CIVIL WAGE THEFT

Denver Revised Municipal Code ch. 58, art. I, div. 3

in effect

Denver Revised Municipal Code § 58-22 Purpose and intent.

Sec. 58-22. - Purpose and intent. The intent of this article is to ensure the payment of earned wages to as many workers as possible, and to limit and redress wage theft involving workers in accordance with limitations imposed by Colorado law. It is not the intent of this article to reduce any differing wage theft requirements established by federal or state law or that arise from or in connection with federal or state funding, and any greater wage theft requirements and restrictions shall be controlling in the event of a conflict between a federal or state wage theft requirement and the requirements of this article. (Ord. No. 1614-22, § 3, 1-9-23)

Denver Revised Municipal Code § 58-23 Defined terms.

Sec. 58-23. - Defined terms. In addition to the definitions set forth in section 58-1, the following words and phrases shall have the following meanings: (1) Wages means the same definition set forth in § 8-4-101, C.R.S., as amended, except that it shall apply to all workers, as defined in this article. (Ord. No. 1614-22, § 3, 1-9-23)

Denver Revised Municipal Code § 58-24 Applicability; nonpayment of wages prohibited.

Sec. 58-24. - Applicability; nonpayment of wages prohibited. (a) Required. It shall be a violation of this division for any employer or any other person who is regularly engaged in business or commercial activity who has contracted with an employer or worker, directly or indirectly, for labor from which such person is the beneficiary, including general contractors, clients of staffing agencies, and labor brokers, to fail to ensure full payment of all wages lawfully due to a worker by the date required by a lawful agreement or by state or federal law. However, the rights created in this division shall not accrue until fourteen (14) days after the employer or other person has been provided notice of the violation by either the aggrieved party or the auditor and has failed to pay the wages lawfully due. (b) Joint and several liability. An employer, or any other person who is regularly engaged in business or commercial activity who has contracted with an employer or worker, directly or indirectly, for labor from which such person is the beneficiary, including general contractors, clients of staffing agencies, and labor brokers, shall be jointly and severally liable for the payment of any penalty pursuant to a violation of this division, regardless of whether the employer is in a direct contractual relationship with the person who contracted for the labor. However, the auditor shall attempt to collect from the employer or person alleged to have committed the violation before attempting to collect from any other party who benefitted from the work, other than a client. Only once the auditor has attempted to collect from every other party may the auditor attempt to collect from a client. (c) Indemnification. An employer or other person may seek indemnification or recovery from third parties for penalties they incur for failure to comply with the requirements of this division. However, any such rights shall in no way excuse an employer or other person from taking whatever steps are necessary to ensure compliance with this division by all persons and entities engaging in work on behalf of or for their benefit, nor serve as a basis for a person to avoid payment of any monetary penalties or occurrence of other consequences for violation(s) of this division. (d) Exemptions and exclusions. This division does not apply to any state governmental agency, municipality, municipal corporation, quasi-municipal corporation, school district, or irrigation, reservoir, or drainage conservation company or district organized and existing under the laws of Colorado. (Ord. No. 1614-22, § 3, 1-9-23)

Denver Revised Municipal Code § 58-25 Applicability of collective bargaining agreement.

Sec. 58-25. - Applicability of collective bargaining agreement. In the event that a worker has entered into a collective bargaining agreement with their employer, then the rights created in this division do not accrue until the worker has exhausted the remedies under the collective bargaining agreement. However, nothing in this section shall prohibit the auditor from initiating a wage investigation prior to the exhaustion of such remedies. (Ord. No. 1614-22, § 3, 1-9-23)

Denver Revised Municipal Code § 58-26 Enforcement.

Sec. 58-26. - Enforcement. (a) Complaint, investigation, and enforcement. Complaints, investigations, and enforcement of violations under this division shall be conducted as provided in division 1. Penalties under this division shall be in addition to those provided in division 1. (b) Non-cumulative remedy. Where a violation of this division also constitutes a violation of division 2, the auditor may only assess penalties under either this division or division 2, but not both. (c) Payment of withheld wages. (1) Payment owed. The auditor shall order an employer or other person in violation of this division to pay the worker any wages unlawfully withheld, including amounts that accrued after the filing of a complaint, and interest on unpaid wages at a rate of twelve (12) percent per annum from the date such wages were first due. (2) Treble damages. The auditor may order an employer or other person to pay treble damages in an amount equal to three (3) times the amount of unpaid wages and overtime compensation in connection with such withheld wages owed to a worker. (3) Duty to locate and pay worker. Withheld wages shall be due to the worker and payable thirty (30) days after notice of an order to pay wages or a final determination, if applicable. An employer or other person shall make a good faith attempt to locate and pay the worker prior to the thirty (30) day deadline identified herein. Such attempts to locate and pay the worker shall be documented, and if the worker is not located and paid, the employer or other person shall notify the auditor and provide such documentation, together with any required payment to the wage trust fund identified in division 1, no later than fifteen (15) days after the thirty (30) day deadline identified herein. (d) Reinstatement. The auditor may order an employer to reinstate the employment of the aggrieved party. (e) Penalties. (1) Failure to pay wages. For each violation of this division by an employer or other person found pursuant to a wage investigation, the auditor may assess a penalty of up to twenty-five thousand dollars ($25,000.00) for each worker not paid full wages for work. a. Aggravating and mitigating factors. In assessing a penalty under this subsection, the auditor may consider any relevant aggravating or mitigating factors, including, but not limited to, whether the failure of the employer to pay the correct wage was a good faith mistake, whether the error was corrected within thirty (30) days of the date the employer or other person received notice, and whether the employer or other person has previously failed to satisfy the requirements of this division. (2) Failure to make a good faith effort to locate and pay worker. The auditor shall issue a penalty of five thousand dollars ($5,000.00) for each failure to comply with subsection (c)(3) pursuant an order or final determination, if applicable. (Ord. No. 1614-22, § 3, 1-9-23; Ord. No. 744-25, § 3, 6-16-25)

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_DIV3CIWATHFetched: 10/27/2026