On January 10, 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that will provide new avenues for workers in the City and County of Denver to pursue claims for wage theft.
Filing Complaints With the Auditor
Now, in addition to filing a complaint under the Colorado Wage Act (CWA) with the Colorado Division of Labor Standards and Statistics, any person—whether that person is a Denver worker or not—may file a complaint regarding failure to pay workers in Denver with the city auditor, who has authority to investigate an employer’s pay practices and issue steep penalties for noncompliance. However, unlike the CWA, the auditor may enforce “up the chain” by holding an entity that has directly or indirectly contracted for labor and is the beneficiary of such labor liable for any violation of the ordinance. This may include general contractors, clients of staffing agencies, and labor brokers, even if they are not in a direct contractual relationship with the worker. An individual may file a complaint within three years of an alleged violation.
Where there is a “reasonable basis to believe that a violation occurred,” the auditor may also initiate an investigation without a complaint from a worker. The standard for such “reasonable basis” is remarkably low, and it may be satisfied not only by information that a particular employer has failed to pay required wages, but also by a pattern and practice of credible complaints ...
In certain instances, it is evident that misinformation is created and disseminated on social media by exploiting sensitive issues and presenting unverified claims as factual events. Presented bel...