Colorado Equal Pay for Equal Work Act — what must employers post and what are employees' rights?

Colorado EPEWA (C.R.S. § 8-5-101 et seq., effective Jan 1, 2021, updated through SB 23-105 effective Jan 1, 2024): (1) Job posting requirements: all Colorado employers must include in job postings for Colorado positions (including remote positions potentially filled by Colorado workers): (a) compensation or a compensation range (hourly wage or salary range — not just 'competitive compensation'); (b) a description of any employment benefits offered (health, dental, retirement, PTO, etc.); (c) the application deadline or indication that the posting will remain open until filled; (2) No salary history inquiries: Colorado employers cannot ask about a job applicant's prior salary history and cannot use prior salary history (even if voluntarily provided) to set compensation. The prohibition applies to job applications, interviews, and background checks; (3) Equal pay for substantially similar work: beyond the posting requirements, EPEWA's core principle requires equal pay for employees who perform substantially similar work (based on skill, effort, and responsibility performed under similar working conditions). Pay differences may only be based on: seniority, merit, production-based pay (commissions), or bona fide factors other than sex (and other protected characteristics) such as education, training, or experience; (4) Employer size: the compensation posting requirement applies to all employers with 1+ employee; (5) Employee rights when underpaid: an employee who discovers they are paid less than others performing substantially similar work can file a complaint with the Colorado CDLE (Department of Labor and Employment) Division of Labor Standards and Statistics or sue in Colorado district court. Remedies include back pay for up to 3 years of underpayment, attorney's fees, and penalties; (6) Retaliation prohibition: employers cannot retaliate against employees who inquire about other employees' wages, disclose their own wages, or file EPEWA complaints; (7) 'Except Colorado' aftermath: after public and regulatory attention to the 'except Colorado' practice, the updated EPEWA imposes additional requirements on employers who seek to exclude Colorado workers from remote positions that could be performed from Colorado — creating ongoing compliance pressure for multi-state remote work policies.

Colorado non-compete law 2022 reform — how does HB 22-1317 change enforcement?

Colorado's 2022 non-compete reform (HB 22-1317, effective August 10, 2022) dramatically restricted enforceable non-competes in Colorado: (1) Compensation thresholds: non-compete agreements are only valid against workers earning above a salary threshold adjusted annually by the CDLE (approximately $123,750/year as of 2024). Non-solicitation agreements (prohibiting solicitation of customers or employees, but not full non-competition) have a lower threshold (approximately $60,750/year as of 2024). Non-competes with employees earning below these thresholds are void and unenforceable; (2) Only to protect trade secrets: non-competes must be for the protection of legitimate trade secrets — not merely to prevent competition. The employer must clearly identify what trade secrets are being protected at the time the non-compete is presented; (3) Must be provided before acceptance: the employer must provide the non-compete agreement to the prospective employee before (not after) the employee accepts the job offer — and the employee must receive adequate notice and time to review; (4) Criminal penalties: Colorado is among the first states to impose criminal liability on employers — presenting or attempting to enforce a void non-compete agreement is a PETTY OFFENSE under Colorado law (§ 8-2-113(3)(a)), meaning the employer (not just the company but potentially individual executives who present or enforce void non-competes) can face criminal penalties; (5) Non-solicitation of customers: after the 2022 reform, customer non-solicitation provisions require the same compensation threshold as non-competes (approximately $123,750/year) and must be no broader than necessary; (6) Comparison: Wisconsin voids overly broad non-competes but has no salary threshold or criminal penalties. Colorado's 2022 reform goes significantly further by imposing salary thresholds, criminalizing violations, and requiring the employer to identify specific trade secrets being protected.

Colorado FAMLI paid leave — what am I entitled to starting 2024?

