Wage and Hour Law in Colorado

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The 2026 PAY CALC Order sets the full Colorado minimum wage at $15.16 per hour and provides for future annual CPI adjustments.

Following are the 2026 minimum pay and income levels and future adjustments in each cited COMPS Order rule, and/or mandated by constitutional, statutory, or rule provisions the COMPS Order implements, or from which it derives. Minimum Pay Level in COMPS Order Rule 2026 Level (Yearly Calculation) Future Annual Adjustments (A) Full Colorado minimum wage (R. 3.1) $15.16 per hour Last year’s minimum adjusted by CPI (Consumer Price Index) for Colorado (B) Amount of Colorado minimum wage that employers must pay to tipped employees (R. 1.10, 6.2.3) $12.14 per hour to the extent that adding tips raises total pay to full minimum wage $3.02 per hour below full Colorado minimum wage to the extent that adding tips raises total pay to full Colorado minimum wage

See 7 CCR 1103-14, Rule 1.2.1(A)

Primary source · Primary law

The federal minimum wage is $7.25 per hour.

Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: (1) except as otherwise provided in this section, not less than- (A) $5.85 an hour, beginning on the 60th day after May 25, 2007; (B) $6.55 an hour, beginning 12 months after that 60th day; and (C) $7.25 an hour, beginning 24 months after that 60th day;

See 29 U.S.C. § 206(a)(1)(C)

Primary source · Primary law

COMPS Order #40 requires time-and-a-half after 40 hours in a workweek or 12 hours in a workday, subject to Rule 2 exemptions and variances.

Employees shall be paid time and one-half of the regular rate of pay for any work in excess of any of the following, except as provided in exemptions or variances in Rule 2: (A) 40 hours per workweek; (B) 12 hours per workday; or (C) consecutive hours without regard to the start and end time of the workday.

See 7 CCR 1103-1, Rule 4.1.1(A)-(B)

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COMPS Order #40 requires overtime after 12 consecutive hours and permits qualifying meal periods to be subtracted from that calculation.

In calculating when 12 consecutive hours are worked for purposes of the Rule 4.1.1 requirement of overtime after 12 hours, meal periods may be subtracted, but only if the meal periods comply with the Rule 5.1 requirements for meal periods.

See 7 CCR 1103-1, Rule 4.1.5

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When multiple Colorado overtime calculations apply, the calculation resulting in the greater wage payment controls.

Whichever of the three calculations in Rule 4.1.1 results in the greater payment of wages shall apply in any particular situation.

See 7 CCR 1103-1, Rule 4.1.2

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Employees within a Rule 2.2 exemption are exempt from all COMPS Order provisions except Rules 1, 2, and 8.

The following are exempt from the COMPS Order except Rules 1 (Authority and Definitions), 2 (Coverage and Exemptions), and 8 (Administration and Interpretation).

See 7 CCR 1103-1, Rule 2.2

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Rule 2.2 separately defines qualifying administrative, executive or supervisory, and professional employee exemptions.

2.2.1 Administrative employees. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5 as specified for the applicable year in the PAY CALC Order, who directly serves an executive, and regularly performs duties important to the decision-making process of that executive. The executive and employee who serves the executive must regularly exercise independent judgment and discretion in matters of significance, with a primary duty that is non-manual in nature and directly related to management policies or general business operations. 2.2.2 Executives or supervisors. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5 as specified for the applicable year in the PAY CALC Order, who supervises the work of at least two full-time employees and has the authority to hire and fire, or to effectively recommend such action. The employee must spend a minimum of 50% of the workweek in duties directly related to supervision. 2.2.3 Professional employees. This exemption covers a salaried employee, paid at least the applicable salary in Rule 2.5 as specified for the applicable year in the PAY CALC Order, employed in a field of endeavor whose primary duty is work that requires (A) the consistent exercise of discretion and judgment, as distinguished from routine work that is mental, manual, mechanical or physical, and (B) either (1) knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, or (2) invention, imagination, originality or talent in a recognized field of artistic or creative endeavor (as opposed to routine mental, manual, mechanical or physical work, or work that primarily depends on intelligence, diligence and accuracy). The professional employee must be employed in the field in which they were trained.

See 7 CCR 1103-1, Rules 2.2.1-.3

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Rule 2.2 separately defines qualifying outside-salesperson and owner-or-proprietor exemptions.

