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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Colorado employers doing business in the retail and service, food and beverage,
commercial support services, or health and medical industries, must provide their
employees with a meal period of no less than 30-minutes when they work more than 5
consecutive hours. The employee must be relieved of all duties during the entire
thirty-minute meal period. This "duty-free" meal period may be unpaid. When it is not
practical because of the nature of an employee's job to permit a "duty-free" meal period, the
employee must be permit to consume an "on-duty" meal and must be compensated for the
break time. CO DOL Advisory Bulletins and Resource Guide.
Colorado employers in the retail and service, food and beverage, commercial support
services, or health and medical industries, must provide employees with a 10-minute, paid
break for every 4 hours worked or major fraction thereof. The break should be in the middle
of the shift, if practical. CO DOL Advisory Bulletins and Resource Guide.
Colorado does not have any meal or break requirements for employers in industries other
than retail and service, food and beverage, commercial support services, and health and
medical, thus the federal rules apply. The federal rule does not require an employer to
provide either a meal (lunch) period or breaks. However, if an employer chooses to do so,
breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Colorado employers doing business in the retail and service, food and beverage,
commercial support services, or health and medical industries, must provide their
employees with a meal period of no less than 30-minutes when they work more than 5
consecutive hours. The employee must be relieved of all duties during the entire
thirty-minute meal period. This "duty-free" meal period may be unpaid. When it is not
practical because of the nature of an employee's job to permit a "duty-free" meal period, the
employee must be permit to consume an "on-duty" meal and must be compensated for the
break time. CO DOL Advisory Bulletins and Resource Guide.
Colorado employers in the retail and service, food and beverage, commercial support
services, or health and medical industries, must provide employees with a 10-minute, paid
break for every 4 hours worked or major fraction thereof. The break should be in the middle
of the shift, if practical. CO DOL Advisory Bulletins and Resource Guide.
Colorado does not have any meal or break requirements for employers in industries other
than retail and service, food and beverage, commercial support services, and health and
medical, thus the federal rules apply. The federal rule does not require an employer to
provide either a meal (lunch) period or breaks. However, if an employer chooses to do so,
breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Vacation
In Colorado, an employer is not required to provide its employees with vacation benefits,
CO Div. of Labor Advisory Bulletin and Resource Guide. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. Colo. Rev. Stat. § 8-4-101(8)(a)(III).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Thompson v.
Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Thompson v. Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App.
1992).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Thompson v. Cheyenne Mountain School Dist. No. 12,
844 P.2d 1235 (Colo. App. 1992).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. CO Wage Act § 8-4-101; See Thompson v.
Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
The Colorado Supreme Court has declined to determine whether an employer is liable to
pay employees for accrued vacation upon separation from employment when the policy or
contract is silent on the issue. See Cheyenne Mountain School District #12 v. Thompson,
861 P.2d 711 (Colo. Sup. Ct. 1993). Thus, it is unclear whether an employer would be
liable to pay for accrued or earned vacation to an employee upon separation from
employment when the policy or contract does not specifically address the matter.
An employer may lawfully cap the amount of leave an employee may accrue over time. See
Cheyenne Mountain School District #12 v. Thompson, 861 P.2d 711 (Colo. Sup. Ct. 1993).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Thompson v. Cheyenne Mountain
School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
In Colorado, an employer is not required to provide its employees with vacation benefits,
CO Div. of Labor Advisory Bulletin and Resource Guide. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. Colo. Rev. Stat. § 8-4-101(8)(a)(III).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Thompson v.
Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
An employer may lawfully establish a policy or enter into a contract disqualifying employees
from payment of accrued vacation upon separation from employment if they are terminated.
See Thompson v. Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App.
1992).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Thompson v. Cheyenne Mountain School Dist. No. 12,
844 P.2d 1235 (Colo. App. 1992).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. CO Wage Act § 8-4-101; See Thompson v.
