Colorado employment law overview

Colorado has many laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, pregnancy accommodation rights, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as occupational safety. 

Select Colorado employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections

Colorado employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Colorado Anti-Discrimination Act (CADA) applies to all employers except religious organizations and associations that do not receive support from public funds. The CADA prohibits discrimination based on protected characteristics, including but not limited to: 

• Race (including hair texture, hair type and protective hairstyles commonly or historically associated with race); 
• Color; 
• Creed or religion; 
• Sex (including pregnancy); 
• Disability; 
• Age (over 40); 
• National origin; 
• Sexual orientation; 
• Gender identity or gender expression; and 
• Ancestry. 

Harassment is a form of illegal discrimination and is prohibited under the CADA. An employer may be responsible for harassment at the workplace if it knew or should have known of the conduct and failed to take immediate and appropriate remedial measures. 

The CADA regulations also prohibit retaliation against a person who opposes, reports or assists another person in opposing unlawful discrimination. 

Equal pay 

The Colorado Equal Pay for Equal Work Act prohibits discrimination on the basis of sex (alone or in combination with another protected characteristic) in the payment of wages for substantially similar work. As a defense against wage discrimination claims, an employer must be able to demonstrate that wage differentials are based on a factor other than sex such as seniority, merit, quantity or quality of production, geographic location, education, training, experience, or regular and necessary travel. The law also includes requirements for recordkeeping of wages and transparency in pay and opportunities for promotion or advancement. 

Pay transparency 

Colorado has a pay transparency law that requires certain employers to include pay information in job postings. Covered employers must include the required information in the notification of each job opportunity. 

Salary history inquiry restrictions 

Colorado’s Equal Pay for Equal Work Act prohibits employers from seeking the wage rate of a prospective employee or relying on a prospective employee’s wage rate history to determine a wage rate. In addition, employers may not discriminate or retaliate against prospective employees for failing to disclose their wage rate history or against employees for invoking the Act on anyone’s behalf or assisting in its enforcement. 

Employee wage disclosure rights 

The Wage Transparency Act prohibits an employer from taking adverse actions against employees who discuss their wages with others. An employer is also prohibited from requiring that employees not disclose their wages and from requiring an employee to sign a waiver or other document that limits the employee’s right to disclose his or her wage information. 

Pregnancy accommodation 

Colorado employers are required to provide reasonable accommodations to employees and applicants for health conditions related to pregnancy or the physical recovery from childbirth. Examples of reasonable accommodations include, but are not limited to: 

• More frequent or longer break periods; 
• More frequent restroom, food and water breaks; 
• Obtaining or modifying equipment or seating; 
• Lifting limitations; 
• Temporary transfer to a less-strenuous or less-hazardous position, if available; 
• Job restructuring; 
• Light duty, if available; 
• Assistance with manual labor; and 
• Modified work schedules. 

Breastfeeding breaks 

The Workplace Accommodations for Nursing Mothers Act generally requires an employer to provide a nursing mother with reasonable, unpaid break time or to permit the employee to use paid meal and/or rest breaks to express breast milk for her nursing child for up to two years after the child’s birth. 

An employer must make a reasonable effort to provide a room (other than a toilet stall) in close proximity to the employee’s work area where the employee can express breast milk in private. 

Access to personnel files 

Upon request, Colorado employers covered by the state’s law on personnel files must allow employees to inspect and copy their own personnel files at the employer’s office at least annually, at a time convenient to both the employer and the employee. 

Former employees may inspect their personnel files only once after their employment has been terminated. 

Whistleblower protections 

It is unlawful for a state agency or private enterprise under contract with a state agency to discipline an employee because the employee disclosed certain information in writing to or by testimony before any state legislature committee. Colorado also provides whistleblower protections to workers during a public health emergency through its Public Health Emergency Whistleblower Law. 

Scheduling 

Colorado does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Colorado employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Colorado’s Employment Opportunity Act provides that certain employers may not use consumer credit information for employment purposes subject to certain limited exceptions. The law’s protections apply to both job applicants and employees. Certain employers and positions are exempt from these provisions, including: 

• Banks or financial institutions; 
• Employers required by law to obtain such information; 
• Some high-ranking executive or management personnel and their professional staff; and 
• Positions involving contracts with defense, intelligence, national security or space agencies of the federal government. 

