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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.
If you do not find the answer to your question through these summaries or
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.
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.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
When an employer discharges an employee, the employer must pay the employee
immediately. If at time of discharge the employer's accounting unit, responsible for the
drawing of payroll checks, is not regularly scheduled to be operational, then the wages due
the separated employee must be made available no later than six hours after the start of
the accounting unit's next regular workday; however, if the accounting unit is located off-site,
the employer must deliver the wages due no later than twenty-four hours after the start of
the employer's accounting unit's next regular workday to one of the following locations
selected by the employer: (i) the work site; (ii) the employer's local office; or (iii) the
employee's last-known mailing address. Colorado Stat. 8-4-109
Employees who quit or resign
When an employee quits or resigns, the employer must pay the employee by the next
regular pay day. When payment is made, the employer must make the wages due
available at one of the following locations selected by the employer: (i) the work site; (ii) the
employer's local office; or (iii) the employee's last-known mailing address. Colorado Stat.
8-4-109
Employees who are suspended or resigns due to a labor dispute (strike)
When an employee leaves employment as a result of a labor dispute, the employer must
pay the employee by the next regular pay day. Colorado Stat. 8-4-108
Wages in Dispute
If there is a dispute between the employer and the employee regarding wages due, must
pay that amount conceded to be due, without condition, within the time required, depending
on whether the employee was discharged or voluntarily quit. The employer may retain the
disputed amount until the matter is resolved. Colorado Stat. 8-4-109
Employees who are fired, discharged, terminated, or laid off
When an employer discharges an employee, the employer must pay the employee
immediately. If at time of discharge the employer's accounting unit, responsible for the
drawing of payroll checks, is not regularly scheduled to be operational, then the wages due
the separated employee must be made available no later than six hours after the start of
the accounting unit's next regular workday; however, if the accounting unit is located off-site,
the employer must deliver the wages due no later than twenty-four hours after the start of
the employer's accounting unit's next regular workday to one of the following locations
selected by the employer: (i) the work site; (ii) the employer's local office; or (iii) the
employee's last-known mailing address. Colorado Stat. 8-4-109
Employees who quit or resign
When an employee quits or resigns, the employer must pay the employee by the next
regular pay day. When payment is made, the employer must make the wages due
available at one of the following locations selected by the employer: (i) the work site; (ii) the
employer's local office; or (iii) the employee's last-known mailing address. Colorado Stat.
8-4-109
Employees who are suspended or resigns due to a labor dispute (strike)
When an employee leaves employment as a result of a labor dispute, the employer must
pay the employee by the next regular pay day. Colorado Stat. 8-4-108
Wages in Dispute
If there is a dispute between the employer and the employee regarding wages due, must
pay that amount conceded to be due, without condition, within the time required, depending
on whether the employee was discharged or voluntarily quit. The employer may retain the
disputed amount until the matter is resolved. Colorado Stat. 8-4-109
Notice of Wage Reduction
California does not have a law addressing when or how an employer may reduce an
employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction. However, the California Dept. of Industrial Relations states
that an employer must give an employee prior notice of a change in pay periods.
Presumably, this notice requirement would apply to any reduction in wage rates as well.
Colorado Stat. 8-1-107 Moreover, a wage reduction can only be applied to hours worked
after the change and cannot be applied to hours already worked.
California does not have a law addressing when or how an employer may reduce an
employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction. However, the California Dept. of Industrial Relations states
that an employer must give an employee prior notice of a change in pay periods.
Presumably, this notice requirement would apply to any reduction in wage rates as well.
Colorado Stat. 8-1-107 Moreover, a wage reduction can only be applied to hours worked
after the change and cannot be applied to hours already worked.
Statement of Wages (Pay Stub)
An employer must, at least monthly or at the time of each payment of wages or
compensation, furnish to each employee an itemized pay statement in writing showing the
following:
(a) Gross wages earned;
(b) All withholdings and deductions;
(c) Net wages earned;
(d) The inclusive dates of the pay period;
(e) The name of the employee or the employee's social security number; and
(f) The name and address of the employer.
Colorado Stat. 8-4-103
An employer must, at least monthly or at the time of each payment of wages or
compensation, furnish to each employee an itemized pay statement in writing showing the
following:
(a) Gross wages earned;
(b) All withholdings and deductions;
(c) Net wages earned;
(d) The inclusive dates of the pay period;
(e) The name of the employee or the employee's social security number; and
(f) The name and address of the employer.
