Employer responsibilities.
Denver Revised Municipal Code § 58-2
in effectSec. 58-2. - Employer responsibilities.
(a) Signage. Employers shall post in a place which is prominent and easily accessible to workers an auditor-approved notice detailing the Denver minimum wage to be paid to workers, that wage theft is a crime, that workers are entitled to civil recovery of wages lost due to theft or underpayment of the minimum wage, and that complaints related to any alleged violations may be submitted to the auditor. Employers shall display the posting in English and Spanish. If display of a physical notice is not feasible, including situations when a worker does not have a regular workplace or job site, employers may provide the required information on an individual basis, in a worker's primary language, in a physical or electronic form that is reasonably conspicuous and accessible.
(b) Retaliation strictly prohibited.
(1) Rights. No person shall take any adverse action against any person because the person has exercised in good faith rights described in this article, including:
a. The right to file and pursue a private cause of action alleging a violation;
b. Making inquiries about rights protected;
c. Informing an employer, a union or similar organization, the person's legal counsel, and/or any other person about an alleged violation;
d. Filing a written complaint with the auditor;
e. Cooperating with the auditor in any wage investigations;
f. Testifying in a proceeding related to a wage investigation; and
g. Refusing to participate in or opposing an activity that would result in a violation of city, state, or federal law.
(2) No person shall directly or indirectly make an implied or express communication to any person exercising rights under this article of their will or intent to inform a government agency of the protected person, or the protected person's family members' immigration or citizenship status.
(3) Proof of retaliation shall be sufficient upon a showing that an employer or person has taken an adverse action against a person and the person's exercise of rights protected in this article was a motivating factor in the adverse action. If the adverse action occurs within ninety (90) days of the person's exercise of rights protected in this article-or in the case of seasonal work that ended before the close of a 90-day period the employer fails to rehire the former worker at the next opportunity for work in the same position-retaliation shall be presumed, but shall be rebuttable by clear and convincing evidence that the adverse action was taken for a lawful purpose.
(c) Recordkeeping requirements and inspection.
(1) Required. All employers shall retain payroll records concerning work performed for a period of at least three (3) years.
(2) Production of payroll records per auditor request.
a. Pursuant to a wage investigation or a private right of action, the auditor may request a certified copy of payroll records for all workers for a three (3) year period from an employer. Payroll records produced pursuant to this subsection shall be accompanied by a sworn statement from the employer attesting that records provided are a true and correct copy of the requested payroll records, that payments were made to workers as set forth in the payroll records, and that all workers have been paid at least the Denver minimum wage or the wage promised, whichever is higher, for all work or alternately a detailed description of all instances and ways in which the foregoing requirements were not fully satisfied and all explanations therefore.
b. If the auditor does not receive the certified payroll records and accompanying sworn statement within thirty (30) days, the auditor shall notify an employer of the failure to furnish records. An employer shall be penalized unless the failure to furnish the payroll records is a good faith error corrected within ten (10) days of notice.
c. The auditor shall notify an employer of any materially false information contained in the certified payroll records or accompanying sworn statement discovered by the auditor. Additionally, an employer shall notify the auditor of any materially false information contained in the certified payroll records and accompanying sworn statement discovered after it has been submitted to the auditor. An employer shall be penalized unless such materially false information is corrected within ten (10) days of notice or of discovering the error.
(Ord. No. 1614-22, § 1, 1-9-23)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH58WAWOPR_ARTIWA_DIV1INGE_S58-2EMREFetched: 10/27/2026