Colorado law requires employers to furnish to the employee an itemized paycheck that details their wages earned, taxes deducted, and other inclusive details of their pay period. The paycheck given to employers must be made available to the employee once or twice a month or at the time of payment of wages or compensation.
When Must Paychecks Be Sent Out?
The timeline for getting a paycheck can vary depending on the employment agreement between the employer and employee. If there is no agreement, Colorado wage and hour laws provides that all wages and compensation must be due for regular pay periods no greater than one calendar month or thirty days, whichever is longer. Regular paydays must be no later than 10 days following the close of the last pay period. The paychecks in those pay periods described above do not apply to reimbursement payments due an employee under a profit-sharing plan, a pension plan, or other similar deferred compensation plans that the employee is under in their work. Most states specify when your final paycheck is due by. A list of these requirements can be found at the Department of Labor (DOL).
What Happens If You are Fired?
In Colorado, if an employee is fired or terminated, the employer must immediately give the employee their final paycheck after the termination or within (6) hours the next business day that the workplace is open or in business. If the payroll office is off-site, the employer must give the terminated employee their final paycheck within 24 hours of his or her termination. If the employee quits his or her job, the employee is not eligible to a final paycheck until the next regularly scheduled pay date.
If the employee is terminated and they still have unused accrued vacation time left over, the employer has to pay it all out in the final paycheck that is being issued to the employee.
Can Your Paycheck be Garnished?
Most creditors cannot do wage garnishment from your paycheck until they have received a court older. However, there are some exceptions. A creditor may garnish your wages from your paycheck without court judgment for the following:
- unpaid income taxes
- collect child support
- defaulted student loans.
In Colorado, your wage can be garnished from your paycheck to a limit. They want the employee to be able to have a enough money left over to pay living expenses. This is because Federal law has placed wage garnishment limits on wage garnishment amounts. While states are free to impose stricter limits, Colorado has not placed any stricter limits meaning that federal law governs this area.
Can You Recover a Withheld Paycheck?
There are no events under which an employer can entirely withhold a final paycheck under Colorado law. Employers are required to issue a final paycheck containing compensation for all earned, unpaid wages, and vacation time. If your employer has held your final paycheck that you are owed, make sure you notify your HR department or hire an employment lawyer to assist you in the matter. The employer may be legally obliged to include all of 1) payment for hours worked, 2) payment for your notice period, and 3) payment of any accrued leave and other entitlements in full as part of your final paycheck.
Where Can You Find the Right Lawyer?
If your employer has withheld an amount from your final paycheck for property you kept, a Colorado employment lawyer may be able to help. The laws in your state might prohibit a withholding, or if you have not kept any property, you might have a wrongful termination claim. An employment lawyer can help you evaluate the circumstances of your termination.