Colorado Family and Medical Leave Insurance (FAMLI, C.R.S. § 8-13.3-501 et seq.): (1) What FAMLI is: Colorado's state-administered paid leave insurance program. Payroll deductions began January 1, 2023; benefits became available beginning January 1, 2024. Employees and employers contribute to the FAMLI fund; (2) Leave entitlement: eligible employees can take up to 12 weeks of paid leave per year for: (a) birth, adoption, or foster placement of a child; (b) the employee's own serious health condition; (c) care for a family member with a serious health condition; (d) qualifying exigencies related to a family member's military deployment; (e) up to 4 additional weeks for pregnancy or childbirth complications (for a potential total of 16 weeks); (3) Benefit amount: FAMLI pays a percentage of the employee's average weekly wage — 90% of wages up to 50% of Colorado's average weekly wage, then 50% of wages above that amount. The benefit replaces a meaningful portion of income (not full pay), with a maximum weekly benefit capped at a percentage of the Colorado average weekly wage; (4) Eligibility: employees who have earned at least $2,500 in wages in the base period (prior 4 quarters) are eligible. This covers most full-time and many part-time employees; (5) Job protection: FAMLI provides job protection for employees who take leave — the employer must restore the employee to the same or equivalent position upon return. FAMLI leave also cannot be counted against the employee for attendance or discipline purposes; (6) Interaction with federal FMLA: Colorado FAMLI and federal FMLA (where applicable — 50+ employee employers) run concurrently. An eligible employee at a 50+ employee Colorado employer may take FMLA and FAMLI simultaneously for the same qualifying event; (7) Private employer plans: employers can substitute their own approved private paid leave plan that provides equal or greater benefits in lieu of FAMLI premiums.

Colorado cannabis employment — can my employer drug test or fire me for legal marijuana use?

Colorado cannabis and workplace law — one of the most nuanced post-legalization employment issues: (1) Colorado's original approach (post-2012): after Colorado legalized recreational cannabis (Amendment 64), the Colorado Supreme Court in Coats v. Dish Network, LLC, 350 P.3d 849 (Colo. 2015) held that an employer could fire an employee for off-duty recreational marijuana use — even though the use was legal under state law. The court found that Colorado's lawful activities statute (§ 24-34-402.5) protecting employees from being fired for legal off-duty activities did not protect marijuana use because marijuana remained illegal under federal law (not 'lawful' in the statutory sense); (2) Colorado HB 22-1152 (effective August 10, 2022): Colorado changed this significantly with a new law that prohibits most Colorado employers from discriminating against employees or applicants based on their lawful off-duty use of marijuana. Key provisions: (a) employers cannot refuse to hire, discipline, or terminate employees solely because they use marijuana outside work hours and off the employer's property; (b) employers cannot discriminate based on a positive marijuana drug test UNLESS the positive test reflects impairment during work hours or on the employer's premises; (3) Still allowed: employers can still: prohibit marijuana possession or use on employer premises; discipline employees for being impaired during work hours (but must use observable symptom-based impairment assessment, not just a positive test for past use); apply zero-tolerance policies required by federal law (federal contractors, DOT-regulated positions, safety-sensitive roles); (4) Testing challenge: cannabis THC can remain detectable in blood/urine for days to weeks after use. A positive drug test does not prove current impairment. The 2022 law's prohibition on discipline based solely on positive test results (without workplace impairment evidence) creates significant complexity for employers who test employees after workplace accidents; (5) Federal contractor exception: Colorado employers with federal contracts (defense contractors in Littleton, aerospace in Boulder) must still comply with federal drug-free workplace requirements — federal contracts may require testing and zero tolerance that supersedes Colorado's employee-protective provisions.

Colorado minimum wage — how much higher is Denver's than the state?

Colorado has a statewide minimum wage indexed to inflation, and local governments can exceed it: (1) Colorado statewide minimum wage: Colorado's minimum wage is annually adjusted for inflation (Consumer Price Index). As of January 1, 2024, Colorado's minimum wage was $14.42/hour. Colorado's minimum wage has been rising steadily above the federal $7.25 minimum since Proposition 70 passed in 2016; (2) Denver local minimum wage: Denver voters approved a higher local minimum wage in 2019. Denver's minimum wage: $18.29/hour as of January 1, 2024 (for employers with 8+ employees; smaller employers have a phased schedule). Denver's $18.29 minimum is among the higher big-city minimums in the Mountain West; (3) Boulder minimum wage: Boulder also has a higher local minimum — the Boulder Living Wage is based on local cost of living calculations and exceeds the state minimum; (4) Tipped employee minimum wage: Colorado's tipped minimum wage allows a tip credit — employers can pay tipped employees a lower cash wage as long as tips bring total compensation to at least the minimum wage. Colorado's tipped minimum was $11.40/hour in 2024 (with tips bridging to $14.42/hour minimum). Denver's tipped minimum reflects Denver's higher local minimum; (5) Agricultural and domestic workers: certain agricultural and domestic workers have specific Colorado minimum wage provisions — farm workers are covered but may have different overtime exemptions under COMPS; (6) Colorado COMPS Order: the Colorado Overtime and Minimum Standards (COMPS) Order is the comprehensive Colorado regulation governing minimum wage, overtime, rest periods, meal periods, and tip credits. COMPS Order #39 (the current version) covers most Colorado employees, including those not covered by federal FLSA (making some Colorado workers better protected than under federal law alone).

