In 2022, Colorado’s state minimum wage is $12.56 per hour.
Employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty hours per workweek; (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages.
A workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. Hours worked in two or more workweeks shall not be averaged for computation of overtime.
The tipped minimum wage in 2022 is $9.54 per hour.
Overtime pay, also called pay and a half, is one and one-half times the worker’s hourly wage.
Colorado wage law (C.R.S. 8-4-103(6), updated Aug. 2, 2019) prohibits an employer from a claim to, right of ownership in, or control over an employee’s gratuities (tips). However, employers may require employees to share or allocate gratuities on a pre-established basis with other employees so long as the employer notifies each patron in writing. Such written notification includes notice on a menu, a table tent or receipt.
Under the COMPS Order, if the employer requires tipped employees to share their tips with other employees who do not customarily and regularly receive tips (such as management or food preparers), the tip credit towards minimum wage is nullified.
As C.R.S. 8-4-103(6) prohibits an employer from a claim to, right of ownership in, or control over an employee’s gratuities (tips), deductions of credit card processing fees from an employee’s gratuities are impermissible. Similarly, as C.R.S 8-4-105 prohibits deductions from wages except in specific circumstances, deductions from an employee’s wages for credit card processing fees are impermissible. Further, under the COMPS Order such deductions nullify the allowable tip credits toward the minimum wage.
Employees shall be entitled to an uninterrupted and duty-free meal period of at least a 30-minute duration when the shift exceeds five consecutive hours of work. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift. Employees must be completely relieved of all duties and permitted to pursue personal activities for a period to qualify as non-work, uncompensated time.
When the nature of the business activity or other circumstances make an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties. Employees shall be permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation.
Every employer must also provide workers with 10 minutes of paid rest periods for every 4-hours worked.
Every employer shall authorize and permit a compensated 10-minute rest period for each 4 hours of work, or major fractions thereof, for all employees, as follows:
|Rest Periods Required
|2 or fewer
|Over 2, and up to 6
|Over 6, and up to 10
|Over 10, and up to 14
|Over 14, and up to 18
|Over 18, and up to 22
To the extent practical, rest periods shall be in the middle of each 4-hour work period. It is not necessary that the employee leave the premises for a rest period.
The reasonable cost or fair market value of meals provided to the employee, may be used as part of the minimum hourly wage. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. Employee acceptance of a meal must be voluntary and uncoerced.
For employees and employers covered by the Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36 the following applies: