Child Labor Laws in Colorado: Youth Employment Rules

The federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 212, and accompanying Department of Labor regulations (29 C.F.R. Part 570) establish the foundation for child labor protections nationwide. Federal law prohibits oppressive child labor and sets minimum age requirements: children under 14 are generally prohibited from non-farm work, with limited exceptions for newspaper delivery and entertainment; children 14–15 may work in permitted occupations (retail, food service, clerical) subject to hour restrictions (3 hours on school days, 8 hours on non-school days, 18 hours during school weeks, 40 hours during non-school weeks); and children 16–17 are permitted to work in most jobs except those deemed hazardous by the Secretary of Labor.

Federal law defines hazardous occupations including mining, logging, power equipment operation, roofing, and jobs involving explosives or toxic substances. The FLSA applies to all employers engaged in interstate commerce with annual gross revenues of $500,000 or more, though many states extend coverage more broadly. The Department of Labor Wage and Hour Division enforces federal child labor standards and may assess penalties up to $10,000 per violation and up to $50,000 for repeated violations. States may impose stricter standards, and employers must comply with whichever law provides greater protection.

Colorado Revised Statutes § 34-33-101 et seq. provides youth employment protections that generally align with but in some respects strengthen federal standards. Colorado requires work permits (issued by schools or the Department of Labor) for all employees under 16 working in non-agricultural employment, a requirement that goes beyond federal law and creates an additional administrative compliance burden for employers.

Under Colorado law, minors under 16 are limited to 3 hours of work per day on school days, 8 hours per day on non-school days, 18 hours per week during school weeks, and 40 hours per week during non-school weeks—matching federal FLSA standards. However, Colorado extends these hour restrictions to 16- and 17-year-old minors as well in certain contexts, though the specific application depends on whether the work is hazardous.

Colorado Revised Statutes § 34-33-104 prohibits minors under 16 from working in hazardous occupations, with a definition that tracks federal standards but includes state-specific enforcement. Prohibited work for minors under 16 includes mining, quarrying, power equipment operation, roofing, handling explosives, working with toxic chemicals or pesticides, and construction work involving hazardous conditions. Minors 16–17 face restrictions on hazardous work but have slightly more flexibility than younger minors in certain contexts, though hazardous occupations remain largely off-limits.

Colorado law applies to all employers covered by the state wage and hour laws, including those with fewer than the federal thresholds—effectively extending protection to more workers than federal law alone. The state does not provide exemptions for family businesses in the same way some states do, though agricultural employment is governed under separate provisions. Colorado Revised Statutes § 34-33-110 establishes civil penalties of $50–$500 per violation, which are enforced by the Colorado Department of Labor, Division of Labor Standards and Statistics. Unlike the FLSA, Colorado does not provide a private right of action for wage claims, meaning violations must be pursued through the state agency or via state wage/hours statutes.

Colorado law contains several important exceptions and nuances that employers must understand. Agricultural employment is governed separately under Colorado Revised Statutes § 34-33-106 and is largely exempt from the work permit requirement and some hour restrictions, allowing minors to work on farms operated by their parents or relatives. The agricultural exemption does not extend to agricultural processing or manufacturing facilities—only on-farm work qualifies.

Newsboy/newspaper delivery is exempt from the age and hour restrictions under Colorado law, consistent with federal standards, though the work must be performed primarily before or after school hours. Minors may work in entertainment or modeling with appropriate restrictions and parental consent, though such work still requires compliance with hour limitations in most cases.

Colorado law does not provide an automatic exemption for small employers; work permit requirements apply regardless of business size. However, certain types of work—such as babysitting, yard work, or domestic service performed for an individual rather than a business—fall outside the definition of employment subject to these rules.

At-will employment principles do not override youth employment protections; an employer cannot contract away these statutory requirements. Union-represented minors are subject to the same work hour and hazardous-job restrictions as non-union minors, though collective bargaining agreements may provide additional protections. The federal seasonal exemption for certain agricultural work does not negate Colorado's stricter permit requirement for minors under 16. Additionally, compliance with federal FLSA standards does not guarantee compliance with Colorado rules—employers must meet the stricter standard where the two differ.

Step 1: Document the violation. If you are a young worker or guardian, preserve evidence immediately: take screenshots or photos of schedules showing hours worked, pay stubs and timecards, messages from managers regarding work assignments, and dates/times of work performed. Write a detailed summary with specific dates, times, and types of tasks assigned. Keep originals of the work permit (or lack thereof) and any communications about the position. If you are an employer, maintain contemporaneous documentation of work hours, break periods, hazard training provided, and job assignments to demonstrate compliance.

Step 2: Pursue an internal complaint process. Although not required by law, filing an internal complaint with your employer's HR or management can sometimes resolve violations quickly. Provide a written letter (email is acceptable) to your supervisor, HR department, or owner stating the specific violation(s)—for example, 'I worked 6 hours on a school day on [specific date], exceeding the 3-hour limit,' or 'I was assigned to operate a power saw despite being under 16, which violates Colorado law.' Request written confirmation of receipt. This creates a documented record and gives the employer a chance to correct the issue. If the employer retaliated or refused to correct the violation within a reasonable period (5–10 business days), escalate to the state agency.

Step 3: File a complaint with the Colorado Department of Labor. The agency responsible for enforcing youth employment laws is the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment (CDLE). You may file a written complaint online at the CDLE website (www.colorado.gov/cdle) or by mail to: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, 633 17th Street, Suite 700, Denver, CO 80202. Telephone: (303) 318-8441. In your complaint, include your name and contact information, employer's name and address, specific violations (with dates and times if possible), work permit status, hours worked, and any hazardous job assignments. Include copies of timecards, schedules, pay stubs, and any relevant communications. The state agency accepts complaints from the worker, a parent/guardian, or any concerned party. Filing is free and confidential. The deadline for filing varies depending on the violation, but complaints should be filed as soon as possible after the violation occurs; there is no formal statute of repose, but older complaints may be harder to investigate.

Step 4: Expect the investigation process. After you file, the CDLE's Division of Labor Standards and Statistics will conduct a preliminary review to determine whether there is a reasonable basis for the complaint (typically within 15–30 days). If they find merit, they will contact the employer and request documentation (timecards, payroll records, work schedules, job descriptions). An investigator may interview you, the employer, coworkers, and supervisors. The investigation typically takes 4–8 weeks but may take longer if the employer contests the allegations or if documents are incomplete. During this period, the agency may issue subpoenas for records if needed. Once the investigation concludes, the CDLE will issue a determination letter stating whether a violation occurred and, if so, whether a penalty will be assessed. You have a right to request an appeal if the determination is unfavorable.

Step 5: When to consult an attorney. Consult an employment attorney if (1) the employer retaliates against you for filing a complaint (which is illegal under Colorado law); (2) the CDLE investigation stalls or the agency appears unresponsive; (3) you have suffered significant injury (physical injury from hazardous work, psychological harm) and wish to pursue civil damages beyond penalties; (4) you are also owed unpaid wages, which may entitle you to damages plus attorney's fees under the Colorado Payment of Wages Law; or (5) the investigation is complete and you disagree with the determination and believe the evidence supports a stronger enforcement action. An attorney specializing in employment law can represent you in appeals to the CDLE and may help recover unpaid wages and penalties. Colorado law may allow recovery of attorney's fees in certain contexts, so consult with an attorney about whether you have a basis for cost recovery.