IN GENERAL

Denver Revised Municipal Code ch. 58, art. I, div. 1

in effect

Denver Revised Municipal Code § 58-1 Defined terms.

Sec. 58-1. - Defined terms. Except as otherwise provided in this chapter, the following words and phrases shall have the following meanings: (1) Adverse action means denying a job or promotion, demoting, terminating, failure to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, engaging in unfair immigration-related practices, filing a false report with a government agency, changing an employee's status to a nonemployee, and any other negative change to an aspect of employment, including modification of pay, work hours, responsibilities, or other material change in the terms or conditions of a person's employment. (2) Aggrieved party means a worker or other person who suffers tangible or intangible harm due to an employer or other person's violation of this article. (3) City means the City and County of Denver. (4) Complaint means a complaint submitted pursuant to section 58-3(a). (5) Employ, employed, or employed by means to suffer or permit to work. (6) Employer means any corporation, proprietorship, partnership, non-profit, joint venture, association, individual, limited liability company, business trust, or any person or group of persons, and any of the foregoing who employ a worker acting directly or indirectly in the interest of an employer in relation to a worker, and any successor thereof. (7) Payroll records means records kept by an employer documenting the number of hours worked by each worker, the wage paid to such workers, any deductions made from workers' wages including, but not limited to, any tax withholdings, and the net amount of wages received by any such worker. (8) Successor means any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer's business, a major part of employer's property, whether real or personal, tangible or intangible, of the employer's business. For purposes of this definition, person means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, company, limited liability company, association, joint venture, or any other legal or commercial entity. (9) Wage investigation means an investigation into violations of this article by the auditor pursuant to a complaint or an investigation absent a credible complaint. A wage investigation is commenced upon the filing of a complaint with the auditor or an employer's receipt of the notice of an investigation absent a complaint. (10) Work means any services performed on behalf of or for the benefit of an employer or other person, for pay, whether on an hourly, piecework, commission, time, task, or other basis. (11) Worker means a natural person performing work, and includes, but is not limited to: full time employees, part-time employees, temporary workers, agents, and any other persons performing work on behalf of or for the benefit of an employer or other person. (Ord. No. 1614-22, § 1, 1-9-23)

Denver Revised Municipal Code § 58-2 Employer responsibilities.

Sec. 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)

Denver Revised Municipal Code § 58-3 Complaints and investigation.

Sec. 58-3. - Complaints and investigation. Except as otherwise provided in this article, complaints, investigation, and enforcement of violations of any division in this article shall be conducted as follows: (a) Complaints. (1) Submission. Any person may submit a written complaint of a violation of this article to the auditor. A complaint submitted by a third-party shall only contain the items required in subsection (a)(1)c. and d. of this section, while a complaint submitted by a worker shall include: a. The worker's name and/or the name of their duly authorized representative, if applicable; b. The worker's contact information; c. A detailed statement of the employer or other person's alleged violation, including readily available supporting documentation demonstrating a violation; and d. Any additional information requested by the auditor or pursuant to rules issued by the auditor. (2) Assistance. If a worker filing a complaint is unable to reasonably file her or his complaint in writing, that worker may request the auditor to assist him or her with documenting any allegations to satisfy the written complaint requirement. (3) Determination of credibility. The burden of demonstrating to the auditor's satisfaction that a violation has occurred rests with the person making the complaint and shall be demonstrated by a preponderance of the evidence. If a complaint is deemed credible by the auditor, the auditor shall notify the complained-of-party and shall provide a summary of findings regarding any such complaint to the complained-of-party, worker, and complainant, if applicable. (b) Investigations in the absence of a complaint. The auditor may initiate an investigation into violations of this article absent a complaint if there is a reasonable basis to believe that a violation occurred. A reasonable basis exists if: (1) The owner or partial owner of a legal entity has violated the terms of this article with respect to another entity with common ownership interests; (2) A pattern and practice, including, but not limited to, receipt of multiple credible complaints filed against a particular industry, demonstrates an increased likelihood that certain workers within an industry are regularly not paid wages; (3) The auditor receives credible information from a governmental agency that demonstrates an increased likelihood that a particular employer or industry has failed to comply with the terms of this article; or (4) The auditor, relying upon data collected or received by the city, establishes a reasonable basis to conclude that a particular person or industry is likely to have failed to comply with the terms of this article. (c) Limitation of actions. Any complaint must be submitted to the auditor within three (3) years of the date of an alleged violation of this article. (Ord. No. 1614-22, § 1, 1-9-23)

Denver Revised Municipal Code § 58-4 Enforcement and penalties.

