On-Call Laws in Colorado (2026): Getting Paid for Waiting

Most people think on-call time is just part of the job. No big deal, right? Wrong. In Colorado, whether you get paid for being on-call depends on how much control your employer has over your time. The rules are strict, and honestly, a lot of employers get this wrong.

Let’s break down exactly what you need to know about on-call pay in Colorado. Trust me, this one’s important.

What Does On-Call Actually Mean?

On-call work means you’re required to be available outside your regular work hours. Your employer might call you in to handle emergencies, cover shifts, or deal with unexpected situations. Pretty straightforward.

But here’s where it gets tricky. Not all on-call time is the same. Some on-call time must be paid. Other on-call time doesn’t have to be paid at all.

The difference comes down to one big question. How much freedom do you actually have?

The Two Types of On-Call Time

Colorado follows federal guidelines on this one. The law recognizes two different types of on-call situations. They’re called “engaged to wait” and “waiting to be engaged.”

Yep, those names sound confusing. Let me explain.

Engaged to Wait (You Get Paid)

You’re engaged to wait when your employer controls your time. Basically, you can’t use your off-hours for yourself. You’re stuck waiting for that call to come in.

This happens when your employer puts serious restrictions on you. Maybe you have to stay on the work premises. Maybe you can’t leave a certain area. Maybe you have to respond within 15 or 20 minutes.

If your personal time is basically gone, you’re engaged to wait. And you must be paid for every minute of it.

Waiting to Be Engaged (Usually Not Paid)

You’re waiting to be engaged when you have real freedom during your on-call time. You can go home. You can run errands. You can watch movies, go to dinner, live your life.

Sure, you need to be reachable by phone or pager. But you’re not stuck in one place. You can actually use your time for personal stuff.

This type of on-call time usually doesn’t have to be paid.

How Colorado Decides What’s Compensable

Wondering if your on-call time should be paid?

Colorado courts and the Department of Labor look at several factors. None of these factors alone decides everything. They look at the whole picture together.

Here’s what matters most.

Location Restrictions

Do you have to stay at work? That’s almost always paid time. No question.

Do you have to stay within a certain distance from work? This gets complicated fast. Courts have found that requiring employees to stay within a 20-minute response radius seriously limits personal freedom.

Think about it. In Denver traffic, 20 minutes doesn’t get you very far. You basically can’t leave your neighborhood. That’s a major restriction.

Response Time Requirements

How fast do you need to respond when called?

If you have to respond within 15 to 30 minutes, that’s usually considered restrictive enough to make the time compensable. You can’t really go anywhere. You can’t drink alcohol. You can’t do much of anything.

Longer response times, like two hours, give you more freedom. Courts are less likely to say that’s paid time.

Frequency of Calls

How often does your phone actually ring during on-call periods?

If you’re getting called constantly, that matters. The more calls you get, the more likely courts will say you’re engaged to wait. Your time isn’t really your own if you’re always responding to work.

If calls are rare, like once or twice during an entire on-call week, you have more freedom. That points toward waiting to be engaged.

Personal Activity Restrictions

Can you actually do normal life stuff while on-call?

Some employers restrict what you can do. No drinking alcohol. No leaving town. No activities that might make you unavailable.

These restrictions matter a lot. The more rules your employer puts on your personal time, the more likely you should be getting paid.

Technology and Equipment Requirements

Do you need special equipment to respond? Do you need immediate access to work systems?

If you’re carrying around a laptop and have to log in within minutes, that limits your freedom. If you just need a phone to check if you’re needed, that’s less restrictive.

Colorado’s Specific Rules

Here’s where Colorado gets stricter than federal law.

The state follows something called the COMPS Order. That stands for Colorado Overtime and Minimum Pay Standards. This order gets updated every year, and it covers on-call time along with other wage and hour issues.

Minimum Wage Requirements

If your on-call time is compensable, you must be paid at least Colorado’s minimum wage. As of 2025, that’s $14.81 per hour for most workers.

Some cities in Colorado have higher minimum wages. Denver’s minimum wage is $18.29 per hour in 2025. Make sure you’re getting paid the right rate for where you work.

Overtime Rules

Colorado has unique overtime rules. You get overtime pay in three situations:

Working more than 40 hours in a week. Working more than 12 hours in a day. Working more than 12 consecutive hours.

Whichever calculation gives you the most money is what you get.