2.2.4 Outside salespersons. This exemption covers an employee working primarily away from the employer’s place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real estate, wares, merchandise, or services. The employee must spend a minimum of 80% of the workweek in activities directly related to their own outside sales. 2.2.5 Owners or proprietors. This exemption covers a full-time employee actively engaged in management of the employer who either: (A) owns at least a bona fide 20% equity interest in the employer; or (B) for a non-profit employer, is the highest-ranked and highest-paid employee, and is paid at least the salary threshold in Rule 2.5 as specified for the applicable year in the PAY CALC Order.

See 7 CCR 1103-1, Rules 2.2.4-.5

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Rule 2.2.10 defines a total COMPS exemption for qualifying highly technical computer employees.

2.2.10 Employees in highly technical computer-related occupations. This exemption covers an employee paid a salary, or hourly compensation, in accord with Rule 2.5, and as specified for the applicable year in the PAY CALC Order, who: (A) is a skilled worker employed as a computer systems analyst, computer programmer, software engineer, or other similarly highly technical computer employee; (B) who has knowledge of an advanced type, customarily acquired by a prolonged course of specialized formal or informal study; and (C) spends a minimum of 50% of the workweek in any combination of the following duties — (1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications, (2) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications, or (3) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems.

See 7 CCR 1103-1, Rule 2.2.10

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Rule 2.2.11 exempts highly compensated employees who satisfy weekly and annual pay requirements, regularly perform an EAP duty, and primarily perform office or non-manual work.

2.2.11 Highly compensated employees. This exemption covers an employee who: (A) is paid annual wages of at least — (1) weekly, the weekly salary for the executive, professional, or administrative exemption, as specified for the applicable year in the PAY CALC Order, and CODE OF COLORADO REGULATIONS 7 CCR 1103-1 Division of Labor Standards and Statistics 11 (2) annually, two and one-quarter times the rounded annual salary for the executive, professional, or administrative exemption, as specified for the applicable year in the PAY CALC Order; (B) customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative or professional employee (as described in Rules 2.2.1-2.2.3); and (C) whose primary duty is office or non-manual work — for example, non-management production-line workers and non-management employees in maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, laborers and other employees who perform work involving repetitive operations with their hands, physical skill and energy are not exempt under this section no matter how highly paid they might be.

See 7 CCR 1103-1, Rule 2.2.11

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For 2026, the EAP salary threshold is $1,111.23 per week, a $57,784 rounded annual equivalent, and must also be sufficient for minimum wage for all workweek hours.

(D) Minimum pay for agricultural range workers (R. 2.4.9) $620.52 per week Prior year’s level adjusted by inflation (E) Executive/supervisor, administrative, or professional employees (EAP) (R. 2.5.1); certain owners or proprietors of non-profit employers (R. 2.2.5); decision-making managers at livestock employers (R. 2.4.8) $1,111.23 per week ($57,784 rounded annual equivalent); and sufficient for the minimum wage for all hours worked in a workweek Prior year’s level adjusted by inflation

See 7 CCR 1103-14, Rule 1.2.1(E)

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Qualifying doctors, lawyers, and teachers within the Rule 2.2.3 professional exemption need not receive any particular salary or hourly pay.

The Rule 2.5.1 salaries do not apply to the following professionals who are exempt from the requirement of a salary under federal wage law. (A) Doctors, lawyers, and teachers who qualify as exempt Rule 2.2.3 professional employees need not receive any particular salary or hourly pay to be exempt.

See 7 CCR 1103-1, Rule 2.5.2(A)

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Rule 2.4 fully exempts certain commissioned retail or service sales employees from overtime, retains daily but not weekly overtime for certain ski employees, and retains weekly but not daily overtime for qualifying 24-hour medical-transportation shifts.

2.4.2 Commission Sales. Sales employees of retail or service industries paid on a commission basis, provided that at least 50% of their total earnings in the pay period is derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage, are exempt from Rule 4 (Overtime). This exemption is applicable for only employees of retail or service employers who receive over 75% of their annual dollar volume from retail or service sales. 2.4.3 Ski Industry. Employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snowboarding, and those employees engaged in providing food and beverage services at on- mountain locations, are exempt from (within Rule 4) the 40-hour overtime requirement but not the requirement of overtime pay for over 12 hours that are consecutive or are within a workday. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. 2.4.4 Medical Transportation. Employees of the medical transportation industry who work 24-hour shifts are exempt from the Rule 4.1.1(B)-(C) daily (12- hour) overtime rules if they receive the required Rule 4.1.1(A) weekly (40- hour) overtime pay.