Sec. 58-4. - Enforcement and penalties. (a) Notice. Notice or service provided for in this article shall be sent via first class mail to the most recent mailing address provided to the auditor or contained in the records of any municipal, state, or federal agency, including, but not limited to, the Colorado Secretary of State. Notice or service shall be deemed complete seven (7) calendar days after mailing. (b) Enforcement. The auditor is authorized to assess civil penalties pursuant to this article as provided in article XII, chapter 2 of the Code, provided however the procedures for enforcement, penalty, and appeals shall be as specified in this article. (c) Subpoenas. The auditor is authorized to issue a subpoena to compel the production of records or tangible things in the custody of an employer if such records or tangible things are relevant in connection with investigation or enforcement under this article. For the purposes of this subsection, records shall have the same meaning as provided in the Colorado Rules of Civil Procedure ("C.R.C.P."), Rule 45. (1) Issuance. The auditor may issue a subpoena for certified payroll records only if the employer is subject to penalty for a failure to comply with section 58-2(c)(2)(b). For all other records or tangible things, the auditor shall first submit a written request for the production to the employer and shall respond to any attempt to confer. If the employer does not produce the requested records or tangible things within fourteen (14) calendar days, the auditor may issue a subpoena compelling production. Both the written request and subpoena shall be served as provided in subsection (a). (2) Motion to modify, quash, or for protective order. Upon issuance of any subpoena under this section, the auditor shall appoint a hearing officer to render a final decision pursuant to subsection (3). Any employer subject to subpoena issued by the auditor may file a motion with the hearing officer requesting that the subpoena be modified or quashed, or that the hearing officer enter a protective order governing the production of such records or tangible things. Such motion shall be filed within fourteen (14) calendar days of the completion of service of the subpoena. The filing of any such motion shall stay the penalty authorized pursuant to subsection (d)(1) and the deadline for production specified in subsection (5). (3) Authority of hearing officer. Upon receipt of a motion filed pursuant to subsection (2) the hearing officer shall schedule a date, time and location for a hearing on the motion. The hearing officer may waive the fourteen (14) day filing deadline and may modify or quash the subpoena and waive the penalty upon a finding that the employer did not receive actual notice of the subpoena. The hearing officer may also quash or modify the subpoena and waive the penalty upon a finding that the production would be unduly burdensome, that the requested records or tangible things are protected by a common law or statutory privilege, that the subpoena is vague, that the production would require disclosure of a trade secret or other confidential research, development, or commercial information, that production would violate privacy rights of the employer or a third party, or that the production would violate any other federal, state, or local law. The hearing officer may also issue a protective order governing the production of such records or tangible things in the hearing officer's discretion. A protective order shall be consistent with the provisions of the Colorado Open Records Act, C.R.S. § 24-72-201 et seq., as amended. Any final decision shall be tailored to address the issues raised in the motion or otherwise identified by the hearing officer. (4) Qualifications of hearing officer. Any person designated to serve as an administrative hearing officer shall be subject to the standards of conduct set forth in the Colorado Code of Judicial Conduct and is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. (5) Production. An employer shall produce records or tangible things subject to a subpoena issued by the auditor no later than fourteen (14) calendar days after completion of service, or as otherwise provided in a hearing officer's final decision. (6) County court. The auditor may petition the county court for enforcement of the subpoena after the exhaustion of any administrative remedies. The filing of any such petition shall stay the penalty authorized pursuant to subsection (d)(1). (d) Penalties. The following shall be imposed in conjunction with any other penalties imposed under this article: (1) A penalty of up to one thousand dollars ($1,000.00) shall be imposed for failure to furnish the auditor a complete and certified payroll pursuant to section 58-2(c)(2)(b) or for failure to comply with a subpoena issued pursuant to subsection (c). Each day the failure to furnish payroll records or comply with a subpoena continues shall constitute a separate offense as provided in section 1-13(c). Should an employer not maintain or retain adequate payroll records, or not allow the auditor access in the manner or time allowed by section 58-2(c)(2)(b), there shall be a presumption, rebuttable by clear and convincing evidence, that the employer violated this article for the periods and for each worker for whom adequate records were not retained or access to such records was not timely provided. (2) A penalty of one thousand dollars ($1,000.00) shall be imposed for each incident of materially false information contained in certified payroll produced pursuant to section 58-2(c)(2)(c). (3) A penalty of five thousand dollars ($5,000.00) shall be imposed for each instance of retaliation pursuant to section 58-2(b). (4) A penalty of one thousand dollars ($1,000.00) may be imposed for a violation of any obligation described in this article which does not otherwise have a penalty assigned. (e) Unpaid penalties. (1) Penalties assessed under this article shall be due and payable thirty (30) days after notice. The failure to pay penalties assessed pursuant to this article within thirty (30) days after notice may result in the imposition of a late fee of up to twenty-five dollars ($25.00) and interest at a rate of ten (10) percent per annum. (2) The auditor is further authorized to collect any and all unpaid penalties assessed pursuant to this article, either informally, or as provided for by section 53-403 of the Code; provided, however, that no action in court shall be filed to collect amounts determined by the auditor to be owing under this article more than three (3) years after the date the auditor provided notice to the employer or other person of the amounts owing. (Ord. No. 1614-22, § 1, 1-9-23; Ord. No. 476-24, § 1, 4-29-24)

Denver Revised Municipal Code § 58-5 Appeals.