Now here’s the important part. If your on-call time counts as work time, it adds up toward these overtime thresholds. Those hours count.

Let’s say you work 30 regular hours plus 20 hours of compensable on-call time. That’s 50 hours total. You get 10 hours of overtime pay.

The One-Minute Rule

Colorado requires payment for any work activity that takes longer than one minute. This applies to on-call situations too.

Checking in, putting on required gear, logging into systems. If it takes more than one minute, you get paid.

This rule is stricter than federal law. Lots of states use a “de minimis” exception for tiny amounts of time. Colorado basically doesn’t.

Common On-Call Situations in Colorado

Let’s look at real examples. These situations come up all the time.

Healthcare Workers

Nurses, doctors, and other medical staff often work on-call shifts. The rules here depend on the restrictions.

If you’re required to stay at the hospital, that’s paid time. Period.

If you can go home but must respond within 20 minutes, that’s probably paid time too. You can’t really do anything in 20 minutes.

If you have a two-hour response window and rarely get called, that might not be paid time.

IT and Tech Support

IT workers frequently have on-call duties. Sometimes they just carry a phone. Other times they need their laptop, VPN access, and the ability to log in immediately.

The level of restriction matters here. If you need to be sitting near your computer ready to troubleshoot within minutes, that’s pretty restrictive. If you just check your phone occasionally and can handle most issues the next day, you have more freedom.

Property Management

Property managers often take emergency calls for after-hours issues. Burst pipes, lockouts, security concerns.

Response time requirements make a big difference. If you need to physically show up at a property within 30 minutes, your movement is seriously limited. If you can make a phone call and send a contractor the next day, you have more flexibility.

Utility and Emergency Services

Electricians, plumbers, and emergency responders commonly work on-call. These jobs often require fast response times and specific geographic restrictions.

Courts usually find these situations to be compensable on-call time. The restrictions are just too significant.

What Employers Must Track

Colorado requires detailed record-keeping. Employers can’t just wing it with on-call pay.

They need to track:

All on-call schedules showing who’s on-call and when. Logs of every call received during on-call periods. Time records showing how long each employee was on-call. Documentation of any response time requirements. Records of geographic or activity restrictions. Proof of proper payment for compensable on-call hours.

These records must be kept for at least three years. Actually, smart employers keep them longer. Wage disputes can pop up years later.

What Happens If You’re Not Getting Paid Correctly

Not getting paid for on-call time you should be getting paid for? That’s a wage violation under Colorado law.

You have options.

Filing a Complaint

You can file a complaint with the Colorado Division of Labor Standards and Statistics. They investigate wage violations and can help recover unpaid wages.

The process is free. You don’t need a lawyer to file a complaint, though having one can help.

Wage Claims and Lawsuits

You can also file a wage claim or lawsuit in court. Colorado law allows you to recover unpaid wages plus interest. In some cases, you might get double damages.

You have two years from the date of the violation to file a wage claim. Don’t wait too long.

Protection from Retaliation

Colorado law protects employees who speak up about wage violations. Your employer cannot fire you, demote you, or punish you for complaining about unpaid on-call time.

If they do, that’s illegal retaliation. You have another legal claim on top of the wage violation.

How to Protect Yourself

Want to make sure you’re getting paid correctly for on-call time?

Here’s what you should do.

Document Everything

Keep your own records. Write down every time you’re on-call. Note the dates, times, and any restrictions your employer placed on you.

Save emails and text messages about on-call duties. Take screenshots of schedules. Build your own paper trail.

This documentation becomes super important if you need to file a complaint later.

Know Your Rights

Read your employee handbook. Check your employment contract. Understand what your employer says about on-call pay.

If the handbook is silent or unclear, that’s a red flag. Ask questions. Get clarification in writing.

Ask Questions

Not sure if you should be getting paid? Ask your supervisor or HR department. Put your question in writing, like an email.

If they say you’re not entitled to on-call pay, ask why. Get their reasoning documented.

Get Legal Advice

When in doubt, talk to an employment lawyer. Many lawyers offer free consultations for wage and hour issues. They can review your specific situation and tell you if you have a claim.

Don’t assume your employer is right just because they say so.

Special Situations and Exceptions

Some situations don’t fit the normal rules. Here are a few special cases.

