As we look ahead to 2026, many of us are setting new goals and making plans. But before you dive too deep into the future, it’s a crucial time to pause and consider a fundamental question: Are you being paid everything you’re legally owed in 2025? In Colorado, employee rights are robust, and understanding them is key to ensuring your financial well-being.
Colorado’s Commitment to Fair Pay
Colorado has specific laws designed to protect workers and ensure they receive fair compensation. These laws cover various aspects of employment, from minimum wage and overtime to proper classification and final paychecks. Unfortunately, not all employers fully comply with these regulations, sometimes due to oversight, and sometimes due to more deliberate actions.
Common Wage and Hour Violations
It’s easy to assume your employer is always following the rules, but various scenarios can lead to underpayment. Here are some common wage and hour violations we frequently see:
Unpaid Overtime: For non-exempt employees, working more than 40 hours in a workweek or 12 hours in a workday generally requires time-and-a-half pay. If your employer avoids paying this, you could be missing out on significant income.
Misclassification: Some employers incorrectly classify employees as "exempt" (not eligible for overtime) or as independent contractors to avoid paying overtime, benefits, or taxes. If you’re treated like an employee but called a contractor, your rights might be violated.
Minimum Wage Violations: Colorado's minimum wage changes periodically. If your hourly rate falls below the current state minimum wage, your employer is breaking the law.
Unpaid Breaks: Certain breaks, particularly short ones, are typically considered paid work time. If your employer is deducting pay for these or forcing you to work through them without compensation, it’s an issue.
Final Paycheck Delays or Deductions: When your employment ends, Colorado law dictates when and how your final paycheck (including accrued vacation pay) must be issued. Improper delays or unauthorized deductions are illegal.
What Are the Signs You Might Be Underpaid?
Keep an eye out for these red flags:
Your paychecks seem inconsistent or have unexplained deductions.
You're working long hours but not seeing overtime pay.
Your job title is "manager" but your duties are largely non-supervisory, and you don't receive overtime.
You're paid a flat salary regardless of the hours you work.
You receive pay in cash without clear pay stubs or records.
Taking Action for Your Rights
Discovering you might be underpaid can be frustrating and even intimidating. However, you have rights, and there are resources available to help you understand and enforce them. It’s important to remember that pursuing what you’re owed is not only about your individual compensation. It's also about upholding fair labor practices for everyone. Leventhal Swan Taylor Temming PC is here for you. We are here to help you start 2026 confident that your rights are protected and you’re receiving every dollar you’ve earned.
If you suspect you're not being paid what you're legally due, don't wait. Empower yourself by understanding your rights. For a confidential consultation to review your specific situation and explore your options, contact us today at (719) 689-8767.