The Division of Labor Standards and Statistics refers to the Amended Colorado Minimum Wage Order Number 35 (hereafter referred to as the Wage Order) to answer questions about exempt and non-exempt employees. The Administrative, Executive or Supervisor, Professional, and Outside Salesperson exemptions in the Wage Order pertain only to the industries covered by the Wage Order.

Employees and employers should be aware that they may also be covered by the Fair Labor Standards Act and should contact the United States Department of Labor at 720-264-3250 for additional information.


Not all salaried employees are exempt. To be exempt under the Wage Order, the employee must meet the criteria for the relevant exemption. If the employee doesn't meet the criteria, the employee is non-exempt and is entitled to all of the protections of the Wage Order, including overtime, rest, and meal periods.


Amended Colorado Minimum Wage Order Number 35 (Sections 5 and 6)

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