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 seeking to recover unpaid wages they reported were owed to them.
Sent 20+ demand letters to local employers on behalf of clients, served either by the Summit County Sheriff's Office Civil Division or via certified mail.
Filed 10+ wage complaint cases with the Colorado Department of Labor and Employment.
Helped recover nearly $14,000 in unpaid wages for workers.
Currently pursuing more than $10,000 in unpaid wages and penalties through pending cases.
Collaborated with local law enforcement in one wage theft cases.
Referred one case to the District Attorney for further action.
Partnered with the nonprofit legal organization Towards Justice on 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.