Sec. 58-5. - Appeals. Notwithstanding the provisions in section 2-286, any determination of the auditor related to this article shall be reviewable as follows: (a) Any person may petition the auditor for a hearing concerning the determination to assess a civil penalty pursuant to this article. Such petition shall be submitted in writing to the auditor for a hearing no later than thirty (30) days after notice of any such determination. Compliance with the provisions of this section shall be a jurisdictional prerequisite to appeal any determination made by the auditor pursuant to this article, and failure to comply shall bar any such appeal. Appeals to the auditor from any notice or order shall stay all administrative enforcement proceedings. However, nothing in this section shall preclude or limit a worker from initiating a private cause of action pursuant to this article. (b) The auditor is authorized to appoint one (1) or more hearing officers to certify the record or a summary thereof as required by the auditor, along with the hearing officer's findings, conclusions, and decision. The hearing, if any, shall take place in the city, and notice thereof and the proceedings shall otherwise be in accordance with rules and regulations issued by the auditor. The designated hearing officer may hold hearings pursuant to this article, subpoena witnesses and compel their attendance, administer oaths and take the testimony of any person under oath, and compel witnesses to produce for examination books and papers related to the subject matter of the appeal. The facts and figures submitted shall be submitted under oath or affirmation either in writing or orally at a hearing scheduled by the hearing officer. The petitioner shall bear the burden of proving the allegations in the petition by a preponderance of the evidence. Following a hearing, if any, the hearing officer shall make a final determination, which may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. No. 1614-22, § 1, 1-9-23)

Denver Revised Municipal Code § 58-6 Private right of action.

Sec. 58-6. - Private right of action. (a) Within three (3) years of the date an alleged violation of this article any aggrieved party may bring a civil action in a court of competent jurisdiction against an employer alleged to have violated this article. Upon prevailing, the aggrieved party shall be entitled to such legal and equitable relief as may be appropriate to fully remedy the violation including, without limitation: (1) The payment of any wages unlawfully withheld (including amounts that accrued after the filing of the civil action); (2) Interest on unpaid wages and overtime compensation at a rate of twelve (12) percent per annum from the date such wages were first due; (3) A penalty in the amount of one hundred dollars ($100.00) to each worker whose rights under this article were violated for each day that the violation occurred or continued; (4) Liquidated damages in an amount equal up to three (3) times the amount of unpaid wages and overtime compensation in connection with such wages; (5) Reinstatement of employment (if applicable) and/or other injunctive relief; and (6) Shall be awarded reasonable attorney fees and costs. (b) Nothing in this section shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent wage investigation by the auditor. (Ord. No. 1614-22, § 1, 1-9-23)

Denver Revised Municipal Code § 58-7 Duties of the auditor; data collection and reporting.

Sec. 58-7. - Duties of the auditor; data collection and reporting. (a) Support to nonprofit organizations. The auditor shall provide support to non-profit organizations who conduct educational campaigns and outreach efforts to workers and employers regarding duties, obligations, and rights under this article or pursuant to state or federal law, and in connection therewith, is authorized to provide funding to be used exclusively for such purposes. (b) Data collection and reporting. The auditor shall track complaints, investigations, and violations of this article, including penalties assessed, during each calendar year, and by March 31 of the following year, beginning in 2023 for Denver minimum wage and 2024 for civil wage theft, issue a written report to city council. (Ord. No. 1614-22, § 1, 1-9-23; Ord. No. 744-25, § 1, 6-16-25)

Denver Revised Municipal Code § 58-8 Rulemaking.

Sec. 58-8. - Rulemaking. The auditor may promulgate such reasonable rules and regulations as may be necessary for the purpose of administering and enforcing the provisions of this article. (Ord. No. 1614-22, § 1, 1-9-23; Ord. No. 476-24, § 1, 4-29-24)

Denver Revised Municipal Code § 58-9 Wage trust fund.

Sec. 58-9. - Wage trust fund. (a) Dedicated revenues. There is hereby created a wage trust fund for the purpose of receiving and accounting for all revenues, including damages and interest, derived from employers and other persons ordered to locate and pay workers under this article. (b) Permitted uses of revenue in wage trust fund. Revenue received in the wage trust fund shall be held in trust and used exclusively to pay claims submitted by workers which have been verified by the auditor. (c) Submission and verification of claims. Any worker who has performed work on behalf of or for the benefit of an employer or any other person subject to enforcement under this article and who has not been located and paid by that employer or other person may submit a claim for payment of any unlawfully withheld wages along with damages and interest authorized under this article. Such claim shall be paid by the auditor if it is submitted within three (3) years from the date of the order to pay such worker and the claim can be verified by the auditor, as provided in rules and regulations promulgated under this article. The amount of any payment shall only include the portion of wages unlawfully withheld, along with damages and interest, as verified by the auditor. (d) Unclaimed funds. Any funds not claimed within one (1) year shall be remitted to the general fund on the last working day of the month in which the expiration occurs, except as otherwise required by law. The auditor shall maintain a list of all unclaimed payments made by an employer or other person to the fund, which shall be updated each calendar month and shall be available for inspection at the office of the auditor. (Ord. No. 744-25, § 1, 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_DIV1INGEFetched: 10/27/2026