Enforcement and penalties.
Denver Revised Municipal Code § 20-83
in effectSec. 20-83. - Enforcement and penalties.
(a) Enforcement.
(1) Following notification of a complaint determined credible by the auditor or in connection with an audit of a covered contract, a contractor shall furnish to the auditor, upon the auditor's request, a true and correct electronically-certified copy of the payroll records of all covered workers employed pursuant to the applicable covered contract, by the contractor and also by any person or entity performing covered work pursuant to the covered contract. Such payroll records shall include information documenting the number of hours worked by each covered worker employed pursuant to the contract for covered work, the hourly wage of such covered workers for covered work, any deductions made from covered worker wages, and the net amount of wages received by each covered worker for all covered work.
(2) Payroll records produced pursuant to subsection (a)(1) shall be accompanied by a sworn statement of the contractor that the document is a true and correct copy of the payroll records of all covered workers performing covered work pursuant to the covered contract, that payments were made to all covered workers as set forth in the payroll records, that no deductions were made other than those described in such records, and that all covered workers employed pursuant to the covered contract, either by the contractor or another person or entity, have been paid at least the contract minimum wage for all covered work or describe in detail all instances in which the foregoing requirements were not fully satisfied.
(3) Contractors shall post in a place which is prominent and easily accessible to covered workers the contract minimum wage to be paid to covered workers for covered work, and that complaints by third parties, including employees of contractors or other entities, of violations may be submitted to the auditor. Contractors shall display the posting in English and also in any primary language spoken by at least ten (10) percent of the employees at the work-place or job site. If display of a poster is not feasible, including situations when an employee does not have a regular workplace or job site, contractors may provide the information on an individual basis, in an employee's primary language, in physical or electronic form that is reasonably conspicuous and accessible.
(4) If any covered worker employed by a contractor or any other person or entity pursuant to a covered contract has been or is being paid a rate of wages less than the contract minimum wage for covered work, the city may, at its option, by written notice to the contractor, withhold further payment to the contractor, suspend the contractor's right to proceed with work, suspend access to city property, suspend such part of the work or access as to which there has been a failure to pay the contract minimum wage rate for covered work, or terminate the contract. In the event of suspension or contract termination, the contractor shall be liable to the city for any and all costs related to such contract termination or suspension, including, but not limited to, all costs incurred by the city to complete work or provide services contemplated by the contract.
(5) For all covered contracts, following notification of a complaint determined credible by the auditor or in connection with an audit of city contracts, a contractor shall provide to the auditor a list of all persons and entities who have performed covered work as well as any known person or entity who will be performing any covered work pursuant to a covered contract within ten (10) days of the auditor's written request.
(6) Nothing in this division shall restrict the auditor's authority to investigate city contracting practices. In connection with any audit of a covered contract, the auditor may require a contractor to provide, upon written request, documents described in this division that must be provided to the auditor upon notification of a credible complaint related to a covered contract. Further, any third-party submission of a credible complaint shall not require the auditor to initiate a full audit of any particular party or contract. The auditor's role in investigating and issuing findings related to a credible complaint pursuant to 20-82(e) shall be in accord with the terms of this division.
(b) Penalties. Any contractor subject to the requirements of this division shall as a penalty pay to the city an amount as set forth below for each covered worker for each day they are paid less than the contract minimum wage for the performance of covered work.
(1) The amount of the penalty shall be determined by the auditor based on consideration of both of the following:
a. Whether the failure of the contractor to pay the correct wage rate was a good faith mistake and, if so, the error was corrected within thirty (30) days of the date it was brought to the attention of the contractor.
b. Whether the contractor has a prior record of failing to meet the requirements of this division.
(2) The contractor's penalty shall be fifty dollars ($50.00) for each day, or portion thereof, for each covered worker paid less than the contract minimum wage rate for covered work, unless the failure of the contractor to ensure payment of the contract minimum wage rate was a good faith mistake and, if so, the error was corrected within thirty (30) days of the date it was brought to the attention of the contractor.
(3) The contractor's penalty shall be two thousand five hundred dollars ($2,500.00) for a violation, plus seventy-five dollars ($75.00) for each day, or portion thereof, for each covered worker paid less than the contract minimum wage rate for covered work, if the contractor has been assessed a penalty, but not more than two (2) other penalties, within the previous three (3) years for failure to comply with the terms of this division, unless all such penalties were subsequently withdrawn or overturned during the previous three (3) years pursuant to this division.
(4) The contractor's penalty shall be five thousand dollars ($5,000.00) for a violation, plus one hundred dollars ($100.00) for each day, or portion thereof, for each covered worker paid less than the contract minimum wage rate for covered work, if the contractor has been assessed three (3) or more other penalties within the previous three (3) years for failure to comply with the terms of this division, unless any such penalties were subsequently withdrawn or overturned resulting in two (2) or fewer penalties during the previous three (3) years pursuant to this division.
(5) The contractor's penalty shall be one thousand dollars ($1,000.00) for each violation if a contractor fails to furnish the auditor a complete and certified payroll for which any covered worker employed by the contractor or other person or entity has performed any covered work pursuant to a covered contract, unless the failure of the contractor to furnish the auditor a complete and certified payroll was a good faith mistake and, if so, the error was corrected within thirty (30) days of the date the auditor notifies the contractor of such failure. This penalty shall be imposed in conjunction with penalties imposed under subsections (b)(2)—(4), and shall apply whether or not the covered work was performed by contractor employees or another person or entity.
(6) The contractor's penalty shall be one thousand dollars ($1,000.00) for each incident of false reporting in connection with a certified payroll not corrected within fifteen (15) days of the date the auditor notifies the contractor of such report. A certified payroll shall be determined to be a false report when information related to hours worked or wages paid reported on a certified payroll is not identical to supportive documentation, including payments issued to workers, timecards maintained by contractor or other persons or entities, invoices for work performed issued to other persons or entities or the city, and tax documents. This penalty shall be imposed in conjunction with penalties imposed under subsections (b)(2)—(5).
(7) The contractor's penalty shall be one thousand dollars ($1,000.00) for each violation should a contractor be found by the auditor to have violated any obligation of contractor described in this division and not otherwise described in subsections (b)(2)—(6).
(8) A contractor who is found by the auditor pursuant to this division to have failed to ensure payment of the contract minimum wage to a covered worker for covered work shall, within thirty (30) days of notice of a violation from the auditor, or if applicable, thirty (30) days from any final order pursuant to section 20-82(g), attempt in good faith to locate and pay any such covered worker all wages required pursuant to this division. Failure by any contractor to attempt in good faith to locate and ensure payment of any underpaid covered worker in compliance with the terms of this subsection shall for any underpayment to a covered worker greater than fifty dollars ($50.00) result in a penalty of five thousand dollars ($5,000.00) for each such violation. If a contractor is able to adequately document its good faith efforts to locate and timely pay a covered worker pursuant to this subsection it shall not be subject to further penalty if it is unable to reasonably locate or pay a covered worker all contract minimum wages owed. Any finding or penalty for failure to timely pay a covered worker, or attempt in good faith to locate and timely pay a covered worker amounts owed pursuant to this subsection shall be subject to review pursuant to section 20-82(g).
(Ord. No. 163-19, § 1, 3-11-19; Ord. No. 625-22, § 2, 6-20-22)
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_CH20FI_ARTIVCOPUCO_DIV3.75MIWAPRWOASCO_S20-83ENPEFetched: 10/27/2026