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Saturday, November 22, 2025

Colorado Supreme Court Rejects 6-Year Statute of Limitations for Wage Claims, Holds 2- or 3-Year Period Applies - Littler Mendelson P.C.

Colorado employers finally have clarity that all wage claims in Colorado are subject to a two-year statute of limitations, or three years for a willful violation. On September 15, 2025, in a highly anticipated decision in By the Rockies v. Perez,1 the Colorado Supreme Court rejected arguments that claims under the Colorado Minimum Wage Act, Colo. Rev. Stat. § 8-6-101, et. seq., are subject to a six-year limitations period. Rather, just as under the Colorado Wage Claim Act, C.R.S. § 8-4-101, et. seq., and consistent with the federal Fair Labor Standards Act, all wage claims in Colorado are subject to the two- or three-year limitations period. This ruling resolves conflicting decisions in Colorado state and federal courts, providing much-needed clarity for employers operating in Colorado.

How the Case Unfolded

In 2022, a plaintiff filed a lawsuit against their former employer, By the Rockies, LLC (“BTR”), alleging violations of the Minimum Wage Act. Specifically, the plaintiff claimed that BTR failed to provide plaintiff required meal and rest breaks while plaintiff was employed by BTR. However, the plaintiff last worked for BTR in 2017 – almost five years before the lawsuit was filed.

BTR filed a motion to dismiss, arguing the Wage Claim Act’s statutes of limitation also apply to the Minimum Wage Act, which does not separately set forth its own limitations periods, and, therefore, plaintiff’s claim was time-barred. The Denver District Court agreed, dismissing the case and...



Read Full Story: https://news.google.com/rss/articles/CBMiwAFBVV95cUxPM0FFUXNHQkp0aGlIbi03Q1l1...