Employers have a legal obligation to pay their employees the wages, bonuses, and other compensation they’ve earned. An employee with an unpaid wage claim could have several options for pursuing and recovering compensation from their employer.
If your employer has refused or failed to pay you what you earned, turn to our Denver unpaid wages lawyers to help you understand your legal options and seek the money you’re owed.
For more than 40 years, The Wilhite Law Firm has defended workers’ rights throughout Colorado. We have successfully represented hundreds of employees who were victimized by unscrupulous employers.
If you believe that your employer has not paid you all the wages you have earned, reach out to the employment attorneys at The Wilhite Law Firm today for an initial case review.
What Are Colorado Wage Act Protections for Wages and Pay Rates?
The Colorado Wage Act, also known as the Colorado Wage Law, the Colorado Wage Claim Act, or the Colorado Wage Protection Act, imposes a legal obligation on employers to pay workers their earned wages on time. Some of the most significant wage and pay rate protections under the law include:
- Colorado’s minimum wage – As of January 1, 2022, all hourly wage workers in Colorado must be paid an hourly minimum wage of at least $12.56. Employers who employ tipped workers may offset up to $3.02 per hour of tips received by a worker.
- Overtime pay – Non-exempt employees are entitled to be paid one and a half times their regular pay rate for work that exceeds 40 hours in a workweek, 12 hours per workday, or 12 consecutive hours regardless of the start and end of the workday.
- Pay periods – Unless otherwise agreed to by an employer and employee, pay periods may not last longer than one month or 30 days, whichever is longer. Paydays must occur within 10 days of the close of a pay period. Employers must provide employees with an itemized pay statement at the time of payment.
- Vacation pay – Any paid vacation time is considered wages or compensation, and any earned vacation time must be paid as income to an employee upon their separation.
- Sick time – Employers must provide up to 48 hours of sick leave per year and up to 80 hours of leave per public health emergency.
- Pay deductions – Employers are required by law to deduct income taxes, Social Security and Medicare contributions, garnishments, and any court-ordered deductions. Employers could also deduct costs of insurance, savings plans, union dues, or pension plans at the employee’s revocable election. Employers may not deduct wages for damage or depreciation of employer property or a fine based on the employee’s behavior or performance.
- Bonuses and commissions – Any non-discretionary bonuses or commissions earned by an employee according to their agreement with their employer are considered earned wages or compensation and must be paid before or upon separation from employment provided they are determinable.
- Final pay – On termination of employment, all earned pay is immediately due and payable, but no later than the employer’s next regular workday. If a worker resigns from their job, their final wages may be delivered upon the employer’s next regular payday.
How Do I File Colorado Department of Labor and Employment Unpaid Wage Claims?
When you believe that your employer has failed to pay you what you’ve earned or are entitled to under your contract, employee agreement, or Colorado law, you could be eligible to file an unpaid wage claim with the Colorado Department of Labor and Employment. This state department has jurisdiction to investigate all claims of unpaid wages and to order corrective action for employers when the department verifies unpaid wage claims.
Filing an unpaid wage complaint with the Colorado Department of Labor and Employment may offer workers a quicker and less costly path to recovering unpaid wages than filing a lawsuit against their employer.
However, unpaid wage complaints filed with the department can offer only limited relief to workers compared to filing a lawsuit against an employer. For example, the department cannot award a worker the legal fees incurred when pursuing an unpaid wage claim. The department can also only order an employer to provide up to $7,500 of unpaid wages to a worker.
What Are The Consequences for Employers Who Break Wage Laws in Denver?
If an employer violates wage laws by not timely paying all earned compensation, they may be subject to penalties and fines assessed by the Colorado Department of Labor and Employment. These include being obligated to pay an employee an additional 125 percent of their unpaid wages if the employer failed to comply with an employee’s written demand for unpaid wages within 14 days of receiving the demand. The department can also impose fines that are paid to the department.
If an employee chooses to pursue their unpaid wage claim through litigation, an employer may be ordered as part of a judgment entered in favor of the worker to pay the worker’s attorney’s fees and legal costs incurred in pursuing the lawsuit. An employer may also be obligated to pay the worker’s full unpaid wages, even if they total more than $7,500.
How Can Our Unpaid Wages Law Firm Help You?
If your employer has failed to pay you all the compensation you have earned and is refusing your demands for unpaid wages, our Denver law firm can help you to pursue the income you have earned by:
- Investigating your case, including recovering and reviewing important evidence such as pay stubs, timesheets, employment agreements, and witness testimony
- Calculating your unpaid wages
- Advising you of your options for recovering your wages, including whether to file a complaint with the Colorado Department of Labor and Employment or to file a lawsuit against your employer
- Preparing and filing your written demand for compensation with your employer
- Representing you before the department when you have filed an unpaid wage complaint
- Filing a lawsuit and advocating your case in court and at trial when litigation represents the best option for recovering your unpaid wages
Contact Our Unpaid Wages Attorney in Denver
If you have not been paid the wages you earned for work performed for your employer, don’t despair. Contact The Wilhite Law Firm today for a confidential consultation with a Denver unpaid wages lawyer to discuss the legal options available to you.
Colorado & Texas
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