Colorado Stat. 8-4-103
Record Keeping Requirements
An employer must keep for at least two year at the place of employment or at the employer's
principal place of business in Colorado, a true and accurate record for each employee
which contains the following information:
a) name, address, social security number, occupation and date of hire of said employee.
b) date of birth, if the employee is under eighteen (18) years of age.
c) daily record of all hours worked.
d) record of allowable credits and declared tips.
e) regular rates of pay, gross wages earned, withholdings made and net amounts paid
each pay period.
Colorado Minimum Wage Order 25
An employer must keep for at least two year at the place of employment or at the employer's
principal place of business in Colorado, a true and accurate record for each employee
which contains the following information:
a) name, address, social security number, occupation and date of hire of said employee.
b) date of birth, if the employee is under eighteen (18) years of age.
c) daily record of all hours worked.
d) record of allowable credits and declared tips.
e) regular rates of pay, gross wages earned, withholdings made and net amounts paid
each pay period.
Colorado Minimum Wage Order 25
Frequency of Wage Payments
In Colorado, an employer must pay employees at least once per month or 30 days,
whichever is longer, on regularly scheduled pay days. An employer must pay wages within
10 days of the end of the pay period for which the wages were earned. Colorado Stat.
8-4-103
In Colorado, an employer must pay employees at least once per month or 30 days,
whichever is longer, on regularly scheduled pay days. An employer must pay wages within
10 days of the end of the pay period for which the wages were earned. Colorado Stat.
8-4-103
Manner of Payments
An employer may pay an employee by cash, check payable on demand without deduction
or fee, or, if voluntarily agreed to by the employee, by direct deposit into the financial
institution of the employee's choosing. An employer may also deposit an employee's
wages onto a paycard if the employee has access to his full wages due at least once per
pay period and the employee can out to choose an alternative means of payment.
Colorado Stat. 8-4-102
Direct Deposit
An employer may pay wages by direct deposit, so long as the employee has consented to
the deposit and the wages are deposited into a financial institution of the employee's
choosing. Colorado Stat. 8-4-102. Colorado employers cannot require an employee to
receive payment of wages by direct deposit.
An employer may pay an employee by cash, check payable on demand without deduction
or fee, or, if voluntarily agreed to by the employee, by direct deposit into the financial
institution of the employee's choosing. An employer may also deposit an employee's
wages onto a paycard if the employee has access to his full wages due at least once per
pay period and the employee can out to choose an alternative means of payment.
Colorado Stat. 8-4-102
Direct Deposit
An employer may pay wages by direct deposit, so long as the employee has consented to
the deposit and the wages are deposited into a financial institution of the employee's
choosing. Colorado Stat. 8-4-102. Colorado employers cannot require an employee to
receive payment of wages by direct deposit.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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Notice Requirements
An employer must post and keep posted conspicuously at the place of work if practicable,
or otherwise where it can be seen as employees come or go to their places of work, or at
the office or nearest agency for payment kept by the employer, a notice specifying the
regular paydays and the time and place of payment and also any changes concerning them
that may occur from time to time.
Colorado Stat. 8-1-107
An employer must post and keep posted conspicuously at the place of work if practicable,
or otherwise where it can be seen as employees come or go to their places of work, or at
the office or nearest agency for payment kept by the employer, a notice specifying the
regular paydays and the time and place of payment and also any changes concerning them
that may occur from time to time.
Colorado Stat. 8-1-107
Deductions from Wages
An employer may not make any deductions from an employee's for:
- cash shortages,
- damaged or lost property,
- the cost of uniforms or necessary equipment,
- dishonored or bad checks, or
- any similar deductions.
An employer may not withhold or deduct any wages from an employee's paycheck, unless:
(a) the deduction is mandated by or in accordance with local, state, or federal law including,
but not limited to, deductions for taxes, garnishments, or any other court-ordered deduction;
(b) the deduction is for loans, advances, goods or services, and equipment or property
provided to an employee pursuant to a written agreement, so long as it is enforceable and
not in violation of law;
(c) the deduction is necessary to cover the replacement cost of a shortage due to theft by an
employee if a report has been filed with the proper law enforcement agency in connection
with such theft pending a final adjudication by a court of competent jurisdiction; however, if
the accused employee is found not guilty in a court action or if criminal charges related to
such theft are not filed against the accused employee within 90 days after the filing of the
report with the proper law enforcement agency, or the charges are dismissed, the accused
employee is entitled to recover any amount wrongfully withheld plus interest.
