Civil Wage Theft in Denver

Two Denver Labor analysts talking with a worker at a store.

Wage theft is the failure to pay workers the full wages to which they are legally entitled. On Jan. 9, 2023, the Denver City Council passed the Civil Wage Theft Ordinance(PDF, 532KB), which created new procedures and penalties regarding civil wage theft and vested responsibility for implementation and enforcement with the Denver Auditor’s Office.

Employers must provide all workers with an Auditor-approved wage notice detailing the Denver's minimum wage, that wage theft is a crime, that workers are entitled to civil recovery of unpaid wages, and that complaints alleging wage theft may be submitted to the Auditor’s Office. 

Civil Wage Theft Tools 

Civil Wage Theft Rules 2025

On Jan. 9, 2023, the Denver City Council passed the Civil Wage Theft Ordinance which both revised and added to D.R.M.C. §§ 58-1 through 58-26, and also amended § 38-51.9. It created new procedures and penalties regarding civil wage theft and vested responsibility for implementation and enforcement with the Denver Auditor’s Office.

These Denver Labor “City and County of Denver Wage Theft Rules” are enacted to provide notice of the presumptions, procedures, and requirements employed by the city when enforcing the ordinance. These rules are meant to ensure consistent compliance and provide guidance to parties impacted by the ordinance.

Cover of the Civil Wage Theft Rules 2025.(PDF, 720KB)

Download the Civil Wage Theft Rules(PDF, 720KB)

Mandatory Work Site Poster

Employers must share the bilingual wage notice in any manner that will provide workers with ready access to it. This could include, for example: posting the notice in a physically-convenient location; providing it directly to each worker; or sharing it electronically. 

2025 mandatory wage poster for the workplace.(PDF, 579KB)

Mandatory Work Site Poster for 2026(PDF, 579KB)

Rules for Appeals and Hearings

On Jan. 9, 2023, the Denver City Council passed the Civil Wage Theft Ordinance which both revised and added to D.R.M.C. §§ 58-1 through 58-26, and also amended § 38-51.9. It created new procedures and penalties regarding civil wage theft and vested responsibility for implementation and enforcement with the Denver Auditor’s Office.

These Denver Labor “Rules of Procedure for Appeals and Hearings” are enacted to provide notice of the procedures and requirements applicable to appeals from determinations made pursuant to the Ordinances, as well as hearings over those appeals. These Rules are meant to set standards, ensure consistent practices, and provide clear guidance to parties and hearing officers.

Rules of Procedure for Appeals and Hearings(PDF, 593KB)

Download Rules of Procedure for Appeals and Hearings(PDF, 593KB)

Understanding Wage Theft

Denver Labor enforces civil wage theft, Denver’s minimum wage, and prevailing wage. Employers must pay the highest applicable wage rate to their workers. 

All workers in the City and County of Denver are protected by Denver’s wage ordinances regardless of their immigration status. Denver Labor will not ask about the worker’s country of origin or immigration status during an investigation. Furthermore, Denver Labor will impose penalties for any unfair immigration-related actions or threats to workers.

Research conducted during the development of the ordinance shows employers may use any number of tactics to get out of paying employees, including the following:

Icon of a dollar bill with a forbidden symbol on top.
  • Maintaining insufficient funds in their bank account, so that employees cannot cash their paychecks when they try to do so.
  • Claiming they cannot pay employees because their general contractors have not paid them.
  • Paying daily, then paying weekly, then gradually failing to pay in full or in part.
  • Promising to pay accumulated wages on the next project (called “kiting”).
  • Promising to pay on Fridays but disappearing before payment is due.
  • Intentionally misclassifying workers as independent contractors to get out of payment.

 

Wage theft occurs when a worker is paid less than the full wages to which they are legally entitled. It includes:

Icon of the scales of justices with a forbidden symbol of top.
  • Overtime violations - failing to pay nonexempt employees less than time and a half for hours worked in excess of 40-hours per week.
  • Off-the-clock violations - asking employees to work off the clock before or after their shifts.
  • Meal break violations - denying workers the legal meal breaks.
  • Illegal deductions.
  • Employee misclassification violations - misclassifying employees as independent contractors to pay a wage lower than the minimum or to avoid paying overtime.

 

Immigrants, refugees, and people of color are disproportionately impacted by wage theft.

Frequently Asked Questions

What is civil wage theft?
  • Every worker has the right to be paid the wages they’ve earned and are entitled to. These could include, for example, the minimum wage, overtime, paid sick time, money for all of the time a person spends working, and the wages a person is promised.

  • Civil wage theft happens whenever somebody isn’t paid the wages they’re entitled to, as promised and required by law.

  • Civil wage theft is one of the most common legal violations in the country. Researchers estimate that every year, it affects millions of people and costs tens of billions of dollars.
What does the civil wage theft ordinance do?
  • The ordinance prohibits civil wage theft.  

  • If an employer doesn’t pay you what you’ve earned, you can file a complaint with Denver Labor. Denver Labor will investigate all allegations of wage theft.

