Employment of Minors, Minimum Wages, Hours, Exemptions, Fines, and Procedures

Division of Labor Standards and Statistics
707 17th Street, Denver, CO 80202 | 303-318-8441
www.ColoradoLaborLaw.gov | www.LeyesLaboralesDeColorado.gov

Interpretive Notice & Formal Opinion ("INFO") #22A:
Employment of Minors, Minimum Wages, Hours, Exemptions, Fines, and Procedures

Overview

This INFO provides some information regarding work by minors under the Colorado Youth Employment Opportunity Act ("CYEOA"), C.R.S. Title 8, Article 12, Colorado Youth Employment Standards Rules, 7 CCR 1103-20 ("YES Rules"), other Colorado laws applicable to employees and employers generally, and the federal Fair Labor Standards Act ("FLSA").[^1] This INFO covers:

• Minimum wages for minors
• Permissible hours of work
• Exemptions to the CYEOA and how to request exemptions
• Procedures regarding complaints and how to submit them
• Penalties and damages applicable for violations of the CYEOA

Minimum Wages for Minors (C.R.S. § 8-6-108.5(1))

• Minimum wages adjust annually for inflation and are posted on www.ColoradoLaborLaw.gov.
• Colorado minimum wage laws apply to all Colorado employees, regardless of age or the applicable laws concerning types and hours of work. Employers can pay most minors[^2] 85% of the full Colorado minimum wage — for example, in 2026, $12.89 rather than the full $15.16 minimum.
• Only "non-emancipated" minors, not "emancipated" minors, can be paid the 85% minimum.
• A tip credit of up to $3.02 per hour may be applied to the minor's minimum wage, making the 2026 Colorado minimum for a tipped minor $9.87 — if all tip requirements are met (see the INFO #3 series).
• Underpaid minors are owed full minimum wage. Paying 85% of the full minimum is just an option employers "may" choose, not a requirement to reduce minors' pay. An employer paying less than 85% of the full minimum hasn't lawfully taken advantage of that option, so it owes the full minimum.

Example: A 14-year-old worked for $10.16 per hour for 10 hours in 2026. The employer could have offered and paid 85% of the full minimum ($12.89 per hour) but didn't. So, the minor is owed $50.00 in unpaid wages: $5.00 for each of the 10 hours paid only $10.16 rather than the full $15.16 minimum.

• Higher local minimum wages: Employers must pay any local minimum wage above Colorado's, such as in Denver, which allows the reduction of Denver's minimum wage to 85% for only city-certified youth employment program work.[^3]

Coverage of Federal and State Law Restricting Types and Hours of Work

• Colorado law covers all minor[^4] employees and independent contractors performing any work that must be paid.[^5]
• Federal law covers work for either (1) employers with annual revenue of at least $500,000; (2) hospitals, schools, or care facilities; (3) government agencies; or (4) any job participating in interstate commerce.
• Apply whichever is stricter if both federal and Colorado law apply. Examples:
• Federal law has a stricter age minimum (16) for certain tasks, like manufacturing, than Colorado (14). → Apply the stricter standard: 16 is the minimum for manufacturing work in Colorado.
• Colorado has a stricter age minimum (18) for weeks over 40 hours, or days over 8, than federal law (16). → Apply the stricter standard: 18 is the minimum for weeks over 40 hours, or days over 8, in Colorado.[^6]

Work Hour Restrictions (C.R.S. § 8-12-105; 29 C.F.R. § 570.35)

• Minors of Any Age: At most 40 hours per week, and 8 hours in any 24 hours.[^7]
• Under Age 16:
• Nights/mornings: no work from 7:00 pm (or 9:00 pm from June 1 to Labor Day) to 7:00 am[^8]
• School days: during school hours, no work, except with approval (detailed below); outside school hours but on school days, 3 hours maximum (including Friday)[^9]
• School weeks: 18 hours maximum in weeks with any school days

Work & School Release Permits, & Age Certificates (C.R.S. §§ 8-12-111, -113)

No work permit is required — but school-hours work isn't permitted before age 14, and at ages 14-15 except:

1. If federal law applies, then federal law allows school-hours work only under a USDOL-approved work experience, career exploration, or work-study program, with other requirements, including school and parent agreement.[^10]
2. If federal law is inapplicable or allows the work: Colorado requires a school release permit that a school can issue, for up to 30 days, based on a minor's best interests, with parent approval, employer confirmation of non-hazardous duty, and 3 class hours generally still required.[^11]

Age Certificate: To confirm that a minor is old enough for a specific job, an employer may, but doesn't need to, ask the minor for an age certificate, issued by the school or county where they live.[^12]

Exceptions and Exemptions

Exceptions apply to only permitted and prohibited duties. For more information on permitted and prohibited duties, as well as exceptions, see INFO #22B.