See 7 CCR 1103-1, Rules 2.4.2-.4

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Rule 2.4.6 exempts qualifying drivers and helpers from overtime and break rules when its federal-coverage, vehicle, and minimum-compensation conditions hold.

2.4.6 Drivers, and Driver’s Helpers, Subject to the Federal Motor Carrier Act (MCA). Drivers and their driver’s helpers are exempt from Rule 4 (overtime) and Rule 5 (rest and meal periods) while and to the extent that they are: CODE OF COLORADO REGULATIONS 7 CCR 1103-1 Division of Labor Standards and Statistics 17 (A) subject to the federal MCA and exempt from overtime requirements of the FLSA pursuant to 29 U.S.C. § 213(b)(1) and regulations promulgated thereunder; (B) working on MCA-covered non-passenger vehicles, or on MCA- covered passenger vehicles qualifying as commercial motor vehicles requiring a commercial driver’s license (CDL) — but not on vehicles that transport workers to and from manual work jobs (e.g., landscaping or lawn care, construction or roofing, cleaning or janitorial, or other manual labor) and do not require a CDL; and (C) paid compensation equivalent to at least 50 hours at the Colorado minimum wage with overtime, as specified for the applicable year in the PAY CALC Order, regardless of whether the pay is hourly, salaried, piece rate, or on another basis.

See 7 CCR 1103-1, Rule 2.4.6

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The daily-overtime rule does not apply to specified direct-support or direct-care workers on at least 24-hour shifts for qualifying government-funded providers.

The Rule 4.1.1(B)-(C) daily (12-hour) overtime rule does not apply to companions designated as direct support professionals/direct care workers who are scheduled for, and work, shifts of at least 24 hours providing residential or respite services and who are employed by service providers and agencies that receive at least 75% of their total revenue from Medicaid or other governmental sources, and who provide services within Medicaid home- and community-based service waivers.

See 7 CCR 1103-1, Rule 2.4.7

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Agricultural employees of agricultural employers are exempt from the general 40-hour weekly and 12-hour daily overtime rules if the separate agricultural protections are provided.

Agricultural employees of agricultural employers are exempt from both the 40-hour weekly and the 12-hour daily overtime pay requirements in Rule 4.1.1, provided that such employees receive the following.

See 7 CCR 1103-1, Rule 2.3.2(A)

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Rule 2.3.2 replaces the general weekly and daily triggers with weekly overtime at one-and-one-half times the regular rate under its agricultural schedule.

2.3.2 Overtime and Maximum Hours Protections. (A) Agricultural employees of agricultural employers are exempt from both the 40-hour weekly and the 12-hour daily overtime pay requirements in Rule 4.1.1, provided that such employees receive the following. (1) Weekly overtime pay, at one and one-half times their regular rate of pay, after 60 hours worked per workweek from November 1, 2022, through December 31, 2023, and thereafter as follows, and as listed in the summary table below:

See 7 CCR 1103-1, Rule 2.3.2(A)(1)

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In 2026, agricultural overtime generally begins after 48 weekly hours, except a highly seasonal employer may use 56 hours for up to 22 designated peak weeks.

(a) at a highly seasonal agricultural employer (defined in Rule 2.3.2(C)), (i) after 56 hours worked per workweek during any up to 22-workweek period, or any two or three periods of at least four workweeks each totaling up to 22 weeks, that the employer designates as its peak labor period(s), and (ii) otherwise after 48 hours worked per week; and (b) at an agricultural employer that is not highly seasonal, (i) after 54 hours worked per workweek in 2024, and (ii) after 48 hours worked per workweek as of January 1, 2025; except (c) at a small agricultural employer (defined in Rule 2.3.2(B) below), whether or not highly seasonal, after 56 hours worked per workweek in 2024, then whichever of (a) or (b) applies as of January 1, 2025.

See 7 CCR 1103-1, Rule 2.3.2(A)(1)(a)-(c)

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The separate agricultural overtime exemption does not apply when an employer derives at least half its annual business volume from sales to the consuming public rather than for resale.

The Rule 2.3.2 exemption does not apply if an employer draws at least 50% of its annual dollar volume of business from sales to the consuming public (rather than for resale) of any services, commodities, articles, goods, wares, or merchandise; prior Orders for decades have covered any such employer, in any industry.

