Dealing With Unpaid Wages in Colorado
My employer hasn't paid me — here's what Colorado law says and what to do next.
Statute: Colo. Rev. Stat. § 8-4-109
Deadline: 14 days
Penalty: Employer may be liable for the unpaid wages plus a penalty equal to the amount of underpayment, plus costs and attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Colorado differs from federal law
Colorado has a higher minimum wage that increases annually and strong worker protections:
- Standard minimum wage: $14.42/hr (2024 rate — adjusted annually for CPI inflation)
- Tipped employees: $11.40/hr (tip credit of $3.02/hr); tips must bring total to at least $14.42/hr
- Colorado minimum wage increases automatically each year based on the Consumer Price Index
- Denver has a higher local minimum wage: $18.29/hr (2024)
- Colorado does not have a youth or training subminimum wage
- Colorado's COMPS Order provides additional protections including rest/meal breaks: 10-minute paid rest break every 4 hours and a 30-minute meal break
Additional steps in Colorado
File minimum wage complaints with the Colorado CDLE, Division of Labor Standards and Statistics at (303) 318-8441 or online at cdle.colorado.gov. Workers can also file with the federal DOL or bring a private lawsuit.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Colorado, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Colorado.