Colorado Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Colorado employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Colorado
- Minimum wage
- $15.16 per hour in 2026 ($12.14 for tipped employees). Some localities set higher rates; for example, Denver's 2026 minimum wage is $19.29. Employers must pay the higher local rate where it applies. Colorado minimum wage (COMPS and PAY CALC Orders); CDLE wage and hour page and KNOWLEDGE #1
- Final paycheck if fired or laid off
- Immediately. If the payroll office is not regularly open, pay is due within 6 hours after the start of its next regular workday, or within 24 hours if the payroll office is off-site (delivered to the worksite, local office or the employee's mailing address). C.R.S. § 8-4-109(1)(a); CDLE INFO #3A
- Meal and rest breaks
- Required. A paid 10-minute rest break for every 4 hours worked, and a 30-minute meal break for workdays over 5 hours. The meal break may be unpaid only if the employee is fully relieved of duty and free to leave; COMPS Order (7 CCR 1103-1); CDLE INFO #4 and KNOWLEDGE #1
- Unused vacation / PTO payout
- Yes. Earned, unused vacation pay (including PTO that can be used for vacation) must be paid when employment ends for any reason, whether the employee is fired or quits. Policies that forfeit earned vacation are void. Colorado Wage Act (C.R.S. Title 8, Article 4); CDLE INFO #3E
Last verified: 2026-10-26
Pay
| Minimum wage | $15.16 per hour in 2026 ($12.14 for tipped employees). Some localities set higher rates; for example, Denver's 2026 minimum wage is $19.29. Employers must pay the higher local rate where it applies. Scheduled increase: $15.71 per hour ($12.69 for tipped workers) on January 1, 2027, under the annual inflation adjustment (CDLE press release, Aug. 13, 2026: https://cdle.colorado.gov/press-releases/press-release-colorado-minimum-wage-will-increase-to-1571/hour-in-2027). Denver's 2027 local rate is $19.84. |
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| Tipped minimum wage | Employers may take a tip credit of up to $3.02 per hour (a $12.14 cash wage in 2026) for employees who regularly receive at least $1.64 per hour in tips, as long as tips plus wages reach the full minimum wage. The employer must make up any shortfall. Higher local tipped minimums may apply. |
| Overtime | Time-and-a-half after 40 hours in a workweek or after 12 hours in a workday, including for employees paid by salary, piece rate or other non-hourly methods, unless an exemption applies. |
| How often you must be paid | Pay periods can be no longer than one calendar month or 30 days (whichever is longer), with paydays no later than 10 days after the pay period closes. Employers must post a notice of regular paydays. |
| Pay stubs | Required each pay period. The itemized earnings statement must show the employee's and employer's names, pay period dates, total hours worked, any credits claimed and tips, regular pay rates, gross wages, withholdings and net pay. |
Breaks and leave
| Meal and rest breaks | Required. A paid 10-minute rest break for every 4 hours worked, and a 30-minute meal break for workdays over 5 hours. The meal break may be unpaid only if the employee is fully relieved of duty and free to leave; otherwise it is paid time. |
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| Paid sick leave | Yes, for all employers regardless of size. Under the Healthy Families and Workplaces Act, employees earn 1 hour of paid leave for every 30 hours worked, up to 48 hours per year, for their own or a family member's health needs, domestic violence-related needs, bereavement, and certain closures or evacuations. Additional leave applies during a declared public health emergency. |
Leaving a job
| Final paycheck if fired or laid off | Immediately. If the payroll office is not regularly open, pay is due within 6 hours after the start of its next regular workday, or within 24 hours if the payroll office is off-site (delivered to the worksite, local office or the employee's mailing address). If the employee makes a written demand or files a complaint, unpaid wages must be paid within 14 days or penalties may apply (C.R.S. § 8-4-109(3)). |
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| Final paycheck if you quit | By the next regular payday. |
| Unused vacation / PTO payout | Yes. Earned, unused vacation pay (including PTO that can be used for vacation) must be paid when employment ends for any reason, whether the employee is fired or quits. Policies that forfeit earned vacation are void. Sick leave or other leave limited to specific needs does not have to be paid out. |
| Unemployment benefits | Apply with the Colorado Department of Labor and Employment online through MyUI+ (log in with ID.me). Request benefit payments every week through MyUI+, or your claim will close. Phone: 303-318-8000. Source: CDLE, Unemployment Insurance |
Firing, retaliation and discrimination
| Whistleblower and retaliation protection | It is illegal to retaliate against or interfere with workers who claim wage, break or leave rights; raise workplace health and safety concerns; discuss pay; engage in union or other concerted activity; or complain about violations. Some of these claims can be filed with the Division, while others must go to court. |
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| Job discrimination complaints | Colorado Civil Rights Division (CCRD). An employment discrimination complaint must be filed within 300 days of receiving notice of the discriminatory act. Start with the online intake form (CaseConnect); submitting intake information is not the same as filing a formal complaint, so start well before the deadline. Complaint process: https://ccrd.colorado.gov/complaint-process |
| Non-compete agreements | Generally void. A non-compete is allowed only for highly compensated workers (pay at or above a yearly threshold set by the state) and only to protect trade secrets; customer non-solicitation agreements are allowed for workers earning at least 60% of that threshold. Separate notice rules apply. Employers that present or try to enforce a void non-compete face a $5,000 penalty per worker, plus damages and attorney's fees. Source: C.R.S. § 8-2-113 (HB 22-1317) |
Where to get help in Colorado
- Colorado Department of Labor and Employment (CDLE), Division of Labor Standards and Statistics
- File a complaint or claim
Employment Law FAQ
What is the minimum wage in Colorado?