Exemptions are available to most provisions of the CYEOA but require Division approval. The Division will not approve exemptions without a statement by the minor or a lawful guardian stating that the exemption is desired.

Exemption Requests (C.R.S. § 8-12-104)

What exemptions can be requested. An employer, a minor (or their parent or guardian), or a school official or youth employment specialist may ask the Division for an exemption from certain CYEOA limits:

• An exemption may: allow duties ordinarily requiring a higher minimum age; allow longer hours than ordinarily allowed for the minor's age.
• An exemption may not: waive school release permit requirements; conflict with federal law (on duties, hours, etc.), if federal law applies to the work.

How exemptions are evaluated. With a focus on "the best interests of the minor involved,"[^13] exemptions are evaluated case by case, based on the information required to be submitted. The Division will consider at least the following factors:

1. the minor's training and knowledge of safety practices related to the work;
2. relative degree of safety, and any safety measures proposed by the employer;
3. educational impact, including the work's impact on the minor's ability to attend school and the educational benefits of the work itself;
4. overall impact on the health and well-being of the minor; and
5. benefits to the minor, including career growth potential, and whether the minor is fairly compensated for the work performed.

Exemptions will generally not be granted for work:

1. paid at less than the full minimum wage;
2. in excess of 55 hours per week or 10 per day, especially for work where fatigue is known to increase occupational hazards (e.g., landscaping, lifeguarding, and work in hot conditions);
3. after 10 pm or before 5 am;
4. in irregular shifts (i.e., shifts that are at widely varying times of day);
5. that interferes with the minor's schooling; or
6. for an employer previously found to have violated Colorado laws protecting employees.

How to request an exemption. Complete the Youth Law Exemption Form on the Youth Law page, which asks for details of the job, the applicable statute or rule (i.e., duties or hours limits), and why the employer believes the quantity and type of work are safe and appropriate for the minor. The form should address the factors above, and any other relevant factors. If a form is submitted by an employer, it should attach a statement by the minor or the minor's legal guardian stating that the exemption is desired by and in the best interest of the minor. If such a statement is not included, the Division will make limited efforts to contact the minor listed in the form. If the Division does not receive confirmation from the minor or legal guardian that the exemption is desired and in the minor's best interest, the exemption request will be denied. Submit the completed form by email ([email protected]), fax (303-318-8400), or mail (address above).

• Multiple minors may be included in a submission, as long as all required information is detailed for each including a statement by each minor or minor's legal guardian that the exemption is desired.
• If an employer has an exemption, then wants to employ another minor, it must submit another request. But if the job and duties are the same, it can refer to the prior request, adding details on the new minor.
• Submit requests in advance of the work, by several weeks or longer. The Division aims to respond in 14 days, but may need longer if many requests arrive in a busy period, if more information is required, etc.
• Exemptions apply to only the individual, duties, hours, and conditions described specifically in the request. A new request is required for any different individuals, or if duties, hours, or conditions change.

Complaints of Violations (C.R.S. § 8-12-115, YES Rules 3 through 6)

• Submit complaints on the Youth Law Complaint Form on the Division Youth Law page, by email ([email protected]), fax (303-318-8400), or mail (address above).
• Submit complaints about other labor violations affecting minors (wages, breaks, paid sick leave, etc.) on the Labor Standards Complaint Form on the Division Demands, Complaints, & Responses page.
• For violations of both youth law and any other labor laws, submit both kinds of complaints.
• The Division is only required to investigate claims filed by a minor or their authorized representative. Other individuals should submit information to the Division through the "Other CDLE Tips & Leads" form.
• The Division investigates complaints of CYEOA violations (e.g., hours or duties disallowed for the age) following a procedure codified in YES Rules 3 through 6 that mirrors the process for wage claim investigations found in C.R.S. § 8-4-111 and Rule 4 of the Wage Protection Rules, 7 CCR 1103-7, with certain modifications.
• The Division may resolve a complaint during its initial investigation and will notify the claimant and the employer if this happens.
• If the initial investigation does not resolve a valid complaint, the Division sends the employer a Notice of Complaint and sends both parties an explanation of the investigation procedure. The employer is required to respond in 21 days.
• After reviewing the employer's response and other relevant evidence from any source, the Division determines whether violations occurred.
• If the Division finds a violation, it issues a Citation and Notice of Assessment ordering damages payable to the claimant and fines payable to the Division. Remedies ordered will depend on factors including violation type and scope, and the number of employees impacted. Either party may appeal the Division's determination.