Ban the Box and Fair Chance 

The Colorado Chance to Compete Act, prohibits an employer from: 

• Advertising that a person with a criminal history may not apply for a position; 
• Stating on an employment application, including an electronic application, that a person with a criminal history may not apply for a position; or 
• Inquiring into, or requiring disclosure of, an applicant’s criminal history on an initial written or electronic application form. 

The law applies to all employers in the state. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Colorado. 

Wage and hour 

Colorado employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Colorado’s minimum wage is $15.16 per hour. There are exceptions to the minimum wage rate (e.g., minors who are not emancipated may be paid at a lower rate) and a separate minimum wage rate exists for tipped employees. 

Overtime 

Colorado overtime law requires an employer to pay nonexempt employees one-and-one-half times their regular pay rate for any work in excess of: 

• 40 hours per workweek; 
• 12 hours per workday; or 
• 12 consecutive hours without regard to the starting and ending time of the workday (excluding meal periods where the employee was completely relieved of his or her duties) whichever calculation results in the higher payment of wages. 

Meal and rest breaks 

Colorado law requires an employer to provide employees with an uninterrupted meal period of at least 30 minutes for shifts exceeding five consecutive hours of work. The break may be unpaid if the employee is relieved of all job duties. 

If a 30-minute uninterrupted meal period is impractical, the employer must permit the employee to eat a full meal while working, without any loss of time or compensation. 

An employer must also provide employees with a 10-minute paid rest break for each four hours worked. If practicable, breaks should be scheduled in the middle of the work period. 

Child labor 

Child labor laws in Colorado restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under the age of 18 are covered by the Colorado Youth Employment Opportunity Act (CYEOA), which prohibits minors from working in hazardous occupations such as manufacturing, transporting or storing of explosives and the operation of certain power-driven machinery. There are exceptions to the prohibition of hazardous occupations in the case of minors who are at least 14 years old and who are working in certain approved educational, training, or apprenticeship programs. 

With some exceptions, minors under the age of 16 may not work: 

• On school days and during school hours, except as provided by a school release permit; 
• More than six hours after school hours, unless the next day is not a school day; and 
• Between 9:30 p.m. and 5:00 a.m., unless the next day is not a school day (except for baby-sitters, actors, models or performers). 

Minors under the age of 18 generally may not work more than: 

• Forty hours in a week; or 
• Eight hours in any 24-hour period, except in the case of certain approved emergencies. 

Pay and benefits 

Colorado employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Wages must be paid in cash, or by check payable upon demand without discount in cash. Wages may be paid by direct deposit or electronic paycard under certain circumstances. 

Pay frequency and lag time 

Employees must be paid on regular paydays at least once a month or every 30 days, whichever is longer. Paydays must occur no later than 10 days following the close of each pay period. 

Pay deductions 

A Colorado employer may make deductions from an employee’s wages if required by state or federal law or court order, with the employee’s written authorization or for other permissible reasons, including but not limited to retirement or health plan contributions, union dues, creditor garnishments and tax levies. 

Pay statements 

An employer must provide pay statements to each employee at least monthly, or when they are paid, that include the following information: 

• Employer’s name, address and telephone number; 
• Employee’s name or Social Security Number; 
• Gross wages earned; 
• Amount and purpose of each deduction; 
• Net wages earned; 
• Total hours worked; 
• Regular and overtime hours; 
• Straight time; 
• Overtime pay; 
• Allowances claimed as part of the minimum wage; 
• Pay date and the beginning and ending dates of the pay period; 
• Pay rate(s) and the basis for the rate(s), including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other basis including overtime rate(s) of pay; and 
• For piece rate employees, the applicable rate(s) and the number of pieces completed at each rate. 

Wage theft 

Under the Colorado Wage Theft Transparency Act, an employer commits wage theft if it willfully refuses to pay wages or other forms of compensation due to an employee, or falsely denies the amount or validity of a wage claim, with the intent not to pay or to underpay the amount due or with the intent to annoy, harass, oppress, hinder, coerce, delay, or defraud the person to whom the wages or compensation are due. 

In addition, payment of less than the minimum wage constitutes theft, with the amount of the wage theft being the unpaid balance of the full amount of the minimum wage due to the worker. 

Health care continuation 

Colorado group health policies issued to all employers, regardless of size, generally must include the option for employees and their covered dependents to elect continuation coverage in the event of the employee’s termination, reduction in hours, death or divorce. Continuation coverage generally lasts up to 18 months. 

