C.R.S. Section 8-4-110
Disputes

  • fees

(1)

Intentionally left blank —Ed.

(a)

The court may award the employer reasonable costs and attorney fees incurred in a civil action if, within fourteen days after a written demand letter is sent to or a civil action is served on the employer for unpaid wages or compensation:

(I)

The employer makes full legal tender of all amounts demanded in good faith for all employees; and

(II)

The employees receiving such tender ultimately fail to recover a total sum that is greater than the amount the employer tendered.

(b)

If, in an administrative claim or civil action in which the employee seeks to recover any amount of wages or compensation, the employee recovers a sum greater than the amount tendered by the employer:

(I)

The court, in a civil action, may award the employee reasonable costs and attorney fees incurred in the civil action; and

(II)

The division, in an administrative claim, may award the employee reasonable costs incurred in the administrative claim and may also award attorney fees to an employee who recovers more than five thousand dollars in unpaid wages in the administrative claim.

(c)

If an employer fails or refuses to make a tender within fourteen days after the demand or administrative claim or civil action, then such failure or refusal must be treated as a tender of no money for any purpose under this article 4.

(1.5)

This section shall not apply to a claimant who is found to be an independent contractor and not an employee.

(2)

Any person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any administrative remedies.

Source: Section 8-4-110 — Disputes - fees, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑4‑101
Definitions 8‑4‑102
Proper payment - record of wages 8‑4‑103
Payment of wages - insufficient funds - pay statement - record retention - gratuity notification - penalties 8‑4‑104
Funds available to pay wages - mining industry 8‑4‑105
Payroll deductions permitted - notice required 8‑4‑105.5
Automatic enrollment in retirement plans - relief from liability - conditions - definitions 8‑4‑106
Early payment of wages permitted 8‑4‑107
Post notice of paydays 8‑4‑108
Payment in the event of strike 8‑4‑109
Termination of employment - payments required - civil penalties - payments to surviving spouse or heir 8‑4‑110
Disputes - fees 8‑4‑111
Enforcement - duty of director - duties of district or city attorneys - rules 8‑4‑111.5
Hearing officer review and appeals of administrative actions 8‑4‑112
Enforcement of director subpoenas 8‑4‑113
Fines pursuant to enforcement - wage theft enforcement fund - created - administrative lien and levy of employer assets - wage claim payments from the fund - definition - rules 8‑4‑114
Criminal penalties 8‑4‑115
Certificate of registration required 8‑4‑116
Issuance of certificate of registration 8‑4‑117
Additional obligations 8‑4‑118
Authority to obtain information 8‑4‑119
Penalty provisions 8‑4‑120
Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies 8‑4‑121
Nonwaiver of employee rights 8‑4‑122
Limitation of actions 8‑4‑123
Termination of occupancy pursuant to contract of employment - legislative declaration 8‑4‑124
Third-party food delivery services - prohibitions - penalties - definitions 8‑4‑125
Supplemental health-care staffing agencies - annual certification - contract restrictions - penalty - civil action - reporting - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 8-4-110’s source at colorado​.gov