Colorado overtime rules for home care workers

In Colorado, overtime is time-and-a-half after 40 hours in a workweek and after 12 hours in a day. The state minimum wage is $15.16 an hour, rising to $15.71 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. Colorado's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.

What are Colorado's overtime and minimum wage rules?

Does Colorado law require overtime for agency caregivers?

Yes. Colorado's COMPS Order covers all employers and has no exemption for home care or companion workers employed by an agency, so they get 1.5 times their regular rate after 40 hours a week, 12 in a day, or 12 consecutive hours. Only the 12-hour daily rule is waived, for direct care workers on shifts of 24 hours or more at providers that get at least 75% of their revenue from Medicaid or other government sources.

Does Colorado have special rules for home care workers?

COMPS Order #40 (7 CCR 1103-1, effective 2026-02-01) requires 1.5x after 40 hours a week, 12 hours in a workday, or 12 consecutive hours. The 12-hour daily rule does not apply to direct care workers on shifts of 24 hours or more in Medicaid HCBS waiver residential or respite services at agencies with at least 75% government revenue (Rule 2.4.7); casual babysitters hired directly by households are exempt.

Can sleep time be unpaid on 24-hour shifts in Colorado?

For shifts of 24 hours or more, up to 8 hours of sleep may be excluded from overtime only with an express agreement, adequate sleeping facilities and at least 5 possible hours of sleep; on shorter shifts only actual sleep up to 8 hours may be excluded, and if interruptions prevent 5 hours of sleep the whole workday is paid.