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What are the final paycheck laws in Colorado?

When your last check is due, what it has to include, and what the law adds when it is late. Start with the estimator, then read the answers below.

Published by Ackermann & Tilajef, P.C. · Sources checked · Updated
Fired
Due immediately
Quit
Due on the next regular payday
Unpaid
2× or 3× penalty after a demand goes unpaid

Estimate Colorado’s final-paycheck penalty formula

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STATUTORY FORMULA ILLUSTRATION · COLORADO

See how the cited statutory formula works with your inputs. You will need: whether a written demand was sent, or an administrative claim or civil action was sent to or served on the employer, and the estimated earned wages or compensation still unpaid. The result is a possible statutory penalty before any waiver, reduction, or defense, not total recovery. Hypothetical example: $3,200 unpaid after the period ended gives $6,400 under the standard alternative and $9,600 if willfulness is proven.

Answer questions about your unpaid wages

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BEFORE YOU START

Enter the details, then select Calculate. The result shows how the cited statutory formula works, not what you are owed.

THE FORMULA, IN THREE NUMBERS
14 days
to pay after a written demand is sent, or an administrative claim or civil action is sent to or served on the employer. This calculator does not determine the 14-day deadline.
the unpaid wages, or $1,000 if that is greater: the standard alternative
or $3,000, only if willfulness is proven; it replaces the standard alternative. For certain written-demand claims involving conduct on or after August 6, 2025, the Director may waive the penalty if all claimed wages or compensation are paid within fourteen days after an administrative claim for the same wages or compensation is sent to or served on the employer. The Director may not waive the penalty if the alleged violation is the employer’s second or subsequent failure or refusal to pay wages or compensation within five years
Model co-2026-09-06.1 · Statutory sources linked below

PROVENANCE

Published by Ackermann & Tilajef, P.C.

Sources checked

Updated

METHOD

Shows how the cited statutory formula works with the numbers you enter. It is not legal advice and does not determine what you are owed.

Positive estimates below $0.50 are shown as “Less than $1.” Other amounts are rounded to the nearest dollar, with half dollars rounded up.

The 14-day payment period runs after a written demand is sent, or an administrative claim or civil action is sent to or served on the employer; this calculator does not determine that deadline.

It does not decide whether wages were earned and when they were due, whether a demand or claim qualified, tender, lawful deductions, willfulness, or any waiver or reduction.

How this calculator works · full text

This calculator provides a general informational estimate of how Colorado’s statutory penalty formula works with the numbers you enter. It is not legal advice and does not determine what you are owed. Whether the formula applies depends on facts this calculator does not decide: whether wages were earned and when they were due, whether a demand or claim qualified, tender, lawful deductions, willfulness, and any waiver or reduction. Amounts are shown rounded to the nearest dollar. This calculator does not determine the 14-day deadline.

Calculator model co-2026-09-06.1. Amounts are exact cents internally and rounded only for display.

The questions people ask, answered

When is my final paycheck due in Colorado?

Fired or laid off
Immediately. If the payroll unit is not open, within 6 hours of its next workday, or 24 hours if it is off-site.
Quit or resigned
By the next regular payday, at the normal place or by mail if you ask.
Disputed amount
The undisputed part is still due on time. Disputing does not pause the clock.

C.R.S. § 8-4-109(1)

What has to be in it?

Hours worked
Every hour through your last day, including overtime.
Earned vacation
It is wages and cannot be forfeited at separation (Nieto v. Clark's Market). Use-it-or-lose-it clauses do not erase it.
Commissions, bonuses
Included when earned, vested and determinable under the plan, even if they would normally pay out later.
Not wages
Severance you were never promised; unvested or discretionary bonuses.

C.R.S. §§ 8-4-101(14), 8-4-109(1); Nieto v. Clark's Market (Colo. 2021)

What can my employer deduct from it?

Allowed
Taxes, court-ordered withholdings, and deductions you authorized in writing for your own benefit.
Not allowed
"Damage", "shortage", "unreturned equipment", or a broad handbook clause, without a specific legal basis.
Employer property
A narrow accounting exception exists when you handled money or goods. If that is you, choose the review route in the estimator.

C.R.S. § 8-4-105

What happens if my final paycheck is late?

The trigger
A written demand sent after wages are past due, an administrative claim, or a civil action reaching the employer opens a 14-day payment period. The due date alone does not.
After 14 days
The greater of 2× the unpaid wages or $1,000.
If willful
The greater of 3× or $3,000. It replaces the standard formula; the two are not added.
Full payment
Paying everything demanded in good faith by the deadline prevents or changes the penalty. Disputing the amount does not.
Waiver, reduction
In an administrative claim, a 2025 provision lets the Director waive a penalty after a later cure, and the Division may reduce one after timely post-citation payment. The formula figures are before any waiver, reduction, or defense; they are not total recovery.
EXAMPLE

$3,200 still unpaid when the period ends: standard formula $6,400; if willfulness is proven, $9,600. Two legal branches, not a range.

C.R.S. §§ 8-4-109(3)(a)–(d) and (3.5); 7 CCR 1103-7 Rules 2.16 and 2.18; HB25-1001

How do I send a written demand?

When
After the wages are past due. A demand sent early does not count.
What to say
What is owed, for what, and where to send it. Short, factual, dated. Keep a copy and proof of sending.
Or file instead
A CDLE wage complaint or a court action reaching the employer starts the same 14-day period.

C.R.S. § 8-4-109(3); CDLE demand guidance

How long do I have?

2 years
to bring the claim, from when wages were due
3 years
if the violation was willful

C.R.S. § 8-4-122 · Evidence goes stale much sooner: pay stubs, schedules and the demand itself are what a claim is built on.

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