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Food Service & Hospitality • CO Industry Benchmark 2026 Statutory Rate Audit

Colorado Fast Food & Counter Worker Overtime & Pay Rules

Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under 7 CCR 1103-1 COMPS Order #39.

Verified Benchmark Active
CO Fast Food & Counter Worker
Statute: 7 CCR 1103-1 COMPS Order #39 | US BLS Wage Audit
State Median Rate $16.50 / hr
Weekly 40h Benchmark $660 / wk
Annual Benchmark $34,320 / yr
Overtime Threshold > 12h Daily
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2026 Verified Statute • CO Daily Overtime State (12h)

Colorado Fast Food & Counter Worker Paycheck Calculator

Statutory Authority 7 CCR 1103-1 COMPS Order #39
Min Statutory: $14.42
$
48 hrs
1 hr (Part-Time) 40 hrs (Standard) 84 hrs (Heavy OT)
9.6 hrs/day
Colorado statutory law mandates 1.5x overtime for hours worked over 12 in a single workday.
Advanced Tax & Paycheck Deductions (Optional)
Total Estimated Gross Pay
$0.00
Statutory Gross Pay (Verified against US WHD Standards)
Regular Pay (0 hrs @ 1.0x): $0.00
Overtime Pay (0 hrs @ 1.5x): $0.00
Double Time Pay (0 hrs @ 2.0x): $0.00
Est. FICA Tax (7.65%): -$0.00
Est. CO State Tax: -$0.00
Estimated Net Take-Home: $0.00
B2B Payroll Compliance

Managing payroll or shift workers in COLORADO?

Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.

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🤖 AI Direct Answer Summary

In Colorado, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $14.42/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 12 hours per day under 7 CCR 1103-1 COMPS Order #39.

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Dynamic Earnings Ratio

Visual Pay Composition Breakdown

Statutory Pay Ratio
70%
20%
10%
Regular Pay (1.0x)
$0.00
Overtime Pay (1.5x)
$0.00
Double Time (2.0x)
$0.00

FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in Colorado

Overtime Eligibility Status

Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)

FLSA Exemption Duty Notes

Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.

Min. Hourly Wage $14.42/hr
Daily Overtime (1.5x) After 12h
Tip Credit Policy Max $3.02/hr
Exempt Salary Floor $55,000/yr
Verified DOL Statutory Code

Colorado Statutory Wage & Overtime Authority

Official CO DOL Portal

Statutory Legal Citation: 7 CCR 1103-1 COMPS Order #39

Colorado COMPS Order #39 mandates daily overtime at 1.5x regular rate for hours worked over 12 in a workday or 12 consecutive hours regardless of workday boundary.

Employee Statutory Rights (CO)

  • Daily overtime pay (1.5x) for hours worked over 12 in a workday or 12 consecutive hours.
  • 30-minute meal break for shifts over 5 hours; paid 10-minute rest period for every 4 hours.
  • Paid sick leave accrual under Healthy Workplaces and Families Act (HWFA).

Employer Mandatory Obligations (CO)

  • § Pay tipped employees at least $11.40/hr direct cash wage.
  • § Include rest period penalty pay for missed 10-minute breaks.
  • § Post COMPS Order #39 poster in all employee work areas.
Frequent Compliance Questions

Colorado Statutory Wage & Overtime FAQs

What is the minimum wage in Colorado for 2026?

Under statutory citation 7 CCR 1103-1 COMPS Order #39, the 2026 minimum wage in Colorado is $14.42 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.

Does Colorado mandate daily overtime pay?

Colorado mandates 1.5x daily overtime pay for non-exempt shift hours exceeding 12 hours in a single workday under 7 CCR 1103-1 COMPS Order #39.

Can employers in Colorado take a tip credit against wage rates?

Colorado permits employers to claim a maximum tip credit of $3.02/hr against tipped staff, requiring a minimum direct cash wage of $11.40/hr.

Common Colorado Payroll Compliance Traps & Audit Penalties

Overlooking 12-consecutive-hour daily overtime rule across overnight shifts.

Failing to pay 10-minute rest breaks as compensable working time.

Using federal FLSA salary exemption threshold ($35,568) instead of CO state threshold ($55,000).

B2B Payroll Compliance

Managing payroll or shift workers in Colorado?

Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.

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$3 Billion Unpaid Wage Alert • Statutory Audit Engine

Audit Colorado Fast Food & Counter Worker Overtime & Pay

Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in Colorado.

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