As part of my commercial litigation practice I handle a variety of employment wage theft claims and am committed to advocating for workers who have been wronged by their employers. With significant experience negotiating settlements and litigating cases, contact me if I can help you reclaim the wages you rightfully earned.
Why Wage Theft is a Serious Issue
Wage theft is not just a violation of your rights—it is a serious crime that can significantly impact your financial stability and livelihood. In Colorado, recent changes to the law have introduced stricter penalties for employers who engage in wage theft, making it more important than ever to stand up for your rights. As of 2023, Colorado law allows employees to recover up to three times the amount of their unpaid wages, in addition to attorney fees and other penalties. This means you have a powerful legal framework on your side to ensure justice is served.
The General Assembly has enacted a significant statutory framework for Colorado wage and hour claims along with ongoing Colorado wage claim rulemaking by the Division of Labor Standards and Statistics.
The new law in Colorado on wage claims beginning January 1, 2023, employers in Colorado that do not pay wages owed within 14 days of a wage claim made by a written demand can face an automatic penalty of the greater of: (1) two times the amount of the unpaid wages or compensation; or (2) $1,000.
Common Types of Wage Claims
Failure to Pay Commissions
If you work in sales or a commission-based role, you know how critical your commissions are to your income. Unfortunately, some employers unlawfully withhold these earnings. Whether they fail to pay you altogether or dispute the amount owed, this is a clear violation of your rights.
- Example: An sales employee in the construction services industry owed significant commissions for jobs sold and completed prior to their separation with the company.
Misclassification Cases
Misclassification of employees as independent contractors or “exempt” employees is a tactic some employers use to avoid paying overtime and benefits. This illegal practice can leave workers underpaid and overworked. I have experience on both sides of misclassification cases and ensuring you are compensated correctly.
- Example: A delivery driver misclassified as an independent contractor, missing out on overtime pay and tax contributions payable by an employer.
Withholding of Wages or Wage Theft
Wage theft includes any situation where your employer unlawfully withholds your earned wages. This can range from not paying for all hours worked to making unauthorized deductions from your paycheck. With the new Colorado wage theft penalties in effect, you have a strong legal standing to reclaim your wages.
- Example: A restaurant employee not paid for their final two weeks of work.
Failure to Pay Overtime
Many employers attempt to evade paying overtime by misclassifying employees or manipulating work hours. If you regularly work more than 40 hours a week and are not receiving overtime pay, you are entitled to compensation.
- Example: An IT technician working 50-hour weeks but never paid overtime.
How We Can Help
Comprehensive Wage Case Evaluation
I begin every case with a thorough evaluation to understand your unique situation and determine the best course of action. This includes reviewing your employment records, pay stubs, and other relevant documents to build a strong case. If we don’t have those records, we can request them from the employer.
Skilled Early Negotiation
Many wage disputes can be resolved through negotiation, avoiding the need for lengthy court proceedings. I have negotiated favorable settlements on behalf of companies and employees, and understand the view of company’s to limit their exposure and settle cases early.
Aggressive Litigation of Wage Disputes
If negotiation fails, I am prepared to take your case to court. My aggressive litigation approach is designed to maximize your recovery and hold your employer accountable for their unlawful actions. I am comfortable in the courtroom and in front of a jury.
Personalized Service
Every client receives personalized attention and a tailored approach. I understand the stress and uncertainty that come with wage disputes, and I am committed to providing the support and expertise you need throughout the legal process and move it quickly and aggressively.
Contact Me to Discuss Wage Theft
If you believe you have a wage claim against your employer, don’t wait to seek justice. Contact me to schedule a consultation.