Colorado: Pay Frequency and Wage-Payment Lag Requirements
The short answer
Colorado's default rule limits regular pay periods to one calendar month or 30 days, whichever is longer, and requires regular payday no later than ten days after the period closes. An employer and employee may mutually agree to a different wage-payment period; boarded and lodged agricultural workers remain on a one-month period with the same ten-day lag.
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This is the general rule in Colorado. Ezel applies current Colorado law to your specific facts and answers with citations to the statutes.
| Governing law | Colorado Wage Act, C.R.S. §§ 8-4-101, 8-4-103, 8-4-111, 8-4-113 |
|---|---|
| Who the recurring-pay rule covers | Private-sector employees performing labor/services for an employer; employee test excludes qualifying independent businesses, and government entities are excluded (§ 8-4-101(5)-(6)) |
| Minimum pay frequency | Default at least monthly; another period allowed by mutual employer-employee agreement (§ 8-4-103(1)(a)) |
| Maximum pay-period length or structure | Default ≤1 calendar month or 30 days, whichever is longer; agricultural boarded/lodged period ≤1 month (§ 8-4-103(1)-(2)) |
| Latest payday after work is performed | Regular payday ≤10 days after pay period closes (§ 8-4-103(1)-(2)) |
| Regular payday designation and changes | Regular periods and regular paydays required; no posting or unilateral-change notice stated; alternative period requires mutual agreement (§ 8-4-103(1)(a)) |
| Classification and industry exceptions | Boarded/lodged agriculture: monthly + 10 days; profit-sharing, pension, and similar deferred-compensation payments excluded (§ 8-4-103(2)-(3)) |
| Enforcement and remedies | Division claim up to $13,000 from July 1, 2026 or direct suit; administrative fine up to $50/day per unpaid employee without good-faith legal justification (§§ 8-4-111, -113) |
Compare this rule across all 50 states + DC →
Requirements one by one
The default combines a monthly period with a ten-day lag
C.R.S. § 8-4-103(1) limits the ordinary regular pay period to one calendar
month or 30 days, whichever is longer. Regular payday must occur no later than
ten days after that period closes.
For example, a 31-day calendar month is permitted because the statute uses the
longer of one calendar month or 30 days. The employer still must meet the
separate ten-day payday deadline.
A different period requires mutual agreement
The employer and employee may mutually agree on another wage- or salary-
payment period. The text does not describe a unilateral employer power to
replace the default schedule.
Boarded and lodged agricultural employees keep a statutory schedule
For the agricultural, horticultural, floricultural, stock-raising, and poultry-
raising work named in § 8-4-103(2), when the employer boards and lodges the
employee, the period may not exceed one month and payday may not lag more than
ten days after close.
Profit-sharing plans, pension plans, and similar deferred-compensation programs
are excluded from the article by § 8-4-103(3).
Current administrative claims reach $13,000
Since July 1, 2026, the Division may adjudicate a nonpayment claim of $13,000
or less, including a claim while employment continues. Direct court relief also
remains available. In an administratively enforced case, a failure to pay
without good-faith legal justification can produce a state fine of up to $50
per day for each unpaid employee.
What trips people up
The monthly pay-period cap and ten-day lag are separate. A lawful period length
does not excuse a payday that arrives more than ten days after close.
The default also has a contract feature uncommon among the states surveyed so
far: an alternative payment period is possible through mutual agreement. The
agreement should be assessed separately from the default calendar limit.
Common questions
May an ordinary Colorado pay period last 31 days?
Yes, when it is one calendar month. Section 8-4-103 uses one calendar month or
30 days, whichever is longer.
How soon after the period closes must payday occur?
No later than ten days under the default and the boarded/lodged agricultural
rule.
Do pension-plan payments follow this recurring-pay schedule?
No. Section 8-4-103(3) excludes profit-sharing, pension, and similar deferred-
compensation program payments from the article.
Statutes and sources
- C.R.S. § 8-4-101. Employee and employer coverage. Official Title 8 PDF
(accessed July 12, 2026). - C.R.S. § 8-4-103. Period length, payday lag, mutual alternative,
agricultural schedule, and deferred-compensation exclusion. Official Title 8 PDF
(accessed July 12, 2026). - C.R.S. § 8-4-111. Administrative claim jurisdiction. Official Title 8 PDF
(accessed July 12, 2026). - C.R.S. § 8-4-113. Administrative fine. Official Title 8 PDF
(accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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