See 7 CCR 1103-1, Rule 2.3.2(F)

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For covered agricultural employees, the rule substitutes a 30-minute third paid rest period for daily overtime and adds a one-hour-minimum-wage payment after more than 15 daily or consecutive hours.

(a) in lieu of 12-hour daily overtime pay under Rule 4.1.1, 30 minutes for the third Rule 5.2 paid rest period (rather than 10 minutes or any other duration under 30 minutes otherwise applicable to that rest period) — except that if the employer had no reason to believe an employee would exceed 12 hours until the twelfth hour worked, then the additional break time may be provided on the employee’s next workday; and (b) for a workday with more than 15 hours of work, or for more than 15 consecutive hours of work (as provided by Rule 4.1.5) without regard to the start and end time of the workday, an additional lump-sum payment equal to one hour of the Colorado minimum wage, as specified for the applicable year in the PAY CALC Order.

See 7 CCR 1103-1, Rule 2.3.2(A)(2)(a)-(b)

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Specified relatives of a family owner, and family owners who are employees, are exempt from all COMPS overtime requirements.

An agricultural employee is exempt from all overtime pay requirements in the COMPS Order if (by blood, adoption, or marriage) they are the child, sibling, spouse, parent, aunt, uncle, nephew, niece, first cousin, grandchild, or grandparent of a family owner of an employer. For this exemption, a “family owner” is an individual with an ownership interest in an agricultural employer that is either (a) a majority interest or (b) an at least 10% interest that combines with those of other family members of that owner (of any type of relative listed in the prior sentence) to form a majority interest. If a family owner is also an “employee” of the agricultural employer, they also are exempt from all overtime pay requirements in the COMPS Order.

See 7 CCR 1103-1, Rule 2.3.2(D)

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COMPS agricultural and general overtime rules do not apply to qualifying decision-making managers at livestock employers.

The Rule 2.3.2 and Rule 4 overtime rules do not apply to decision-making managers at livestock employers, defined as follows.

See 7 CCR 1103-1, Rule 2.4.8

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COMPS agricultural and general overtime rules do not apply to qualifying range workers who receive the required salary and facilities.

The Rule 2.3.2 and Rule 4 overtime rules do not apply to range workers who are paid at least the minimum range worker salary (as specified in the PAY CALC Order for the applicable year) during periods when they are “principally engaged in the range production of livestock . . . on the open range” (as defined by C.R.S. § 8-6-101.5(1)(b)), and are provided without cost or deduction any housing, food, transport, and equipment required for H-2A visa range workers by federal regulations.

See 7 CCR 1103-1, Rule 2.4.9

Primary source · Primary law · 2026-05-04

Beginning January 1, 2027, reenacted C.R.S. § 8-6-120 requires agricultural overtime after 56 weekly hours, with exclusions for open-range livestock workers, decision-making managers, and family members of family owners.

Beginning January 1, 2027, an agricultural employer shall pay an agricultural employee at an overtime rate for any time worked in excess of fifty-six hours in a workweek, except for an agricultural employee who is: (a) principally engaged in the range production of livestock on the open range, as described in 29 CFR 780.323 to 780.329; (b) a decision-making manager who is employed by an agricultural employer; or (c) a family member of a family owner of an agricultural employer.

See C.R.S. § 8-6-120(2), as reenacted by 2026 Colo. Sess. Laws ch. 84, § 1

Primary source · Primary law · 2026-05-04

Chapter 84 applies to time worked and contracts entered or renewed on or after its effective date and was approved May 4, 2026.

SECTION 3. Applicability. This act applies to time worked and contracts entered into or renewed on or after the effective date of this act. SECTION 4. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions. Approved: May 4, 2026

See 2026 Colo. Sess. Laws ch. 84, §§ 3-4 (approved May 4, 2026)

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When multiple wage requirements cover an employee, COMPS Order #40 preserves the requirement that provides the higher wage or otherwise sets the higher standard.

In addition to these requirements, federal, local, or other state laws or regulations may apply minimum, base, overtime, or other wage requirements to some or all Colorado employers and employees. If an employee is covered by multiple wage requirements, the requirement providing a higher wage, or otherwise setting a higher standard, shall apply.

See 7 CCR 1103-1, Rule 3.2

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A covered employee is entitled to an uninterrupted, duty-free meal period of at least 30 minutes when a shift exceeds five consecutive hours and, when practical, the period falls at least one hour after the start and one hour before the end.

Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds 5 consecutive hours. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift.

See 7 CCR 1103-1, Rule 5.1

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When an uninterrupted meal is impractical, the employee must be allowed an on-duty meal and must be fully compensated for it.

When the nature of the business activity or other circumstances make an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties. Employees shall be permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation.

See 7 CCR 1103-1, Rule 5.1

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Covered employees must receive a compensated 10-minute rest period for each four hours of work or major fraction, subject to Rule 2 exemptions and variances.

5.2 Rest Periods. Every employer shall authorize and permit a compensated 10- minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows, except as provided in exemptions or variances in Rule 2: Work Hours Rest Periods Required 2 or fewer 0 Over 2, and up to 6 1 Over 6, and up to 10 2 Over 10, and up to 14 3 Over 14, and up to 18 4 Over 18, and up to 22 5 Over 22 6

See 7 CCR 1103-1, Rule 5.2

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Required Colorado rest periods count as time worked for minimum-wage and overtime calculations.

Required rest periods are time worked for the purposes of calculating minimum wage and overtime obligations.

See 7 CCR 1103-1, Rule 5.2.3

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Failure to authorize and permit a required 10-minute paid rest period is a failure to pay 10 minutes of wages at the higher of the agreed or legally required rate.

Therefore, a failure by an employer to authorize and permit a 10-minute compensated rest period is a failure to pay 10 minutes of wages at the employee’s agreed-upon or legally required (whichever is higher) rate of pay.

See 7 CCR 1103-1, Rule 5.2.4

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When the employer ends the relationship, earned, vested, determinable, and unpaid wages are due immediately.

When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge is due and payable immediately.

See C.R.S. § 8-4-109(1)(a)

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If the payroll accounting unit is not operating, Colorado allows limited six-hour or offsite 24-hour extensions tied to the unit's next regular workday.

If at such time the employer's accounting unit, responsible for the drawing of payroll checks, is not regularly scheduled to be operational, then the wages due the separated employee shall be made available to the employee no later than six hours after the start of such employer's accounting unit's next regular workday; except that, if the accounting unit is located off the work site, the employer shall deliver the check for wages due the separated employee no later than twenty-four hours after the start of such employer's accounting unit's next regular workday to one of the following locations selected by the employer: (I) The work site; (II) The employer's local office; or (III) The employee's last-known mailing address.

See C.R.S. § 8-4-109(1)(a)

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When an employee quits or resigns, final wages are due on the next regular payday.

When an employee quits or resigns such employee's employment, the wages or compensation shall become due and payable upon the next regular payday.

See C.R.S. § 8-4-109(1)(b)

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The final-pay statute does not require payment at separation of compensation not yet fully earned under the parties' agreement.

Nothing in subsection (1) of this section shall limit the right of an employer to set off any deductions pursuant to section 8-4-105 owing by the employee to the employer or require the payment at the time employment is severed of compensation not yet fully earned under the compensation agreement between the employee and employer, whether written or oral.

See C.R.S. § 8-4-109(2)

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An employee, designated agent, or the Division may demand payment in writing or file an administrative claim or civil action.

If an employer refuses to pay wages or compensation in accordance with subsection (1) of this section or section 8-4-103 (1)(a), the employee, the employee's designated agent, or the division may send a written demand for the payment on behalf of the employee or a group of similarly situated employees or may file an administrative claim or civil action for the payment.

See C.R.S. § 8-4-109(3)(a)

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After the statutory notice and 14-day period, the default automatic penalty is the greater of twice the unpaid wages or $1,000.

Except as provided in subsection (3.5) of this section, if an employer fails or refuses to pay, in the manner specified in subsection (3)(d) of this section, all earned, vested, and determinable wages or compensation within fourteen days after a written demand is sent or within fourteen days after a civil action or administrative claim for the wages or compensation is sent to or served on the employer, the employer is liable to the employee or group of similarly situated employees for the amount of the earned, vested, determinable, and unpaid wages or compensation plus an automatic penalty of: (I) The greater of two times the amount of the unpaid wages or compensation or one thousand dollars; or (II) If the employee can show that the employer's failure or refusal to pay wages or compensation was willful, the greater of three times the amount of the unpaid wages or compensation or three thousand dollars.

See C.R.S. § 8-4-109(3)(b)

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For a willful failure or refusal to pay, the automatic penalty is the greater of three times the unpaid wages or $3,000.

