Colorado Salaried Exempt Thresholds & FLSA Duty Tests
Minimum annual salary requirement of $55,000/yr ($1,058/wk), FLSA 29 C.F.R. § 541 duty tests, and misclassification rules under 7 CCR 1103-1 COMPS Order #39.
Interactive Colorado Salary Exemption Audit Tool
Instant 30-second check: Are you legally entitled to 1.5x overtime?
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If your salary is under $55,000, your employer may owe you back overtime pay.
Federal FLSA vs Colorado Exemption Matrix (2026)
Where state law grants greater protection or higher salary thresholds than federal standards, state law supersedes federal FLSA regulations under 29 U.S.C. § 218(a).
| Compliance Standard | Federal FLSA Floor | Colorado Statutory Mandate |
|---|---|---|
| Annual Minimum Salary | $43,888 / yr | $55,000 / yr |
| Weekly Minimum Salary | $844 / wk | $1,058 / wk |
| Primary Duties Test | 29 C.F.R. § 541 (Exec/Admin/Prof) | 7 CCR 1103-1 COMPS Order #39 Duties Rule |
| Overtime Rate if Below Threshold | 1.5x Regular Rate | 1.5x Regular Rate (+ Daily OT) |
The Mandatory Two-Part Exemption Test in Colorado
Paying an employee a fixed salary does NOT automatically disqualify them from overtime pay. In Colorado, an employer MUST satisfy both statutory prongs under 29 C.F.R. § 541 and 7 CCR 1103-1 COMPS Order #39:
Salary Threshold Test
Employee must earn at least $55,000 annually ($1,058/wk) on a true, non-deductible salary basis.
Primary Duties Test
Actual daily work must consist primarily of executive leadership, administrative judgment, or specialized professional knowledge (not routine labor).
FLSA & State Duty Exemptions Breakdown
Audit Your Colorado Salary Exemption & Overtime Rights
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