Colorado Minimum Wage Order Poster Required
The Minimum Wage Order Poster is a labor law posters poster by the Colorado Department Of Labor and Employment. This is a mandatory posting for all employers in Colorado, and businesses who fail to comply may be subject to fines or sanctions.
This poster must be posted in a conspicuous place where all employees will see it. The poster lists the minimum wage for regular workers as well as the minimum wage for those to receive tips and who to contact should wages that are given are less than the minimum wage. All employees who are qualified for both the state and federal minimum wage are eligible to be paid this minimum wage rate. This ordinance also details information on rest periods, meal periods, uniforms, recovery wages, and dual jurisdictions.
CO All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both Colorado and Federal poster requirements by clicking here .
COLORADO OVER TIME & MINIMUM P AY ST ANDARDS ORDER Ef fective 1/1/23 : m ust u pdate a n nually ; (“COMPS Order”) #38, POSTER & NOTICE n ew p oste r a va ila ble e a ch m id -D ecem ber Colorado Minimum W age: $ 13.6 5/h ou r, o r $ 10.6 3 f o r T ip ped E m plo yees, i n 2 023 ( R ule 3 ) • The minimum wage is adjusted each year for inflation, so the above amounts are for only 2023 • All employees must be paid at least the minimum wage (unless exempt in Rule 2), whether paid hourly or another way (salary , commission, piecework, etc.), except unemancipated minors can be paid 15% under full minimum wage • Use the highest standard if other labor laws also apply , such as Denver’s minimum wage ($17.29 in 2023) Overtime: 1 ½ t im es r e g u la r p ay r a te s f o r h ou rs o ver 4 0 w eek ly , 1 2 d aily , o r 1 2 c o n se cu tiv e ( R ule 4 ) • Overtime is required each week over 40 hours, or day over 12, even if 2 or more weeks or days average fewer hours • Employers cannot provide time of f (“comp time”) instead of time-and-a-half premium pay for overtime hours • Key variances/exemptions (all are detailed in Rules 2.3-2.4): - Modified overtime in a small number of health care jobs; exemption for certain heavy vehicle drivers - No 40-hour weekly overtime in downhill ski/snowboard jobs (but 56-hour overtime for many under federal law) - Agriculture, as of 1 1/1/22: overtime after 60 hours; half-hour paid break in days over 12 hours, extra pay if over 15 Meal Periods: 3 0 m in ute s u nin te rru pte d a n d d uty -f r e e, f o r s h if ts o ver 5 h ou rs ( R ule 1 .9 ) • Can be unpaid, but only if employees are completely relieved of all duties, and allowed to pursue personal activities • If work makes uninterrupted meal periods impractical, eating on-duty must be permitted, and the time must be paid • T o the extent practical, meal periods must be at least 1 hour after starting and 1 hour before ending shifts Rest Periods: 1 0 m in ute s, p aid , e v ery 4 h ou rs ( R ule 5 .2 ) #W ork Hours: Up to 2 >2, up to 6 >6, up to 10 >10, up to 14 >14, up to 18 >18, up to 22 >22 #Rest Periods: 0 1 2 3 4 5 6 • Need not be of f-site, but must not include work, and should be in the middle of the 4 hours to the extent practical • Rest periods are time worked for minimum wage and overtime purposes, and if employers do not authorize and permit rest periods, they must pay extra for time that would have been rest periods, including for non-hourly-paid employees • Key variances/exemptions: - In some circumstances, 10-minute rest periods can be divided into two of 5 minutes (Rule 5.2.1) - Agriculture: certain work requires more breaks; other is exempt (Rule 2.3, & Agricultural Labor Conditions Rules) T ime W orked: P ay f o r t im e e m plo yers a llo w p erfo rm in g l a b or/s e rv ic e f o r t h eir b en efit ( R ule 1 .9 ) • All time on-premises, on duty , or at workplaces (but not just letting of f-duty employees be on-premises), including: - putting on/removing work clothes/gear (but not clothes worn outside work), cleanup/setup, or other of f-clock duty , - waiting for assignments at work, or receiving or sharing work-related information, - security/safety screening, or clocking/checking in or out, or - waiting for any of the above tasks. • T ravel for employer benefit is time worked; normal home/work travel is not (details in Rule 1.9.2) • Sleep time, if suf ficiently uninterrupted and lengthy , can be excluded in certain situations (details in Rule 1.9.3). Deductions, Cr edits, Charges, & W ithheld Pay ( R ule 6 , a n d A rtic le 4 o f C .R .S . T itle 