In January 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that provided new avenues for workers in the City and County of Denver to pursue claims for wage theft. In addition to filing a complaint under the Colorado Wage Act (CWA) with the Colorado Division of Labor Standards and Statistics, an aggrieved worker or other individual harmed by an employer’s violation of the law may file a complaint with the city auditor or a lawsuit in court within three years of the date of the alleged ordinance violation. The ordinance vested responsibility for implementation and enforcement with the Denver Auditor’s Office.
Denver Labor, a division of the Auditor’s Office, recently adopted rules regarding enforcement of the new ordinance, providing important clarification on several aspects of the ordinance, including the following:
The ordinance applies to all persons who “work in Denver.”
Individuals “work in Denver” if they spend “approximately 20% or more” of their work time in Denver in a pay period or “customarily spend at least 50% of their work time in Denver.” The ordinance applies to all hours of work performed within Denver, regardless of an employer’s location.
The location of an employee’s work is essential to the application of the ordinance. For example, the ordinance does not apply to employers whose employees work outside Denver only, even if those employers have offices or principal places of business in...
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