Minimum Wage $15.16 / HR
Colorado's statewide minimum wage for 2026 is $15.16 per hour. This applies to employees covered by the Colorado Overtime and Minimum Pay Standards Order, known as the COMPS Order, unless a specific exemption applies. Non-hourly workers, including salaried, piece-rate, and commission employees, still must receive at least the applicable minimum wage for all time worked.
Tipped employees may be paid a lower cash wage, with a tip credit of up to $3.02 per hour. But tips and wages combined must always reach at least $15.16. If they do not, your employer must make up the difference. Employers cannot pay you below $12.14 per hour in direct wages regardless of what you receive in tips.
Several cities in Colorado have set minimum wages above the state rate. Your employer must pay whichever rate is highest for your actual work location. Minors may be paid 15% below the state minimum in certain situations.
Overtime Laws DAILY + WEEKLY
Colorado calculates overtime daily, consecutively, and weekly. Under the COMPS Order, non-exempt employees generally earn overtime at 1.5 times the regular rate when they work more than 40 hours in a workweek, more than 12 hours in a workday, or more than 12 consecutive hours regardless of when the workday starts. A long shift can trigger overtime even when the total week stays under 40 hours.
Colorado generally requires overtime to be paid in money rather than replaced with time off for private-sector employees. Being paid a salary does not remove overtime rights unless the employee qualifies for an exemption under the applicable salary and duties tests.
The overtime rate is calculated from your regular rate, which is not simply your base hourly wage. Shift differentials, piece-rate pay, commissions, and nondiscretionary bonuses all count toward your regular rate. If your employer has been calculating overtime only on your base rate while ignoring those other forms of pay, your overtime has been undercalculated and you may be owed the difference.
Exemptions from overtime require specific job duties, not just a title or a salary. To qualify as exempt under the executive, administrative, or professional categories, an employee must both perform qualifying duties and earn at least $1,111.23 per week ($57,784 annually) in 2026. Job title alone is never enough. Many workers in Colorado are incorrectly classified as exempt and never receive overtime they have earned.
Meal & Rest Breaks MANDATED
Colorado requires both meal periods and paid rest breaks under the COMPS Order. For shifts over five hours, you must receive an uninterrupted 30-minute meal period during which you are completely relieved of all duty and free to use that time as you choose. If the nature of your work makes an uninterrupted break impractical, you must be allowed to eat while working and that time must be paid.
Paid rest breaks are also required. For every four hours of work, you must receive a 10-minute paid rest period. The number of breaks you are owed scales with your shift length: one break for shifts over two hours up to six, two breaks for over six up to ten hours, three breaks for over ten up to fourteen hours, and so on. Rest periods must be in the middle of each four-hour work period as much as possible. These are paid breaks, meaning you remain on the clock during that time.
If an employer fails to authorize and permit a required rest period, the time can become part of a wage claim. Routinely skipping, interrupting, or shortening rest breaks can add up quickly, especially when the practice continues for months or years.
Paid Sick Leave CO SPECIFIC
Colorado's Healthy Families and Workplaces Act (HFWA) requires all Colorado employers to provide paid sick leave to their employees. You earn one hour of paid sick leave for every 30 hours you work, up to 48 hours per year. This accrual starts from your first day of work. Part-time, temporary, and seasonal workers are all covered.
Paid sick leave can be used when you or a family member are sick, injured, or need a medical appointment. It can also be used when you or a family member is a victim of domestic violence, sexual assault, or harassment and needs to seek help or move to a safe location. Your employer cannot require you to find a replacement for your shift as a condition of using sick leave.
You have the right to use your accrued sick leave and return to work without negative consequences. Retaliating against an employee for using HFWA leave is illegal. If your employer has disciplined you, cut your hours, or taken any other negative action because you used paid sick leave, that retaliation is a separate violation on top of any leave issues.
Equal Pay & Wage Transparency CO SPECIFIC
Colorado's Equal Pay for Equal Work Act prohibits employers from paying employees differently based on sex or sex plus another protected characteristic for substantially similar work. Substantially similar work is determined by skill, effort, and responsibility under similar working conditions. This goes beyond job title. If you and a colleague do the same work in practice but are paid differently, that may be a violation.
Colorado also has wage-transparency rules that require covered job postings and opportunity notices to include required compensation information. These rules are designed to help workers see the pay range and benefits tied to covered roles.
Colorado employers must keep wage and hour records for each employee for at least three years, plus the duration of any related wage claim. Missing or poor records can make it harder for an employer to dispute a worker's reasonable estimate of unpaid wages.
Employee Misclassification COMMON VIOLATION
Whether you are an employee or an independent contractor depends on the actual facts of your working relationship, not what a contract or a 1099 form says. The COMPS Order is explicit about this. Employers cannot reclassify you as a contractor simply by issuing a document. If the real circumstances of your work show an employment relationship, Colorado law treats you as an employee and the full range of COMPS Order protections apply.
If your employer controls when, where, and how you work, provides your equipment, limits you to working primarily for them, and the work you do is central to their business, you are likely an employee. A misclassified worker is denied overtime, paid rest breaks, paid sick leave, and other protections that employees are entitled to under Colorado law. When these violations compound over months or years, the total owed can be significant.
Filing a Claim 3 YEAR RECORDS
Colorado workers can file wage and hour claims through the Division of Labor Standards and Statistics or pursue claims in court when the law allows. Wage claims often involve unpaid minimum wage, unpaid overtime, denied rest or meal periods, and other wage violations.
Colorado wage claims commonly have a two-year lookback, with possible extension to three years in some circumstances. Federal FLSA claims also generally have a two-year window, extended to three years for willful violations. Waiting too long can reduce the wages that can be recovered.
Gather what you can before reaching out. Pay stubs, schedules, timesheets, text messages about hours or pay, and records of breaks that were skipped or shortened are all useful. Even partial records can help build the claim.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Colorado workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.