Colorado Employment Law Guide — Workplace Rights & Protections
At-will employment, discrimination, wages, harassment, and retaliation protections under Colorado law.
An employment law claim — whether it involves discrimination, wage theft, wrongful termination, or retaliation — typically follows a complaint-and-investigation process before it ever reaches a courtroom. Most claims must first be filed with the EEOC or a state agency, which investigates and attempts to resolve the matter. If that does not work, the next step is litigation. The strength of your case depends heavily on documentation — what you can prove, and when you reported it.
Key Protections
Colorado's primary employment protections come from the Colorado Anti-Discrimination Act (CADA) §24-34-402, which prohibits workplace discrimination based on race, color, creed, sex, sexual orientation (including transgender status), religion, age (40+), disability, national origin, ancestry, marital status — applies to employers with 1+ employees; adds sexual orientation (including transgender status), ancestry, and marital status beyond federal law.
At-Will Exceptions
Recognizes public policy exception and implied contract exception; does not recognize the implied covenant of good faith and fair dealing as an independent exception; Lawful Off-Duty Activities statute also prohibits termination for lawful off-duty conduct §8-2-101.
Wages and Compensation
| Colorado Law | |
|---|---|
| Minimum Wage | Statewide minimum wage adjusted annually for inflation — the rate is set by Colo. Const. art. XVIII, sec. 15 and published each year in the PAY CALC Order, 7 CCR 1103-14, not by a C.R.S. section; tipped employees may be paid a reduced cash wage with a tip credit so long as tips bring total pay to the full minimum wage; higher local minimum wages and coverage exceptions may apply. Check the current year's PAY CALC Order from the Colorado Department of Labor and Employment or confirm with a lawyer for the exact rate. |
| Overtime | 1.5x regular rate after 40 hours/week and for hours over 12 in a single workday; Colorado Overtime and Minimum Pay Standards Order (COMPS Order) governs covered industries §8-6-101 |
| Wage Payment | Employers must pay wages at least monthly, with no more than 30 days between paydays for most employees; wages due within 10 days after close of pay period §8-4-103 |
| Final Paycheck | If fired, final wages due immediately; if employee quits with at least 3 days' notice, wages due on next regular payday; if employee quits without notice, wages due within 10 days or next payday, whichever comes first; vacation pay must be paid at separation if earned under employer policy §8-4-103 |
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Three hundred days after the alleged discriminatory or unfair employment practice occurred, for filing the administrative charge with the commission