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2024 Colorado household employment tax and labor law guide

Learn the current household employment requirements for families hiring a caregiver in Colorado.

2024 Colorado household employment tax and labor law guide

We understand that Colorado household taxes and payroll isn’t everyone’s specialty. That’s why we’ve combined all the state and federal tax and labor law information you’ll need. Check out the information below that HomePay is here to help with.

Checklist for Colorado household employers

We know you’re busy! Here’s a quick “to-do” list with links to extra details below.

Beginning of employment 

During employment 

Optional benefits for your employee

Ending employment

Beginning of employment 

Verify caregiver’s work eligibility

Before your employee begins to work, you need to fill out Form I-9 to verify they’re eligible to work in the U.S. The I-9 does not get sent to any government agency but must be presented to authorities if your nanny or senior caregiver’s employment eligibility is ever questioned.

Set up EIN & state tax account(s)

You must first apply for a EIN (Employee Identification Number) with the IRS. This will be used as your unique ID with both state and federal tax authorities. Then you can open an account with your state taxing authority.

Workers’ compensation

Household employers in Colorado are required to get coverage for workers’ compensation insurance if their employee works 40 or more hours or 5 days per week. These policies pay for medical expenses and lost wages if an employee has a work-related injury or illness. Obtain an instant quote and purchase a policy online, or contact our partner, Clarke White, at 804-267-1210 or wcnanny@allrisks.com.

Employment posters 

Families in Colorado are required to notify their employee of their rights by sharing these posters.

During employment 

File returns, remit taxes and manage correspondence

  • File state employment tax returns throughout the year and remit state employer and employee taxes.
  • Remit federal employer and employee taxes via 1040-ES estimated tax payment voucher four times each year.
  • Each year end, prepare Schedule H and file with Form 1040; prepare and distribute Form W-2 to each employee; file Form W-2 Copy A/Form W-3 with the Social Security Administration (SSA).
  • Manage ongoing alerts and notices from the state (tax rates and labor law is subject to change at any time).

Minimum wage rates

  • Colorado state – $14.42/hour
  • Boulder County (unincorporated areas) – $15.69/hour
  • Denver – $18.29/hour
  • Edgewater – $15.02/hour

Note: Whenever more than one minimum wage rate applies, employers are required to pay the higher rate.

Colorado overtime requirements

  • Live-out employees must be paid 1.5x their hourly rate for all hours worked over 40 in a workweek, 12 in a workday or 12 in a work shift.
  • Live-in employees are not required to be paid overtime. 
  • Overtime is not required to be paid when work is performed on a holiday. 

Colorado paid sick leave

Household employers in Colorado are required to provide up to 48 hours of paid sick leave to their employees each year. Sick time accrues at 1 hour for every 30 hours worked. Unused sick time can roll over to the next year, but employees cannot use more than 48 hours for the year.

Colorado Public Health Emergency Leave

Families are required to provide up to 80 hours of paid leave to their employee if the governor of Colorado issues an emergency declaration. Employees can use their paid leave from the time the emergency declaration is made until up to 4 weeks after the declaration ends. 

Optional benefits for your employee 

Health insurance

Families with only 1 employee can make contributions toward their employee’s health insurance premiums and treat the amount as non-taxable compensation. In this scenario, neither the employee nor the employer are required to pay any taxes on that portion of the compensation.

Families with 2 or more employees have 3 options:

  1. Set up an Individual Coverage Health Reimbursement Arrangement (ICHRA).
  2. Set up a Qualified Small Employer Health Reimbursement Arrangement (QSEHRA).
  3. Purchase a policy through SHOP (Small Business Health Options Program). 

Visit our health insurance page for more information about these options.  

Mileage reimbursements

The current federal mileage reimbursement rate is 67 cents per mile and only covers miles driven by your employee while on the job. Miles driven commuting are not eligible for reimbursement.

Ending employment 

Managing unused PTO 

Colorado household employers do not need to pay their employees for unused sick time but they must pay out unused vacation time.

Close down your state employment tax account(s)

The state tax agencies expect you to file timely returns for as long as your tax accounts are open — even to report $0 in wages paid.

Maintain payroll records

Household employers are required to keep wage records on file for at least three years.

The information contained in this article is general in nature, may not be applicable to your specific circumstances, and is not intended to be a substitute for or relied upon as personalized tax or legal advice.

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