PEO in Colorado
Colorado's FAMLI paid family and medical leave, the Healthy Families and Workplaces Act sick time programme, and the 2022 non-compete restrictions taken together drive most of the compliance surface a PEO absorbs for a Colorado client of record.
Last verified by Priya Shah.
| SUI wage base | $27,200 Colorado Department of Labor and Employment · Verified 2026-07-06 |
|---|---|
| New employer SUI rate | 1.7% (non-construction) Colorado Department of Labor and Employment · Verified 2026-07-06 |
| State minimum wage | $14.42/hr Colorado Division of Labor Standards · Verified 2026-07-06 |
| Workers' comp market | Competitive private market with Pinnacol Assurance Colorado Division of Workers' Compensation · Verified 2026-07-06 |
| State FMLA analog | None — federal FMLA applies where thresholds are met US DOL Wage & Hour Division · Verified 2026-07-06 |
| Paid family/medical leave | FAMLI — 12 wks paid family & medical leave, employer/employee split Colorado FAMLI Division · Verified 2026-07-06 |
| Non-compete status | Restricted to workers above highly-compensated threshold (HB22-1317) Colorado Revised Statutes §8-2-113 · Verified 2026-07-06 |
Colorado's Family and Medical Leave Insurance programme is administered by the FAMLI Division of the Department of Labor and Employment, funded by a premium split between employer and employee, and pays up to twelve weeks of leave for qualifying family and medical events. Under co-employment, the PEO administers the split withholding through its payroll platform and files the quarterly premium report against its own FAMLI account, while the benefit itself is decided and paid by the state directly to the employee. A private-plan option exists but requires FAMLI approval and equivalent benefits; most PEO placements default to the state plan because it eliminates the plan-approval overhead at onboarding.
The Healthy Families and Workplaces Act layers a paid sick leave accrual on top of FAMLI at one hour per thirty hours worked, capped at forty-eight hours per year, and adds a public-health-emergency top-up when triggered. Accrual begins at the first hour of work and does not reset on migration to a PEO's payroll, so the onboarding data feed must carry balances forward. HFWA usage cannot be conditioned on advance notice for unforeseeable absences, which affects how a PEO configures its time-off approval workflows for a Colorado headcount.
Recent Colorado legislation substantially narrowed non-compete enforceability in Colorado. Non-competes are now presumed void except against workers whose annualised compensation exceeds the highly-compensated employee threshold and where the covenant is otherwise reasonable, and the notice-in-advance requirement means a covenant delivered on day one of employment without prior written notice is generally unenforceable. A PEO onboarding a Colorado client should stage a review of any covenants relied upon at intake, because migration onto co-employment is not itself an event that cures a defective covenant.
Workers' compensation in Colorado runs in a competitive private market that includes Pinnacol Assurance, the state-chartered mutual carrier. A PEO's master policy is typically written on a private carrier, so a client migrating from Pinnacol effectively moves coverage rather than keeping it, and the loss-run history from Pinnacol is portable to the master carrier but does not immediately overwrite the PEO's own experience modifier. First-year premium under the master runs off the PEO's mod, not the client's, which is a meaningful cost item in either direction.
The Colorado Equal Pay for Equal Work Act imposes pay-range disclosure obligations on all job postings, promotion notices, and internal advancement opportunities visible to Colorado employees. A PEO's applicant tracking and job-posting integrations must honour the disclosure requirement across every posting a Colorado employee can see, including postings for out-of-state roles that are open to remote applicants. Enforcement risk sits jointly with the PEO's platform and the client's hiring managers.
For sibling comparisons: Washington's PEO reference is the closest analog on state paid-leave posture with a split premium, Illinois's PEO reference sits alongside Colorado on progressive earned-sick-leave design, and the class-code weighting table walks the codes that most drive Colorado premium under a master policy. The per-field refresh cadence documents how each figure on this page is refreshed against CDLE, FAMLI, and DWC publications.
What this doesn't cover
This page reports how Colorado statute and regulation reshape a PEO placement — FAMLI premium mechanics, HFWA sick time accrual, the narrowed non-compete rules, and the competitive workers'-comp market that includes Pinnacol. It does not price a specific PEO arrangement and does not opine on which of the Colorado-active PEOs is best for a given headcount or industry profile.
Other states
Related references
- Model a PEO admin fee against in-house payrollPer-employee-per-month and percent-of-payroll pricing compared
- Check whether a PEO is ESAC accreditedHow the bond works and what to verify before signing
- Estimate a workers' comp premium by class codeRate, payroll and experience modifier inputs
- Who carries liability under co-employmentHow wage, tax and safety duties split with a PEO