Colorado’s core labor laws set a $15.16 minimum wage for 2026, require 30-minute meal breaks for shifts over five hours, and mandate 10-minute paid rest breaks every four hours. FAMLI provides up to 24 weeks of paid leave for NICU parents.
New laws in 2025-2026 covering biometric privacy (HB24-1130), AI in hiring (SB 24-205), and wage theft enforcement (HB 25-1001) make Colorado one of the most regulated states for employers. Start with COMPS Order #40 for wage and hour compliance.
Your employer cannot discriminate based on race, gender, disability, religion, sexual orientation, gender identity, age (40+), national origin, or pregnancy. They cannot retaliate for taking protected leave, filing a wage claim, or exercising any labor law right.
Under HB 25-1001, a 90-day presumption of retaliation applies after you exercise a protected right. They also cannot collect your biometric data without written consent and a documented data retention policy under HB 24-1130.
You can work up to five hours before Colorado labor laws break requirements kick in. After five hours, you must receive a 30-minute unpaid meal break. You also get one paid 10-minute rest break for every four hours worked. A 12-hour day on a framing crew means three rest breaks and one meal break. Employers cannot require workers to skip these breaks. Salaried non-exempt employees receive the same break rights as hourly workers.
The biggest 2026 updates are the $15.16 minimum wage, COMPS Order #40 record-keeping requirements, FAMLI NICU leave expansion to 24 weeks, and the 0.88% FAMLI premium rate.
Already in effect from 2025: HB 24-1130 biometric privacy, HB 25-1001 wage theft enforcement, SB 25-083 healthcare non-compete ban, and the Kelly Loving Act gender expression protections. The Colorado AI Act takes effect June 30, 2026, making compliance programs for AI hiring tools mandatory.
To qualify as exempt from overtime, an executive, administrative, or professional employee must earn at least $1,111.23 per week, or $57,784 per year under the 2026 PAY CALC Order. This is substantially higher than the federal FLSA threshold of $35,568.
The Highly Compensated Employee threshold is $130,014 annually. Both thresholds also govern the minimum pay required to enforce non-compete and non-solicitation agreements under Colorado employment law.
Yes. Salary status does not eliminate break rights. Any salaried non-exempt employee who works more than five hours is entitled to the 30-minute meal break. They also receive 10-minute paid rest breaks for each four-hour work period.
The break exemption only applies to employees who meet both the salary threshold and the duties test for executive, administrative, or professional classification. Most field supervisors and foremen do not qualify for the exemption.
HB24-1130 took effect July 1, 2025. It requires written consent before employers collect fingerprints, facial scans, retinal data, or voiceprints. Employers must maintain a publicly available written policy covering retention schedules and deletion timelines. Biometric data must be destroyed within 24 months of a worker’s last interaction.
The Attorney General can seek up to $20,000 per violation. For construction employers using biometric time clocks, consent is permitted specifically for recording shift start and end times.
FAMLI leave pays up to $1,381.45 per week for 2026. Standard qualifying events like a serious illness or welcoming a new child allow up to 12 weeks. Parents of newborns who need NICU care access up to 24 total weeks of paid leave under SB 25-144.
The 2026 premium rate is 0.88% of wages (0.44% employer, 0.44% employee). Employers with fewer than 10 employees pay only the employee share. The wage cap for premium calculations is $184,500 for 2026.
Yes, but with significant new obligations starting June 30, 2026. The Colorado AI act (SB 24-205) requires employers using high-risk AI in hiring, screening, promotion, or termination to implement risk management programs, run annual impact assessments, notify workers about AI use, and offer opt-out rights.
Violations are enforced as deceptive trade practices by the Attorney General. If you use resume-screening software or AI-powered scheduling tools, review your vendor agreements before the June 30 deadline
Failing to pay wages within 14 days triggers the greater of 2x unpaid wages or $1,000. Willful violations jump to 3x or $3,000. Under HB 25-1001 wage theft enforcement, personal liability applies to owners with 25% or more ownership.
Misclassification penalties run $5,000 to $50,000 depending on severity and whether violations are remedied. CDLE can adjudicate claims up to $13,000 per employee starting July 1, 2026. A safe harbor protects first-time violators who pay all claimed wages within 14 days of notice.