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Wage and Hour Laws

Colorado Wage Act

The Colorado Wage Act (C.R.S. 8-4-101 et seq.) requires Colorado employers to pay employees their earned wages in a timely manner. The Wage Act is commonly referred to as the Colorado Wage Law, the Colorado Wage Claim Act, or the Colorado Wage Protection Act. The law addresses deductions from wages, vacation, commissions, bonuses, final pay, pay periods and paydays, and pay statements.

Colorado Overtime &, Minimum Pay Standards (COMPS) Order #39

For 2023, the Colorado state minimum wage rate is $14.42. The Colorado Overtime &, Minimum Pay Standards (COMPS) Order #39 regulates overtime, minimum salaries for certain exempt employees, meal and rest periods, tips and gratuities, uniforms, and record-keeping for all employees unless specifically exempted by employers. 

Wage Theft Transparency Act (HB17-1021)

The Wage Theft Transparency Act makes public all final determinations from the Division of Labor Standards and Statistics where an employer has been found in violation of Colorado wage and hour law. View the Wage Transparency Decisions.

Direct Investigations

The Division of Labor Standards and Statistics may conduct employer-wide direct investigations of potential violations of Colorado wage and hour law. If you would like to submit a tip please email the Division at cdle_di_tips@state.co.us. If you would like to file an individual claim for unpaid wages, you must fill out a Wage and Hour Complaint Form. To appeal a direct investigation citation or one or more Notices of Assessment, an alleged employer may submit a Direct Investigation Appeal Form. 

Division of Labor Standards and Statistics Authority

The Colorado Division of Labor Standards and Statistics has the authority to conduct an inquiry into allegations of violations of Colorado Wage Law.

Pursuant to Colorado Revised Statute 8-4-101(14)(a) "Wages" or "compensation" means:

(I) All amounts for labor or service performed by employees, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same or whether the labor or service is performed under contract, subcontract, partnership, subpartnership, station plan, or other agreement for the performance of labor or service if the labor or service to be paid for is performed personally by the person demanding payment. No amount is considered to be wages or compensation until such amount is earned, vested, and determinable, at which time such amount shall be payable to the employee pursuant to this article.
(II) Bonuses or commissions earned for labor or services performed in accordance with the terms of any agreement between an employer and employee,
(III) Vacation pay earned in accordance with the terms of any agreement. If an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.
(IV) "Paid sick leave" as provided in part 4 of article 13.3 of this title 8.

(b) "Wages" or "compensation" does not include severance pay.

Partial list of payment issues the Division may review

  • Bounced Checks
  • Bonuses and commissions
  • Compensatory (Comp) Time
  • Deductions from Pay
  • Final Pay
  • Methods of payment
  • Overtime
  • Pay periods, statements, and paydays
  • Piece-rate
  • Tipped Employee Wages
  • Vacation pay

Issues that do not fall under the Division's authority

  • Bankruptcy and insolvency
  • Holiday pay/leave
  • Jury duty
  • Retirement plans
  • Severance pay
  • Wages earned outside the state of Colorado

References

Contact Us

Colorado Division of Labor Standards and Statistics| 303-318-8441 | Contact Us