C.R.S. Section 8-4-120
Discrimination and retaliation prohibited

  • employee protections
  • criminal penalties
  • civil remedies

(1)

An employer shall not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against any employee who has:

(a)

Filed any complaint or instituted or caused to be instituted any proceeding under this article 4 or any other law or rule related to wages or hours; or

(b)

Testified or provided other evidence, or may testify or provide other evidence, in any proceeding on behalf of the employee or another person regarding afforded protections under this article 4 or under any other law or rule related to wages or hours.

(2)

An employer who violates this section commits a class 2 misdemeanor.

(3)

Intentionally left blank —Ed.

(a)

An employee who alleges a violation of subsection (1) of this section may file a civil action in a court of competent jurisdiction against the employer alleged to have violated this section to seek legal and equitable relief as appropriate to remedy the violation, including:

(I)

Back pay;

(II)

Reinstatement of employment or, if reinstatement is not feasible, front pay;

(III)

The payment of wages unlawfully withheld;

(IV)

Interest on unpaid wages at a rate of twelve percent per annum from the date the wages were first due;

(V)

The payment of a penalty of fifty dollars per day for each employee whose rights under this section were violated and for each day that the violation occurred or continued;

(VI)

Liquidated damages in an amount equal to the greater of two times the amount of the unpaid wages or two thousand dollars; and

(VII)

Injunctive relief.

(b)

If the employee prevails in a civil action brought pursuant to this subsection (3), the court shall award the employee reasonable attorney fees and costs.

(4)

The division may investigate and enforce discrimination or retaliation prohibited by this article 4 or article 6 of this title 8 and, after investigation, may order the relief specified in subsection (3)(a) of this section.

Source: Section 8-4-120 — Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies, 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

§ 8-4-120’s source at colorado​.gov