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Wage and Hour law governs the rules related to employee pay, work hours, overtime, breaks, and record-keeping requirements. In Colorado, both federal and state laws set forth minimum standards that employers must follow. These laws are designed to ensure that workers are treated fairly and compensated properly for their labor. Colorado has its own set of regulations, which often provide higher standards or broader protections for workers compared to federal law.
There are many situations where you may need legal assistance with a Wage and Hour issue in Colorado. If you believe your employer is not paying you the minimum wage, is failing to pay overtime, is not providing required breaks, or is misclassifying you as exempt from overtime, legal advice can be critical. You may also need a lawyer if your employer withholds wages, retaliates against you for asserting your rights, or if workplace policies are confusing or seem unfair. An attorney can help you understand your rights, gather evidence, try to resolve issues with your employer, or represent you in claims with state or federal agencies or in court.
Colorado’s Wage and Hour laws are guided by the Colorado Overtime and Minimum Pay Standards Order (COMPS Order), the Colorado Wage Act, and other state statutes. In 2024, the minimum wage is set at $14.42 per hour, with higher rates in some localities like Denver. Overtime is typically required after 40 hours per week, 12 hours per workday, or 12 consecutive hours, whichever yields more pay. Colorado law mandates meal and rest breaks for certain employees. Employers must issue pay statements, keep payroll records, and comply with final paycheck rules upon separation. These laws cover most employees, but certain exemptions apply. State requirements often exceed federal standards, so Colorado employees may be entitled to greater protections than under federal law alone.
As of January 1, 2024, the standard minimum wage in Colorado is $14.42 per hour. Some cities like Denver have set a higher minimum wage, so check your local rate.
Yes. Most employees must be paid overtime at one and a half times their regular rate after 40 hours in a week, 12 hours in a day, or 12 consecutive hours, whichever outcome pays the most.
Most employees are entitled to one paid 10-minute rest break for every four hours worked and a 30-minute unpaid meal break if their shift exceeds five consecutive hours. There are exceptions and details based on industry and role.
Start by bringing the issue to your employer’s attention in writing. If the issue is not resolved, you may file a wage complaint with the Colorado Division of Labor Standards and Statistics or consult an employment lawyer.
If you are fired, laid off, or otherwise involuntarily separated, you should receive your final paycheck immediately if possible, or within 24 hours. If you quit, it is due on the next regular payday.
Employers may only make specific legal deductions, such as taxes or court-ordered withholdings. Any other deductions generally require your written authorization. Unlawful deductions can be reported.
Not all salaried employees are exempt from overtime. Exemption depends on specific job duties, salary level, and compliance with both federal and state criteria. Misclassification is common and can be challenged.
Generally, the statute of limitations is two years from when the wages were due, or three years in cases involving willful violations.
It is illegal for employers to retaliate against employees for asserting their wage and hour rights, such as making a complaint or participating in an investigation. Retaliation can be grounds for further legal action.
The Colorado Division of Labor Standards and Statistics enforces state wage laws, while the U.S. Department of Labor's Wage and Hour Division handles federal matters. Both agencies can investigate complaints.
There are several resources available to help with Wage and Hour issues in Colorado:
If you believe your rights under Wage and Hour laws have been violated in Colorado, gather any relevant documentation, such as pay stubs, time records, and written communication with your employer. Consider contacting your employer directly to address simple mistakes. For unresolved issues, research whether to file a claim with the Colorado Division of Labor Standards and Statistics or the U.S. Department of Labor. If your situation is complex, if you face retaliation, or if you are unsure of your eligibility or rights, consult with a qualified employment attorney. Many lawyers offer initial consultations to help you understand your options and the best course of action for your specific case.