Penalties (Fines) and Damages (C.R.S. §§ 8-12-115, -116)

The CYEOA provides for fines (or "penalties," as used in the CYEOA) payable to the Division. Beginning January 1, 2025, it also provides for damages payable to the minor workers who experienced a CYEOA violation. The CYEOA authorizes a range of fine and damage amounts depending on the type and severity of the violation, whether it is an employer's first violation, and whether the violation was willful.[^14]

For violations that continue after a final Division order, the Division may order additional fines for each minor impacted on each day the violation continues under C.R.S. § 8-1-140(2), as incorporated in C.R.S. § 8-12-115(4)(b).[^15]

The table below shows the authorized range for each type of violation.

Remedies for On-the-Job Injuries (C.R.S. § 8-12-117)

• The Workers' Compensation Act and Division of Workers' Compensation cover all employed minors.
• As of July 1, 2023, minors also may seek remedies in litigation if injured during: (a) work prohibited by the CYEOA; or (b) a week in which an employer intentionally required hours prohibited by the CYEOA. Work is not prohibited by the CYEOA and litigation is not available for injuries if:
• the work was allowed by an exemption from this Division allowing the work (or allowing extra hours);
• the work was in an apprenticeship approved by Colorado's State Apprenticeship Agency; or
• the work was in an approved student-learner occupational education program.

For More Information: Visit the Division website, email [email protected], or call 303-318-8441. For federal law, see Child Labor Bulletin 101, visit www.dol.gov, or call 866-4USWAGE.

[^1]: U.S.C. Title 29, Chapter 8; see also FLSA regulations, including C.F.R. Title 29, Parts 570-579.
[^2]: The Colorado Minimum Wage Act defines the term "minor" to mean "any person of either sex under the age of eighteen years." C.R.S. § 8-6-103(5). It excludes "emancipated" minors who: self-support; are married living away from parents; or depend on work for well-being. C.R.S. § 8-6-108.5.
[^3]: Denver Municipal Code § 58-16(b)(4).
[^4]: "Minor," for the purposes of the CYEOA, means any person under the age of 18, except any person "who has received a high school diploma or a passing score on the general educational development examination." C.R.S. § 8-12-103(5); compare with C.R.S. §§ 8-6-103(5) and -108.5 (note 2, above).
[^5]: Covered "[e]mployment" is any work for "money or other . . . consideration, whether paid to the minor or to some other person, including . . . as a servant, agent, subagent, or independent contractor." C.R.S. § 8-12-103(4) (emphasis added).
[^6]: "Federal Child Labor Provisions Do Not: . . . limit the number of hours or times of day that workers 16 years of age or older may legally work, though many states do . . . ." Child Labor Bulletin 101, p.2.
[^7]: C.R.S. § 8-12-105(4). Exceptions to these hours limits: (1) during an emergency the Division authorizes; and (2) in seasonal, piece-rate, harvest work, up to 12 hours per 24 hours, and 30 hours per 72 hours, as of age 14 — but only 10 days of over 8 hours in a 30-day period at ages 14-15. Also, overtime pay is required after 40 hours weekly or 12 daily (see INFO #1).
[^8]: This standard is from federal law. 29 C.F.R. § 570.35(a)(6). If state but not federal law applies, the CYEOA prohibits work from 9:30 pm to 5:00 am before school days, except babysitting. C.R.S. § 8-12-105(3).
[^9]: This standard is from federal law. 29 C.F.R. § 570.35(a). If state but not federal law applies, the CYEOA limit is: at most 6 hours per day, unless the next day isn't a school day. C.R.S. § 8-12-105(2).
[^10]: 29 C.F.R. §§ 570.36-37. For details or more information on federal law, consult the USDOL or its materials.
[^11]: See C.R.S. § 8-12-113(2) for the other details required. Also, the permit must be issued by a board of education or superintendent, or a person they designate, and the 3-hour class requirement can be waived for "extreme hardship."
[^12]: An employer must keep certificates available for Division review and return them to minors when jobs end. Certificate information includes: name, address, birth date, and description of minor; date issued; issuing officer name and position; and the evidence accepted as age proof (birth certificate, passport, etc.). C.R.S. § 8-12-111.
[^13]: C.R.S. § 8-12-104(3).
[^14]: See Rule 2.18 of the Wage Protection Rules, 7 CCR 1103-7, for the applicable definition of "willful." The Division may reduce or decline to impose certain fines or damages only if the minor misled the employer about their age, or if the employer verified the minor's age from a reliable source.
[^15]: For violations of the CYEOA before January 1, 2025, the Division may impose fines following a final order to cease a violation, in accordance with C.R.S. § 8-12-115(4)(a),(b).

INFOs are not binding law, but are the officially approved Division opinions and notices on how it applies and interprets various statutes and rules. The Division continues to update and post new INFOs; email [email protected] with any suggestions. To be sure to reference up-to-date INFOs, rules, or other material, visit ColoradoLaborLaw.gov. Last updated June 3, 2026