8 ) • Final pay: Owed promptly (if a termination by employer) or at next pay date (if employee resigned) • V acation pay: Departing employees must be paid all accrued and unused vacation pay , including paid time of f usable for vacation, without deducting or declaring forfeiture based on cause for termination, lack of resignation notice, etc. • Deductions from pay: Allowed if listed below or in C.R.S. 8-4-105 (including deductions required by law , in a written agreement for the benefit of the employee, for theft in a police report, or for property loss after audit/notice) • T ip credits: Employers can pay up to $3.02 under minimum wage ($10.63 in 2023, or $14.27 in Denver), if: (a) tips (not mandatory service char ges) raise pay to full minimum, & (b) tips aren’ t diverted to non-tipped staf f/owners • Meal credits/deductions: Allowed for the cost or value (without employer profit) of voluntarily accepted meals • Lodging credits/deductions: Allowed if housing is voluntarily accepted by the employee, primarily for the employee’ s (not the employer ’s) benefit, recorded in writing, and limited to $25 or $100 per week (based on housing type) • Uniforms: Must be provided at no cost unless they are ordinary clothes without special material or design; employers must pay for any special cleaning required, and cannot require deposits or deduct for ordinary wear and tear Exemptions fr om COMPS ( R ule 2 .2 l is ts a ll; k ey e x em ptio ns a re b elo w ) • Executives/supervisors, administrators, and professionals paid at least a salary (not hourly wages) of $50,000 in 2023 ($55,000 in 2024, then inflation-adjusted), except $31.41/hour for highly technical computer work • Other highly compensated, non-manual-labor employees paid at least 2.25 the above salary ($1 12,500 in 2023) • 20% owners, or at a nonprofit the highest-paid/highest-ranked employee, if actively engaged in management • V arious (not all) types of salespersons, taxi drivers, camp/outdoor education field staf f, or property managers Record-Keeping & Notices of Rights ( R ule 7 ) • Employers must give all employees (and keep for three years) pay statements that include time worked, pay rate (including any tips and credits), and total pay • This year ’s poster must be displayed where easily accessible, or if not practical (such as for remote workers), provided within one month of beginning work and when employees request a copy • Employers must include a copy of this poster , or a COMPS Order, in any employment handbook or manual • V iolation of notice of rights rules (posting or distribution), including by providing information undercutting this poster , may yield fines and/or ineligibility for employee-specific credits, deductions, or exemptions in COMPS Complaint & Anti-Retaliation Rights ( R ule 8 ) • Employees can send the Division (contact info below) complaints or tips about violations, or file lawsuits in court • Employers cannot retaliate against, or interfere with, employees exercising their rights • Anonymous tips are accepted; anonymity or confidentiality are protected if requested (W age Protection Rule 4.7) • Owners and other individuals with control over work may be liable for certain violations — not just the business, even if the business is a corporation, partnership, or other entity separate from its owner(s) (Rule 1.6) • Immigration status is irrelevant to these labor rights: the Division will not ask or report status in investigations or rulings, and it is illegal for anyone to use immigration status to interfere with these rights (W age Protection Rule 4.8) This Poster is a summary and cannot be relied on as complete labor law information . For all rules , fact sheets , translations , questions , or complaints , contact: D IV IS IO N O F LA BOR S T A NDARDS & S T A T IS T IC S , C olo ra d oLa borLa w.g ov , c d le _ l a b or _ s ta n dard s @ s ta te .c o .u s , 3 03 - 3 18 - 8 441 / 8 88 - 3 90 - 7 936
Other Colorado Labor Law Posters 4 PDFS
There are an additional twenty optional and mandatory Colorado labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
View all 21 Colorado labor law posters
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- Original poster PDF https://cdle.colorado.gov/sites/cdle/files/COMPS%20Order%20%2338%20Poster%20%282023%29%20English.pdf , updated December 2022
- Colorado Labor Law Posters at https://www.colorado.gov/pacific/cdle/node/32366
- Colorado Department Of Labor and Employment
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