Except as provided in subsection (3.5) of this section, if an employer fails or refuses to pay, in the manner specified in subsection (3)(d) of this section, all earned, vested, and determinable wages or compensation within fourteen days after a written demand is sent or within fourteen days after a civil action or administrative claim for the wages or compensation is sent to or served on the employer, the employer is liable to the employee or group of similarly situated employees for the amount of the earned, vested, determinable, and unpaid wages or compensation plus an automatic penalty of: (I) The greater of two times the amount of the unpaid wages or compensation or one thousand dollars; or (II) If the employee can show that the employer's failure or refusal to pay wages or compensation was willful, the greater of three times the amount of the unpaid wages or compensation or three thousand dollars.

See C.R.S. § 8-4-109(3)(b)(II)

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The director may waive the penalty when claimed wages are paid within 14 days after an administrative claim, but not for a second or later failure or refusal within five years.

The director may waive the penalty specified in subsection (3)(b) of this section for an employer's failure to pay claimed wages or compensation within fourteen days after a written demand if the employer pays all claimed wages or compensation within fourteen days after an administrative claim for the same wages or compensation is sent to or served on the employer. The director shall not waive the penalty if the alleged violation is a second or subsequent failure or refusal to pay an employee's wages or compensation within five years.

See C.R.S. § 8-4-109(3.5)

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Colorado's default is a pay period no longer than one calendar month or 30 days, whichever is longer, with payday within 10 days after the period closes, unless the parties mutually agree otherwise.

All wages or compensation, other than those mentioned in section 8-4-109, earned by any employee in any employment, other than those specified in subsection (3) of this section, shall be due and payable for regular pay periods of no greater duration than one calendar month or thirty days, whichever is longer, and on regular paydays no later than ten days following the close of each pay period unless the employer and the employee shall mutually agree on any other alternative period of wage or salary payments.

See C.R.S. § 8-4-103(1)(a)

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At least monthly or with each wage payment, Colorado employers must furnish a written itemized statement containing six specified categories of pay and identifying information.

Every employer shall at least monthly, or at the time of each payment of wages or compensation, furnish to each employee an itemized pay statement in writing showing the following: (a) Gross wages earned; (b) All withholdings and deductions; (c) Net wages earned; (d) The inclusive dates of the pay period; (e) The name of the employee or the employee's social security number; and (f) The name and address of the employer.

See C.R.S. § 8-4-103(4)

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Employers must keep records reflecting pay-statement information for at least three years after wages were due and provide access to the Division and, on request, the employee.

An employer shall retain records reflecting the information contained in an employee's itemized pay statement as described in subsection (4) of this section for a period of at least three years after the wages or compensation were due. The records shall be available for inspection by the division, and the employer shall provide copies of the records upon request by the division or the employee.

See C.R.S. § 8-4-103(4.5)

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For the Colorado Wage Act, an employee includes any person performing labor or services for an employer's benefit.

"Employee" means any person, including a migratory laborer, performing labor or services for the benefit of an employer.

See C.R.S. § 8-4-101(5)

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Relevant Wage Act classification factors include the employer's control and whether the person performs the employer's primary work.

For the purpose of this article 4, relevant factors in determining whether a person is an employee include the degree of control the employer may or does exercise over the person and the degree to which the person performs work that is the primary work of the employer; except that an individual primarily free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an "employee".

See C.R.S. § 8-4-101(5)

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The Wage Act's independent-contractor exclusion requires freedom from control and direction in contract and fact plus a customary independent business related to the service.

For the purpose of this article 4, relevant factors in determining whether a person is an employee include the degree of control the employer may or does exercise over the person and the degree to which the person performs work that is the primary work of the employer; except that an individual primarily free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an "employee".

See C.R.S. § 8-4-101(5)

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For 2026, the Colorado direct wage for tipped employees is $12.14 per hour when tips bring total pay to the full minimum wage.

Following are the 2026 minimum pay and income levels and future adjustments in each cited COMPS Order rule, and/or mandated by constitutional, statutory, or rule provisions the COMPS Order implements, or from which it derives. Minimum Pay Level in COMPS Order Rule 2026 Level (Yearly Calculation) Future Annual Adjustments (A) Full Colorado minimum wage (R. 3.1) $15.16 per hour Last year’s minimum adjusted by CPI (Consumer Price Index) for Colorado (B) Amount of Colorado minimum wage that employers must pay to tipped employees (R. 1.10, 6.2.3) $12.14 per hour to the extent that adding tips raises total pay to full minimum wage $3.02 per hour below full Colorado minimum wage to the extent that adding tips raises total pay to full Colorado minimum wage

See 7 CCR 1103-14, Rule 1.2.1(B)

Primary source · Primary law

The statewide tip credit is capped at $3.02 per hour, requires the PAY CALC direct wage, and requires the employer to make up any shortfall to the full minimum wage.

