hours of overtime. (Again, both “daily overtime” and “80-hour overtime” have accrued, but the payment of “daily overtime is attributable towards the 80-hour overtime” under the regulations. Six hours of “daily overtime” accrued, and a total of 14 hours of “80-hour overtime” accrued. The employer is NOT required to pay 20 hours of overtime, only the 14 total hours since the payment of “daily overtime” is attributable to the “80-hour overtime.”)


Second, a clarification regarding Colorado rules relating to overtime. As noted in the presentation, an employer must pay for overtime if the employee works over 12 hours per day or shift, or 40 hours per week. A question was asked whether this applied where the employer takes advantage of the sleep time credit. The employer still must pay overtime for hours over 12 in a single shift, but may take a credit of up to 8 hours for sleep time if all the requirements are met.

Additional Resources

Finally, you asked for good websites for information. I would definitely suggest the United States Department of Labor Wage and Hour Division website (www.dol.gov/whd). The most helpful link would be the fact sheets (http://www.dol.gov/whd/fact-sheets-index.htm). Indeed, there is one fact sheet specifically for Nursing Care Facilities which may address some of the issues (http://www.dol.gov/whd/regs/compliance/whdfs31.pdf).

In addition, I would look to the Colorado Department of Labor website (http://www.colorado.gov/cs/Satellite/CDLE-Main/CDLE/1240336821467), and more specifically their Wage and Hour Division (http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305236). This provides links and information on the Colorado Wage Act and the Colorado Minimum Wage Orders which provides information relating to minimum wage, overtime, and the like.


For a more detailed explanation please you can listen to a recorded session by visiting our Online Training Page.

Richard W. Castleton

Smith & Downey, P.A.

8310 South Valley Highway, Suite 300

Englewood, Colorado 80112

(303) 359-0378 DIRECT

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