  • If you’re the victim of wage theft, Denver Labor will help you collect the money you’re owed, plus interest. You may also be entitled to damages on top of your unpaid wages.
Who does the civil wage theft ordinance apply to?
  • Employers (any corporation, proprietorship, partnership, nonprofit, joint venture, association, individual, limited liability company, business trust, or any person or group of persons who employ a worker acting directly or indirectly in the interest of an employer in relation to a worker) operating in the City & County of Denver. 

  • Workers who work in Denver.
Are there any exclusions?
  • Government entities and their employees are not covered by the civil wage theft ordinance.
What about independent contractors?
  • Independent contractors are “workers” under the ordinance and may file complaints for unpaid wages.
What about criminal wage theft?
  • Denver’s City Attorney’s Office enforces the criminal wage theft ordinance. They are able to pursue cases on behalf of victims who suffered losses of less than $2,000. The City Attorney’s Office may prosecute, thus saving the victim the money needed to hire a lawyer or private investigator.

  • Denver Labor’s civil wage theft enforcement does not have a dollar amount cap and focuses on getting restitution to workers rather than legal prosecution. It allows workers to receive restitution without going to court and no one is at risk of jail time. 

  • Contact the City Attorney’s Office about criminal wage theft here.
Who may make a complaint?
  • Any worker who has worked in Denver may make a complaint.

  • Denver Labor also accepts anonymous complaints and complaints by third-parties.
What protections are there against retaliation?
  • Retaliation is strictly prohibited, and Denver Labor will vigorously investigate all allegations of retaliation. If there is retaliation, Denver Labor will impose penalties on the employer and fix the harm done, up to and including ordering an employer to reinstate a worker who has been fired.

  • Workers have the right to ask about or discuss their rights, tell somebody about an alleged violation, file a complaint or lawsuit, cooperate with an investigation, provide testimony, oppose civil wage theft, or refuse to commit wage theft.

  • Illegal retaliation happens when a person, including employers and their agents, supervisors, managers, or other representatives, are motivated by a worker’s exercise of their rights to take an “adverse action” against the worker. An adverse action is something that punishes or intimidates a worker. Adverse actions can take many forms, including threats, unfair immigration-related practices, disciplining or refusing to promote somebody, modifying a worker’s hours/pay/responsibility, or other negative work-related changes.
Are undocumented workers protected against civil wage theft?

All workers in the City and County of Denver are protected by Denver’s wage ordinances regardless of their immigration status. Denver Labor will not ask about the worker’s country of origin or immigration status during an investigation. Furthermore, Denver Labor will impose penalties for any unfair immigration-related actions or threats to workers.

The U.S. Department of Homeland Security (DHS) has announced that non-citizen workers, who are victims of or witnesses to labor rights violations, can now access a faster and more efficient deferred action request process. As a local labor agency, Denver Labor can and will request DHS to exercise its discretion on behalf of workers employed by companies identified by the agency as having labor disputes falling under our jurisdiction. This will allow us to fully investigate worksite violations and fulfill our mission of holding abusive employers accountable.

What does “up-the-chain" accountability mean?
  • Often, employers contract with other employers to provide services. For example, a hotel might hire a cleaning company, which provides workers for janitorial services; or, a general contractor on a construction site might hire other employers to provide labor for electric work, plumbing, drywall installation, painting, or something else.

  • “Up-the-chain accountability” means that any employer who ultimately benefits from a worker’s labor may be required to pay their wages. If the cleaning company hired by the hotel can’t or won’t pay workers what they’re owed, then Denver Labor can collect from the hotel. Denver Labor will always try first to collect from somebody’s direct employer.
What are the requirements for all businesses?
  • You’ll need to post auditor-approved signage, in English and Spanish. If that’s not possible, you need to provide the information to workers individually, in the worker’s primary language, in a way that is accessible and obvious.

  • You’ll also need to retain payroll records for at least 3 years, comply with any auditor investigation, and refrain from retaliating against employees who ask about their rights or file a claim against you.

 

What is private right of action?
  • This means that workers can file a lawsuit if their rights have been violated.
Is there a time limit for civil wage theft complaints?
  • Complaints must be filed within three years of an alleged violation.

 

Are there penalties for failure to comply with the ordinance?
  • Yes. Employers could face significant penalties for committing wage theft and retaliation. Depending on the act, these penalties can be up to $25,000 per incident.

This page is meant for educational and informational purposes. Nothing on this page alters any party’s rights, duties, or obligations to comply with any law. All parties are encouraged to thoroughly review the law ensure lawful compliance.

Resources and Contact

Resources

Find below the information you need about Civil Wage Theft and Minimum Wage Ordinances:

Contact Us

If you have questions about Denver's Minimum Wage Ordinance or want to submit a wage complaint, please contact us by phone or by email. Denver Labor is here to help.

CALL: 720-913-WAGE (9243)
EMAIL: wagecomplaints@denvergov.org

 

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AUDITOR TIMOTHY O'BRIEN, CPA
Denver Auditor

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201 W. Colfax Ave. #705 Denver, CO 80202
Email: auditor@denvergov.org
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