Employment Laws in Colorado (2026)

Understanding Employment Law in Colorado: schedule change records, document control, and next steps

A sharper statewide employment law page for Colorado that maps document control, performance-review language, and the choices that shape the file first.

Reviewed January 2026 2 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

EPEWA (§ 8-5-101, effective Jan 2021, updated 2024): salary range + benefits + deadline required in ALL job postings (including remote); no salary history inquiries; 'except Colorado' workaround addressed by 2024 amendment; back pay 3-year remedy
Non-compete reform (HB 22-1317, Aug 2022): enforceable only above ~$123,750/yr (non-compete) or ~$60,750/yr (non-solicitation); must identify specific trade secrets; CRIMINAL penalty (petty offense) for presenting void non-compete — employer individuals can face prosecution
FAMLI (§ 8-13.3-501): Colorado paid family leave since Jan 2024; up to 12 weeks (+ 4 weeks pregnancy complications); income replacement ~90% up to midpoint/50% above; job protection; runs concurrent with FMLA
Cannabis employment (Coats v. Dish Network 2015 → HB 22-1152, Aug 2022): employers cannot discriminate based solely on off-duty marijuana use OR positive test (must show impairment during work hours); federal contractor/DOT exception applies
Minimum wage: statewide $14.42/hr indexed to CPI (2024); Denver local $18.29/hr (8+ employees); COMPS Order #39 governs overtime/rest periods for CO workers including those not covered by federal FLSA

Key Numbers — Colorado All 50 states →

Filing Deadline 3 years

Fault Rule Modified Comparative

Insurance System At-Fault

Key Statute C.R.S. § 13-80-102

Compare with another state → Official source ↗

In early 2021, a peculiar phrase started appearing in remote job postings from major employers across the United States: "except Colorado." The Colorado Equal Pay for Equal Work Act (EPEWA, C.R.S. § 8-5-101 et seq.), which took effect January 1, 2021, required employers to include compensation ranges in job postings when those positions might be filled by a Colorado worker — including remote positions performed from Colorado. Rather than comply with Colorado's salary transparency requirement, dozens of companies explicitly excluded Colorado residents from applying for otherwise-nationwide remote positions. The "except Colorado" phenomenon became national news and a symbol of how the EPEWA's pay transparency mandate was reshaping employment law for Colorado workers. Colorado's legislature subsequently amended the EPEWA (via SB 23-105, effective January 1, 2024) to clarify that remote-eligible positions that could be performed by a Colorado worker remain subject to the posting requirements, and strengthened protections against the "except Colorado" exclusion workaround. The EPEWA additionally prohibits Colorado employers from asking job applicants about their prior salary history and prohibits using salary history in setting pay — breaking the wage gap cycle where lower historical pay perpetuates lower future pay.

Colorado's workforce is shaped by a distinctive combination: a mountain outdoor recreation economy (ski resorts, outfitters, tourism employers), Front Range technology and aerospace employers (Lockheed Martin in Littleton, Ball Aerospace in Boulder, Raytheon, United Launch Alliance), healthcare systems (UCHealth, SCL Health, Centura Health), and the cannabis industry — Colorado was the first state to legalize recreational marijuana (Amendment 64, November 2012, effective January 1, 2014) and its licensed retail cannabis sector employs tens of thousands of workers. Each of these sectors creates distinct employment law issues: ski resort seasonal workers face unique leave and classification issues; defense contractors interact with federal contractor wage requirements; healthcare workers face OSHA healthcare exposure standards; and cannabis employees work in an industry where federal drug-free workplace requirements and state legal employment create an ongoing tension.

Need employment contracts or HR documents?

Offer letters, NDAs, non-competes, and severance agreements — state-specific.

LawDepot 150+ state-specific legal documents Free trial · From $33/mo

Create Document →

ULF

US Legal Forms State-specific legal forms From $14.95

Browse Forms →

Sponsored links. Affiliate disclosure · Compare all options