A statewide tip credit no greater than $3.02 per hour may be used to offset direct wages for employers of tipped employees. An employer must pay a direct wage of at least the amount specified for the applicable year in the PAY CALC Order if it claims a tip credit against its minimum hourly wage obligation; if an employee’s tips combined with the direct wage of at least the amount specified for the applicable year in the PAY CALC Order Rule 1.2.1(B) do not equal the applicable minimum hourly wage, the employer must make up the difference in direct wages.

See 7 CCR 1103-1, Rule 6.2.3(A)

Primary source · Primary law

From January 1, 2026, a locality with a higher minimum may increase its tip offset, but not below a direct wage equal to the state minimum minus $3.02.

On and after January 1, 2026, a local government that has enacted a code or ordinance that imposes a local minimum wage in an amount that exceeds the amount of the state minimum wage may increase the amount of the tip offset associated with the local minimum wage; except that a local government shall not impose a tip offset in an amount that allows a tipped employee to earn less than the state minimum wage minus three dollars and two cents.

See C.R.S. § 8-6-101(3.5)(b)

Primary source · Primary law

Colorado local governments may set a wage above state or federal law for individuals performing or expected to perform at least four hours of work in a week within the locality.

Notwithstanding any other provision of law, a local government may enact through its governing body or, when available, through its initiative or referendum powers, a law establishing minimum wages for individuals performing, or expected to perform, four or more hours of work for an employer in a given week within the geographic boundaries of the local government's jurisdiction. Minimum wages established in accordance with this section may exceed the statewide minimum wage established in accordance with section 15 of article XVIII of the state constitution, any other minimum wage established by state law, or any minimum wage established by federal law; except that a local government that enacts a minimum wage in accordance with this subsection (3) shall provide a tip offset for employees of a business or enterprise that prepares and offers for sale food or beverages for consumption either on or off the premises.

See C.R.S. § 8-6-101(3)(a)(I)(A)

Primary source · Primary law

A locality may not count time spent solely traveling through it without an employment-related or commercial stop, apart from refueling or personal meals or errands.

A local government shall not include in its minimum wage law time spent in the local government's jurisdiction by an employee solely for the purpose of traveling through the local government's jurisdiction from a point of origin outside of the local government's boundaries to a destination outside of the local government's boundaries, with no employment-related or commercial stops in the local government's jurisdiction, except for refueling or the employee's personal meals or errands.

See C.R.S. § 8-6-101(3)(a)(I)(B)

Primary source · Primary law

A county minimum wage ordinarily applies only in the county's unincorporated area, with an intergovernmental-agreement option for participating municipalities.

Except as provided in subsection (3)(c)(II) of this section, a local minimum wage adopted by a county is only enforceable within the unincorporated portion of the county. (II) One or more contiguous counties and any municipality within each county may enter into intergovernmental agreements to establish a local minimum wage law within the unincorporated portion of each county and within each municipality.

See C.R.S. § 8-6-101(3)(c)(I)-(II)

Primary source · Primary law

The amended employer definition excludes Colorado itself to the extent a state employer has a collective-bargaining agreement as to employee wages.

"Employer" does not include the state of Colorado, in accordance with section 24-50-104 (4)(d)(I), to the extent that a state employer has a collective bargaining agreement as to employee wages.

See 2026 Colo. Sess. Laws ch. 317, § 2 (amending C.R.S. § 8-6-101(4)(a)(II))

Primary source · Primary law · 2026-06-02

Chapter 317 generally took effect upon passage and was approved June 2, 2026.

SECTION 5. Effective date. This act takes effect upon passage; except that section 31-15-501 (1)(c), as amended in section 3 of this act, takes effect January 1, 2028. SECTION 6. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions. Approved: June 2, 2026

See 2026 Colo. Sess. Laws ch. 317, §§ 5-6 (approved June 2, 2026)

Primary source · Primary law

A local increase must take effect on the same date as a scheduled statewide increase, and annual local increases are capped until the locality reaches its enacted rate.

