Colorado

Generally, an employer cannot discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status (disability, race, creed, color, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry) by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work, regardless of job title, based on a composite of skill; effort, which may include consideration of shift work; and responsibility.^[1]

a) Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a seniority system, merit system, system which measures earnings by quantity or quality of production, geographic location where the work is performed, travel if the travel is regular and necessary condition of the work performed and education training or experience to the extent that they are reasonably related to the work in question.^[2]

b) Retaliation: Employers may not discriminate or retaliate against a prospective employee for failing to disclose his or her wage rate history, may not discharge, discriminate or retaliate against an employee for invoking the Equal Pay for Equal Work Act or assisting in the enforcement of the law, and may not discharge, discipline, discriminate against or interfere with an employee because that employee inquired about, disclosed, compared, or otherwise discussed his or her wage rate.^[3]

^[1] C.R.S. § 8-5-102 (2017).

^[2] Id.

^[3] Id.

‍

Yes. The law in Colorado requires equal pay for “substantially similar work” instead of equal pay for “equal work,” it covers discrimination based on gender as well as gender and other protected characteristics, and it does not include the broad affirmative defense of “any factor other than sex.”

‍

Yes. An employer must disclose in each posting for each job opening: (i) the hourly/salary compensation or a range of the hourly/salary compensation, (ii) a general description of benefits and other forms of compensation being offered, and (iii) the date the application window is anticipated to close.^[1]  The law applies to all Colorado employers.

^[1] C.R.S. § 8-5-201 (2020).

‍

Yes. Employers may not ask about an applicant's pay history, nor can they rely on pay history to determine wages. Additionally, employers may not discriminate or retaliate against a prospective employee for failing to disclose their pay history.^[1]

^[1] C.R.S. §8-5-102(2)(c) (2020).

‍

Yes. An employer may not discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with an employee or other person because the employee or person inquired about, disclosed, compared, or otherwise discussed the employee's wage rate.^[1]

^[1] C.R.S. §8-5-102(2)(d).

‍

No. However, employers must keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of the employment in order to determine if there is a pattern of wage discrepancy.^[1] This includes records of salary or hourly wages, benefits, bonuses, commissions, other compensation received and any changes to the employee's job description or compensation overtime. These records must be maintained by the employer but are not required to be reported to the state.

^[1] C.R.S. §8-5-202 (2020).

‍

Yes. The minimum wage for the state is $14.42 per hour, and it is indexed to inflation and adjusted annually.^[1] In Denver, minimum wage is $18.29.^[2]

^[1] Annual Minimum Wage, Colo. Dep't of Lab. & Emp., https://cdle.colorado.gov/dlss (last visited Aug. 29, 2024); 7 CCR 1103-1.

^[2] Id.

‍

No. The tipped minimum wage for the state is $11.40 per hour.^[1] Tipped employees are guaranteed to earn the minimum wage when tips are included. In Denver, the tipped wage is $15.27.^[2]

^[1] Id.

^[2] Id.

‍

Yes. Employers in Colorado are generally required to pay their employees monthly or every 30 days, whichever period is longer, and payment must be made no more than 10 days after the close of the pay period, unless the employer and the employee mutually agree on another alternative period of wage payment.^[1]

^[1] C.R.S. §8-4-103 (2016).

‍

Yes. Employers are required to give written notice of wage rates to an employee once a month or at the time of payment of wages or compensation that includes various wage information, including gross wages earned, all withholdings and deductions, net wages earned, and the inclusive dates of the pay period.^[1]

^[1] C.R.S. §8-4-103(4) (2017).

‍

Yes. Employees who are covered by Colorado Overtime and Minimum Pay Standards Order ("COMPS Order") #38 may, in most circumstances, qualify for overtime pay.^[1] Employees will be paid time and one-half of the regular rate of pay for any work in excess of: (i) forty hours per workweek, (ii) twelve hours per workday, or (iii) 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. Employees may also be covered under federal law. If an employee is covered under both Colorado and federal law, then the employer must follow the law which provides the greater protection to employees.

[1] Id.

‍

Yes. In Colorado, an employer can be subject to civil and criminal penalties for wage theft, including willfully refusing to pay wages or compensation or falsely denying the amount of a wage claim or the validity thereof with the intent to secure a discount on the indebtedness or with the intent to annoy, harass, oppress, hinder, coerce, delay, or defraud the employee.^[1] Colorado has increased penalties for employers found guilty of wage theft, allows employees to demand wages on behalf of a class of similarly situated workers, permits to state Department of Labor to investigate these demands, and limits an employers’ ability to recover attorney’s fees for successfully defending a claim.^[2]

^[1] 7 CCR 1103-7 (2020).

^[2] S.B. 22-161.

‍