(d) Any deduction not listed above which is authorized by an employee if such authorization
is revocable including, but not limited to, deductions for hospitalization and medical
insurance, other insurance, savings plans, stock purchases, voluntary pension plans,
charities, and deposits to financial institutions;
(e) A deduction for the amount of money or the value of property that the employee failed to
properly pay or return to the employer upon separation from employment. An employer has
ten calendar days after the termination of employment to audit and adjust the accounts and
property value of any items entrusted to the employee before the employee's wages or
compensation is paid.
Colorado Stat. 8-4-105
Uniforms, Tools, and Other Equipment Necessary for Employment
If an employer requires an employee to wear a uniform, the employer must pay the cost of
purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform
furnished by the employer is plain and washable and does not need or require special care
such as ironing, dry cleaning, pressing, etc., the employer is not required to maintain or pay
for cleaning.
An employer may require a reasonable deposit (up to one-half of actual cost) as security for
the return of each uniform furnished to employees upon issuance of a receipt to the
employee for such deposit. The employer must return the entire deposit to the employee
when the uniform is returned. The cost of ordinary wear and tear of a uniform or special
apparel may not be deducted from the employee’s wages or deposit.
An employer is not required to pay for clothing accepted as ordinary street wear or for an
ordinary white or any light colored plain and washable uniform unless a special color,
make, pattern, logo or material is required.
Colorado Minimum Wage Order 25
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an applicant or employee to pay the cost of a medical
examination or the cost of furnishing any records required by the employer as a condition of
employment, except records necessary to support the applicant's statements in the
application for employment. Colorado Stat. 8-2-118
An employer may not make any deductions from an employee's for:
- cash shortages,
- damaged or lost property,
- the cost of uniforms or necessary equipment,
- dishonored or bad checks, or
- any similar deductions.
An employer may not withhold or deduct any wages from an employee's paycheck, unless:
(a) the deduction is mandated by or in accordance with local, state, or federal law including,
but not limited to, deductions for taxes, garnishments, or any other court-ordered deduction;
(b) the deduction is for loans, advances, goods or services, and equipment or property
provided to an employee pursuant to a written agreement, so long as it is enforceable and
not in violation of law;
(c) the deduction is necessary to cover the replacement cost of a shortage due to theft by an
employee if a report has been filed with the proper law enforcement agency in connection
with such theft pending a final adjudication by a court of competent jurisdiction; however, if
the accused employee is found not guilty in a court action or if criminal charges related to
such theft are not filed against the accused employee within 90 days after the filing of the
report with the proper law enforcement agency, or the charges are dismissed, the accused
employee is entitled to recover any amount wrongfully withheld plus interest.
(d) Any deduction not listed above which is authorized by an employee if such authorization
is revocable including, but not limited to, deductions for hospitalization and medical
insurance, other insurance, savings plans, stock purchases, voluntary pension plans,
charities, and deposits to financial institutions;
(e) A deduction for the amount of money or the value of property that the employee failed to
properly pay or return to the employer upon separation from employment. An employer has
ten calendar days after the termination of employment to audit and adjust the accounts and
property value of any items entrusted to the employee before the employee's wages or
compensation is paid.
Colorado Stat. 8-4-105
Uniforms, Tools, and Other Equipment Necessary for Employment
If an employer requires an employee to wear a uniform, the employer must pay the cost of
purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform
furnished by the employer is plain and washable and does not need or require special care
such as ironing, dry cleaning, pressing, etc., the employer is not required to maintain or pay
for cleaning.
An employer may require a reasonable deposit (up to one-half of actual cost) as security for
the return of each uniform furnished to employees upon issuance of a receipt to the
employee for such deposit. The employer must return the entire deposit to the employee
when the uniform is returned. The cost of ordinary wear and tear of a uniform or special
apparel may not be deducted from the employee’s wages or deposit.
An employer is not required to pay for clothing accepted as ordinary street wear or for an
ordinary white or any light colored plain and washable uniform unless a special color,
make, pattern, logo or material is required.
Colorado Minimum Wage Order 25
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an applicant or employee to pay the cost of a medical
examination or the cost of furnishing any records required by the employer as a condition of
employment, except records necessary to support the applicant's statements in the
application for employment. Colorado Stat. 8-2-118
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
