Wage Theft
Colorado labor law protects ALL workers, including undocumented immigrant workers.
If you do not get paid for work you do, it is considered theft, and it is illegal. You have the right to demand your wages from the employer by making a complaint to the state.
IMPORTANT!
Always protect yourself by keeping records of the days you worked, your hours, and when and how much you were paid. Keep records of any texts or emails with the employer. Before you can make a complaint, you must have important information such as:
Employer/Company name, phone number, and address
Manager/Supervisor name, email, and phone number
Location of employment
What type of job did you do?
How much do you get paid? Was it per hour, or per project?
How did you get paid? In cash, or by check, or Venmo, or another way?
How much are you owed?
What are the dates that you worked and did not get paid?
When was the last payment you received?
“Roman”, by Stephanie Mercado
To make an online complaint with the department of labor, in English or Spanish:
https://socgov11.my.site.com/LSCS/s/
If your employer owes you wages, you should ALSO send your employer a written demand for payment of wages, for two reasons:
In many cases, employers respond to demands for wages by paying you, the employee, what you claim, allowing you to recover your wages immediately. Getting a decision on a complaint to the state can take several months.
If your employer does not pay your wages within 14 days after you’ve sent your written demand, you may be able to recover extra penalties from your employer in addition to the wages you are owed.
Here is the main website for the Colorado Department of Labor and Employment:
What is "Wage Theft"?
In Colorado, failing to pay wages or compensation owed to an employee is theft, and if the amount owed is over $2000, it is a felony. This includes not paying minimum wage, overtime, or benefits that are due.
Immigration status doesn't matter. If someone is hired and performs work, they must be paid according to US, Colorado, and local laws.
Does"Wage Theft" happen in our Mountain communities? Unfortunately, yes.
In the last year, Mountain Dreamers has:
assisted 35 immigrant, non-English speaking individuals who requested our help to try to recover wages they say they are owed
sent at least 20 demand letters to local employers on behalf of clients, either served by the Summit Sheriff's Office civil deputy, or sent by certified mail
filed at least 10 wage complaint cases with CO Dept of Labor and Employment
helped recover almost $14,000 in wages owed
over $10,000 of wages and penalties outstanding in pending cases
involved local law enforcement in one case
elevated one case to the District Attorney
involved the non-profit lawyers at Towards Justice in one case
In the last few years, Colorado has strengthened labor and workplace protections, and increased penalties and enforcement of employers who violate the laws.
Mountain Dreamers is also working to educate local workers on their rights under the law and how they can protect themselves from wage or labor exploitation.