24-Hour Shifts

Some employees work 24-hour shifts, especially in healthcare or emergency services. Colorado allows employers to exclude up to 8 hours of sleep time from pay if:

You have a clear agreement about excluding sleep time. The employer provides adequate sleeping facilities. You can actually get at least 5 hours of uninterrupted sleep. You’re not required to perform work during sleep time.

If work interrupts your sleep so you can’t get 5 hours, the whole sleep period must be paid.

Agricultural Workers

Farm and ranch workers have different overtime rules. They get overtime after 48 hours per week instead of 40. But the basic on-call principles still apply.

If a rancher requires employees to stay on the property and respond to emergencies with livestock, that’s likely paid on-call time.

Exempt Employees

Salaried exempt employees don’t get overtime pay. But they still need to be paid for on-call time that counts as work under the engaged to wait standard.

The calculation is just different. Their salary needs to cover all hours worked, including compensable on-call time.

Tips for Employers

Running a business in Colorado? Here’s how to stay compliant with on-call pay rules.

Create Clear Policies

Write down your on-call policy. Be specific about:

Who’s required to be on-call and when. What restrictions apply during on-call time. How employees should respond to calls. How on-call time will be compensated.

Make sure employees sign acknowledgment forms showing they understand the policy.

Minimize Restrictions When Possible

The fewer restrictions you place on employees, the less likely you need to pay for on-call time.

Give longer response windows if possible. Let employees go wherever they want when off duty. Avoid geographic restrictions unless absolutely necessary.

Less control equals less pay obligation.

Track Everything Accurately

Invest in good timekeeping systems. Make sure on-call hours are properly logged and calculated.

Audit your payroll regularly. Catch mistakes before they become lawsuits.

Consult Legal Counsel

Colorado’s wage and hour laws are complex. Get advice from an employment lawyer before implementing on-call policies.

The upfront cost of legal advice is way cheaper than defending a wage claim later.

The Bottom Line on Colorado On-Call Laws

On-call pay in Colorado comes down to control. The more control your employer has over your time, the more likely you should be getting paid.

If you’re engaged to wait, you get paid. If you’re waiting to be engaged, you probably don’t.

Look at the specific restrictions. How fast do you need to respond? Where can you go? What can you do?

Colorado takes wage violations seriously. Employers who don’t pay for compensable on-call time face real consequences. Employees who aren’t getting paid have real options.

Know your rights. Document your situation. And don’t be afraid to speak up if something seems wrong.

Frequently Asked Questions

If I have to carry a pager or cell phone while on-call, does that mean I’m working?

Not automatically. Carrying a phone or pager doesn’t make on-call time compensable by itself. What matters is how restricted your freedom is. If you can go anywhere and do anything while carrying the device, you’re probably waiting to be engaged. If the device comes with strict response time requirements that limit your movement, it might be different.

My employer requires me to stay within 30 minutes of work while on-call but doesn’t pay me. Is this legal?

Probably not. Colorado courts have generally found that 20-30 minute response requirements significantly restrict personal freedom. This typically makes on-call time compensable. You should document this restriction and consider filing a wage complaint with the Colorado Division of Labor Standards and Statistics.

Can my employer make me abstain from alcohol during on-call periods without paying me?

This is complicated. Employers can restrict alcohol consumption, but if that restriction combines with other limitations (short response times, geographic restrictions), it strengthens the argument that you should be paid. The restriction alone might not require payment, but it’s a factor courts consider when looking at the total level of control.

Do I get overtime if my on-call hours push me over 40 hours for the week?

Yes, if those on-call hours are compensable work time. Colorado requires overtime for hours over 40 per week, over 12 per day, or over 12 consecutive hours. Compensable on-call time counts toward these thresholds just like regular work hours.

What’s the difference between on-call time and call-back time?

On-call time is when you’re required to be available but not actively working. Call-back time is when you’re actually called back to work. Call-back time is always compensable. You must be paid from the moment you’re contacted until you’re released from duty. This includes travel time to and from the worksite in most cases.

References

1. Colorado Overtime and Minimum Pay Standards (COMPS) Order – https://cdle.colorado.gov/
2. Fair Labor Standards Act (FLSA) On-Call Time Guidance – https://www.dol.gov/agencies/whd
3. Colorado Division of Labor Standards and Statistics – https://cdle.colorado.gov/dlss
4. Colorado Wage Act (C.R.S. 8-4-101 et seq.) – https://leg.colorado.gov/
5. Colorado Department of Labor and Employment Wage Complaint Process – https://cdle.colorado.gov/wage-complaints