$15.16 per hour in 2026 ($12.14 for tipped employees). Some localities set higher rates; for example, Denver's 2026 minimum wage is $19.29. Employers must pay the higher local rate where it applies.
What is the tipped minimum wage in Colorado?
Employers may take a tip credit of up to $3.02 per hour (a $12.14 cash wage in 2026) for employees who regularly receive at least $1.64 per hour in tips, as long as tips plus wages reach the full minimum wage. The employer must make up any shortfall. Higher local tipped minimums may apply.
What are the overtime rules in Colorado?
Time-and-a-half after 40 hours in a workweek or after 12 hours in a workday, including for employees paid by salary, piece rate or other non-hourly methods, unless an exemption applies.
Are breaks required by law in Colorado?
Required. A paid 10-minute rest break for every 4 hours worked, and a 30-minute meal break for workdays over 5 hours. The meal break may be unpaid only if the employee is fully relieved of duty and free to leave; otherwise it is paid time.
When do I get my final paycheck if I'm fired in Colorado?
Immediately. If the payroll office is not regularly open, pay is due within 6 hours after the start of its next regular workday, or within 24 hours if the payroll office is off-site (delivered to the worksite, local office or the employee's mailing address).
When do I get my final paycheck if I quit in Colorado?
By the next regular payday.
Does an employer have to pay out unused PTO in Colorado?
Yes. Earned, unused vacation pay (including PTO that can be used for vacation) must be paid when employment ends for any reason, whether the employee is fired or quits. Policies that forfeit earned vacation are void. Sick leave or other leave limited to specific needs does not have to be paid out.
How often must employees be paid in Colorado?
Pay periods can be no longer than one calendar month or 30 days (whichever is longer), with paydays no later than 10 days after the pay period closes. Employers must post a notice of regular paydays.
Do employers have to give pay stubs in Colorado?
Required each pay period. The itemized earnings statement must show the employee's and employer's names, pay period dates, total hours worked, any credits claimed and tips, regular pay rates, gross wages, withholdings and net pay.
Is paid sick leave required in Colorado?
Yes, for all employers regardless of size. Under the Healthy Families and Workplaces Act, employees earn 1 hour of paid leave for every 30 hours worked, up to 48 hours per year, for their own or a family member's health needs, domestic violence-related needs, bereavement, and certain closures or evacuations. Additional leave applies during a declared public health emergency.
Is it illegal to fire someone for reporting a violation in Colorado?
It is illegal to retaliate against or interfere with workers who claim wage, break or leave rights; raise workplace health and safety concerns; discuss pay; engage in union or other concerted activity; or complain about violations. Some of these claims can be filed with the Division, while others must go to court.
Where do I file a job discrimination complaint in Colorado?
Colorado Civil Rights Division (CCRD). An employment discrimination complaint must be filed within 300 days of receiving notice of the discriminatory act. Start with the online intake form (CaseConnect); submitting intake information is not the same as filing a formal complaint, so start well before the deadline.
Are non-compete agreements enforceable in Colorado?
Generally void. A non-compete is allowed only for highly compensated workers (pay at or above a yearly threshold set by the state) and only to protect trade secrets; customer non-solicitation agreements are allowed for workers earning at least 60% of that threshold. Separate notice rules apply. Employers that present or try to enforce a void non-compete face a $5,000 penalty per worker, plus damages and attorney's fees.
How do I apply for unemployment in Colorado?
Apply with the Colorado Department of Labor and Employment online through MyUI+ (log in with ID.me). Request benefit payments every week through MyUI+, or your claim will close. Phone: 303-318-8000.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.