Temporary disability insurance 

Colorado does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of Aabsence 

Colorado employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

The Colorado Family Care Act (FCA) requires a Colorado employer covered by the FMLA to provide eligible employees with leave similar to FMLA leave to care for a domestic or civil union partner who has a serious health condition. 

Under the FCA, an employee is eligible for leave if he or she is eligible for federal FMLA leave with regard to length of employment and hours worked, and is either: 

• In a civil union under Colorado law; or 
• In a domestic partnership that is:
  • Registered within the person’s municipality where they reside or with the state; or 
  • Recognized by the employer. 

In addition, Colorado has a paid family and medical leave insurance (FAMLI) program, funded through employer and employee contributions, that provides eligible employees with access to paid leave benefits during certain qualifying events. 

FAMLI leave may be used for the following reasons: 

• The employee’s serious health condition; 
• To care for a family member with a serious health condition; 
• To care for a new child during the first year after their birth, adoption or foster care placement; 
• Qualifying exigency leave; or 
• Safe leave. 

Paid sick leave 

The Healthy Families and Workplaces Act (HFWA) requires all employers to provide eligible employees with paid sick and safe leave. 

Leave may be used for the following reasons: 

• The employee’s or a covered family member’s mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment; or need for preventive medical care; 
• The employee or a covered family member is a victim of domestic abuse, sexual assault or harassment, and needs to:
  • Seek medical attention to recover from a mental or physical illness, injury or health condition caused by the domestic abuse, sexual assault or harassment; 
  • Obtain services from a victim services organization; 
  • Obtain mental health or other counseling; 
  • Relocate; or 
  • Seek legal services, including preparation for or participation in a civil or criminal proceeding relating to or resulting from the domestic abuse, sexual assault or harassment; 
• Closure of the employee’s place of business or a child’s school or place of care by order of a public official due to a public health emergency; and 
• For the employee to:
  • Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member; 
  • Care for a family member whose school or place of care has been closed due to inclement weather; loss of power, heating or water; or other unexpected event; and 
  • Evacuate their residence because of inclement weather; loss of power, heating or water; or other unexpected event. 

Other time off requirements 

In addition to the FCA, the FAMLI Act and the HFWA, a Colorado employer may also be required to comply with other leave and time off laws, including but not limited to: 

• Crime victim leave; 
• Domestic violence leave; 
• Jury duty leave; 
• Military leave; 
• Civil Air Patrol leave; 
• Qualified volunteers leave; 
• Volunteer firefighters leave; and 
• Voting leave. 

Health and safety 

Colorado employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Colorado does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration (OSHA) has authority over private sector employers in the state. 

Drug and alcohol testing 

Colorado does not have a law that specifically governs workplace drug and alcohol testing, preemployment or otherwise. Thus, Colorado employers may establish their own drug and alcohol testing policies and require employees and job applicants to submit to drug and alcohol tests, as long as the testing program complies with the ADA, the Colorado Anti-Discrimination Act, collective bargaining agreements, and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace 

The Colorado Clean Indoor Air Act generally prohibits smoking in workplaces, with a few limited exceptions. This includes the use of electronic smoking devices (ESDs). Smoking is also prohibited within 25 feet of entryways. 

Weapons in the workplace 

Colorado law prohibits carrying concealed weapons outside a person’s own home, car, business or property unless the person has a concealed carry permit. Since the concealed carry permit law does not limit or restrict the rights of private employers or business entities, an employer is permitted to limit or prohibit individuals from bringing weapons into the workplace. 

Safe driving practices 

Colorado prohibits individuals from using a mobile electronic device while operating a motor vehicle. However, the state permits such use if the driver uses a hands-free accessory to access the device’s features.

Organizational exit 

Colorado employers may be required to follow certain requirements when employees exit the organization. 

Final pay 

Under Colorado’s final pay law: 

• An employee who voluntarily quits must be paid on the next regular payday. 
• An employee who is terminated must be paid immediately in most cases. 

Colorado employers are not required to provide vacation pay benefits. However, an employer that chooses to provide vacation pay benefits must pay all accrued but unused vacation pay to a separated employee according to the terms of any agreement. 

Mass layoffs 

Colorado does not have its own version of the federal WARN Act. 

AI in employment 

Colorado does not have a law related to AI in employment applicable to private employers.