A local government that enacts a local minimum wage law pursuant to this section must specify that an increase in the local minimum wage must take effect on the same date as a scheduled increase to the statewide minimum wage required under section 15 of article XVIII of the state constitution. (7) If a local government enacts a local minimum wage law requiring a minimum wage that exceeds the statewide minimum wage, the local government may only increase the local minimum wage each year by up to one dollar and seventy-five cents or fifteen percent, whichever is higher, until the local minimum wage reaches the amount enacted by the local government.

See C.R.S. § 8-6-101(6)-(7)

Official source · Agency guidance

CDLE's 2026 table reports higher regular and tipped minimum wages in Denver, Edgewater, unincorporated Boulder County, and the City of Boulder, and explains Edgewater's 2026 tip offset.

Denver City/County | $19.29 | $16.27 | $18.81 | $15.79 | $18.29 | $15.27 | | City of Edgewater | $18.17 | 13.50* | $16.52 | $13.50 | $15.02 | $12.00 | | Boulder County(only unincorporated areas) | $16.82 | $13.80 | $16.57 | $13.55 | $15.69 | $12.67 | | City of Boulder | $16.82 | $13.80 | $15.57 | $12.55 | -- | -- | *On December 16, 2025, the City of Edgewater City Council passed Ordinance 2025-23 to increase the City’s tip offset to $4.67 per hour in 2026, as authorized by House Bill 25-1208. The result of this vote is that Edgewater’s tipped minimum wage in 2026 is $13.50.

See Colorado Department of Labor and Employment, Annual Minimum Wages (accessed Aug. 12, 2026)

Primary source · Primary law

The Division's administrative procedure covers claims up to $13,000 per employee filed from July 1, 2026 through December 31, 2027.

The director may establish an administrative procedure to receive complaints and adjudicate claims for nonpayment of wages or compensation of: (A) Seven thousand five hundred dollars or less for claims filed through June 30, 2026; (B) Thirteen thousand dollars or less for claims filed from July 1, 2026, through December 31, 2027; and (C) An amount that the director specifies in rule by January 1, 2028, and by rule for every other year thereafter.

See C.R.S. § 8-4-111(1)(a)(II)

Primary source · Primary law

Acceptance of all wages, compensation, and penalties assessed in a Division citation fully satisfies and bars another action based on that wage complaint.

Upon payment by an employer, and acceptance by an employee, of all wages, compensation, and penalties assessed by the division in a citation and notice of assessment issued to the employer, the payment shall constitute a full and complete satisfaction by the employer and bar the employee from initiating or pursuing any civil action or other administrative proceeding based on the wage complaint addressed by the citation and notice of assessment.

See C.R.S. § 8-4-111(2)(e)

Primary source · Primary law

A person aggrieved by a wage-or-hours violation may sue for all available equitable relief without exhausting administrative remedies.

In addition to other relief available to employees under this title 8, a person claiming to be aggrieved by a violation of this article 4 or any other law or rule related to wages or hours may file suit in any court having jurisdiction over the parties to pursue all available equitable relief, including equitable relief to deter future violations and prevent unjust enrichment, without regard to exhaustion of any administrative remedies.

See C.R.S. § 8-4-110(2)

Primary source · Primary law

The Wage Act does not limit a wage claimant's right to sue for wages, penalties, or other available relief.

Nothing in this article 4 limits: (a) The authority of the district attorney of any county or city and county, or a person delegated authority by a county or city and county to prosecute criminal offenses or enforce laws or ordinances related to the payments of wages, to: (I) Prosecute actions for violations of this article 4 that may come to the district attorney's or the delegated person's knowledge; or (II) Enforce this article 4 independently and without specific direction of the director; or (b) The right of any wage claimant to sue directly or through an assignee for any wages or penalty or other relief available pursuant to this article 4.

See C.R.S. § 8-4-111(8)

Primary source · Primary law

An employee paid below the applicable minimum wage may recover the shortfall plus reasonable attorney fees and court costs.

An employee receiving less than the legal minimum wage applicable to such employee is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage.

See C.R.S. § 8-6-118

Primary source · Primary law

Colorado Wage Act actions generally must begin within two years after accrual, or three years for a willful violation.

All actions brought pursuant to this article shall be commenced within two years after the cause of action accrues and not after that time; except that all actions brought for a willful violation of this article shall be commenced within three years after the cause of action accrues and not after that time.

See C.R.S. § 8-4-122