Cheyenne Mountain School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
The Colorado Supreme Court has declined to determine whether an employer is liable to
pay employees for accrued vacation upon separation from employment when the policy or
contract is silent on the issue. See Cheyenne Mountain School District #12 v. Thompson,
861 P.2d 711 (Colo. Sup. Ct. 1993). Thus, it is unclear whether an employer would be
liable to pay for accrued or earned vacation to an employee upon separation from
employment when the policy or contract does not specifically address the matter.
An employer may lawfully cap the amount of leave an employee may accrue over time. See
Cheyenne Mountain School District #12 v. Thompson, 861 P.2d 711 (Colo. Sup. Ct. 1993).
An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring
employees to use their leave by a set date or lose it. See Thompson v. Cheyenne Mountain
School Dist. No. 12, 844 P.2d 1235 (Colo. App. 1992).
Sick Leave
Colorado law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. CO DOL Advisory Bulletin and Resource Guide. If an employer
chooses to provide sick leave benefits, it must comply with the terms of its established
policy or employment contract. An employer in Colorado may be required to provide an
employee unpaid sick leave in accordance with the Family and Medical Leave Act or other
federal laws.
Colorado law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. CO DOL Advisory Bulletin and Resource Guide. If an employer
chooses to provide sick leave benefits, it must comply with the terms of its established
policy or employment contract. An employer in Colorado may be required to provide an
employee unpaid sick leave in accordance with the Family and Medical Leave Act or other
federal laws.
Severance
Colorado law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract. CO DOL Advisory Bulletin and Resource Guide.
Colorado law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract. CO DOL Advisory Bulletin and Resource Guide.
Holidays
Colorado law does not require employers to provide employees with either paid or unpaid
holiday leave. In Colorado, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
CO DOL Advisory Bulletin and Resource Guide. If an employer chooses to provide either
paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Colorado law does not require employers to provide employees with either paid or unpaid
holiday leave. In Colorado, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
CO DOL Advisory Bulletin and Resource Guide. If an employer chooses to provide either
paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Colorado's current minimum wage rate is $7.64 and applies to employees in the retail and
service, commercial support service, food and beverage, and health and medical
industries. CO Minimum Wage Order No. 28. Some other exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Colorado, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Colorado's current minimum wage rate is $7.64 and applies to employees in the retail and
service, commercial support service, food and beverage, and health and medical
industries. CO Minimum Wage Order No. 28. Some other exceptions apply.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Colorado, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Colorado requires employers to pay employees overtime at a rate of 1 1/2 time their
regular rate when they work more than 40 hours in a workweek, more than 12 hours in a
workday, or 12 consecutive hours without regard to the workday. Colorado requires
employers to pay employees overtime, unless an exemption applies, at CO Div. of Labor
Advisory Bulletin 10(I). Federal overtime laws may also apply. For federally-defined
exemptions and other federal overtime laws see FLSA: Overtime.
Colorado requires employers to pay employees overtime at a rate of 1 1/2 time their
regular rate when they work more than 40 hours in a workweek, more than 12 hours in a
workday, or 12 consecutive hours without regard to the workday. Colorado requires
employers to pay employees overtime, unless an exemption applies, at CO Div. of Labor
Advisory Bulletin 10(I). Federal overtime laws may also apply. For federally-defined
exemptions and other federal overtime laws see FLSA: Overtime.
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| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
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you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer must pay an employee up to $50 per day for first three (3) days of juror service,
unless the employer and employee have agreed otherwise.
Colorado Stat. 13-71-126
An employer may not discharge, penalize, harass, threaten, or coerce an employee for
responding to a jury summons or serving on a jury. Colorado Stat. 13-71-134
An employer must pay an employee up to $50 per day for first three (3) days of juror service,
unless the employer and employee have agreed otherwise.
Colorado Stat. 13-71-126
An employer may not discharge, penalize, harass, threaten, or coerce an employee for
responding to a jury summons or serving on a jury. Colorado Stat. 13-71-134
