Colorado Labor Laws Regarding Holiday Pay
- Colorado employers usually do not have to give paid holidays.Colorado image by michael langley from Fotolia.com
The United States Department of Labor, which enforces the federal wage and hour laws, says the Fair Labor Standards Act (FLSA) does not require employers to give paid holidays to workers. Colorado has its own Wage and Hour Division, which determines the criteria for holiday pay in Colorado. - The Colorado Department of Labor and Employments says Colorado employers are not required to give paid holidays. Therefore, the decision to pay employees for days off due to a holiday is entirely up to the employer. Employers generally give paid holidays to full-time employees as a method of retaining their workers and to recognize national holidays. Colorado recognizes the following national holidays, according to Thomson Reuters: Labor Day, Christmas, New Year's Day, Martin Luther King, Jr.'s birthday, Thanksgiving, Presidents Day, Memorial Day, Veteran's Day, Columbus Day, and Independence Day. Holiday hours are usually paid at the employee's regular (straight-time) pay rate.
- Colorado law requires employers pay overtime at one-and-one-half times the employee's regular pay rate in either of the following circumstances: hours exceeding 40 per workweek; hours exceeding 12 per workday; and hours exceeding 12 consecutive hours regardless of when the workday starts or ends, except for during work-free meal periods. The employer should use the calculation that gives the employee the most pay.
If the employee does no work on a holiday but gets paid for it, the holiday hours should not be included in overtime pay. For example, if she works 36 hours and has eight holiday hours, the employer should pay the entire 44 hours at the regular pay rate. The employer should regard the holiday hours as overtime only if the employee actually works the hours and they result in overtime. Some employers give double-time pay for hours worked on holiday, but Colorado law and federal law do not require it. - Contractors and subcontractors performing work under a government contract are often paid prevailing wages. The wages depend on the job type and the work county. Under the Davis Bacon and Related Acts (DBRA), contractors performing construction work on federal construction contracts that exceed $2,000 must pay their workers at least the prevailing wages and fringe benefits rates according to the job type and county. If the labor standards of the DBRA apply, Colorado contractors should receive holiday pay if the contract states it as a requirement for workers of a specific classification. For example, the prevailing wages for a bricklayer in the county of Alamosa require hourly wages of $22.32 and fringe benefit (such as vacation or holiday pay) hourly wages of $8.09 (as of August, 2010).
General Rule
Overtime Policy
Government Contract
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