Colorado Employment Law — full calculator

Frequently Asked Questions

• What are Colorado's overtime rules?

  Colorado requires overtime pay (1.5× the regular rate) for hours worked beyond 40 per workweek OR beyond 12 hours in a single workday — whichever produces more overtime pay for the employee. This daily overtime threshold is stricter than the federal FLSA, which only requires overtime after 40 weekly hours. Source: COMPS Order #39 (7 CCR 1103-1), as of 2026.

• When must a Colorado employer issue a final paycheck after firing an employee?

  Colorado law requires immediate payment of all earned wages at the time of discharge. If the employer's payroll unit is offsite, wages may be paid within 24 hours — but the default rule is immediate. This is stricter than federal law, which sets no specific deadline. Source: C.R.S. § 8-4-109, as of 2026.

• When must a Colorado employer pay wages to an employee who quits?

  When an employee voluntarily resigns, all earned wages must be paid by or on the next regular payday. Source: C.R.S. § 8-4-109(1)(b), Colorado Wage Act, as of 2026.

• Are non-compete agreements enforceable in Colorado?

  Colorado significantly limits non-compete covenants under C.R.S. § 8-2-113 (amended 2022). A non-compete agreement is enforceable only against employees earning at least $130,014 per year (2026 threshold). Customer non-solicitation agreements have a lower threshold of $78,008.40 per year. Both types must also protect legitimate trade secrets and be narrowly tailored.

• Does Colorado require meal and rest breaks?

  Yes. Under COMPS Order #39, employers must provide: (1) a 30-minute unpaid, uninterrupted meal break for any shift over 5 hours; and (2) a 10-minute paid rest break for every 4 hours worked or major fraction thereof. The federal FLSA does not require either type of break.

• Does Colorado have mandatory paid sick leave?

  Yes. Colorado's Healthy Families & Workplaces Act (HFWA, C.R.S. § 8-13.3-401) requires all employers to provide 1 hour of paid sick leave for every 30 hours worked, up to 48 hours per year. Unused leave carries over up to 48 hours annually. There is no equivalent federal mandate.

• What is the Colorado minimum wage in 2026?

  The Colorado minimum wage for 2026 is $15.16 per hour — more than double the federal floor of $7.25/hr. Tipped employees must receive at least $12.14/hour in direct wages, with a tip credit of $3.02/hour, provided that tips bring total compensation to at least $15.16/hour. Source: PAY CALC Order 2026 (7 CCR 1103-14).

• Can a Colorado employer average overtime hours across two workweeks?

  No. Colorado, like federal law, prohibits averaging overtime and non-overtime workweeks. Each workweek stands alone. An employer cannot offset 50 hours in week one with 30 hours in week two to avoid paying overtime.

• How do Colorado's employment laws compare to federal FLSA?

  Colorado's rules are consistently more protective for workers: it adds a daily overtime threshold (12 hrs/day), sets specific final-paycheck deadlines, mandates meal and rest breaks, requires paid sick leave, restricts non-compete agreements to high earners, and sets a minimum wage more than double the federal floor. Colorado law applies wherever it provides greater protection.

• Where can I file a wage complaint in Colorado?

  Contact the Colorado Division of Labor Standards & Statistics (DLSS) at (303) 318-8441 or file online at cdle.colorado.gov. The agency investigates unpaid wages, overtime violations, and final paycheck disputes under the Colorado Wage Act.