Employer pays a percentage of regular wages for driving and doesn't count driving towards overtime.

Hello!

I live in Colorado and just started working for a company earlier this year. The company pays a percentage of my normal wage for driving hours, but does not count driving time towards overtime pay. So I can work over 40 hours, but won't get overtime pay unless I am on site for more than 40 of those hours a week. Sometimes I may work for 6 hours and drive for 4, and I can work 5 of those days a week and won't get overtime for being "on the clock" for ten hours every day.

I want to know whether it's legal to not pay full wages for driving, and if you go over 40 hours with some of those being driving, whether I should be getting overtime pay?