Colorado § 8-4-110 Disputes - fees

Colorado Statutes

§ 8-4-110 — Disputes - fees

Colorado·Title 08 Labor and·Art. Wages

(1)(a) The court may award the employer reasonable costs and attorney fees incurred in a civil action brought under this article 4 if, within fourteen days after a written demand letter is sent to or a civil action is served on the employer for unpaid wages or compensation:

(I)The employer makes full legal tender of all amounts demanded in good faith for all employees; and

(II)The court ultimately finds that the employees receiving such tender pursued an action lacking substantial justification.

(b)If, in an administrative claim or civil action in which the employee seeks to recover any amount of wages or compensation, the employee recovers a sum greater than the amount tendered by the employer:

(I)The court, in a civil action, may award the employee reasonable costs and a

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(1) (a) The court may award the employer
reasonable costs and attorney fees incurred in a civil action brought under this
article 4 if, within fourteen days after a written demand letter is sent to or a civil
action is served on the employer for unpaid wages or compensation:

(I) The employer makes full legal tender of all amounts demanded in good
faith for all employees; and

(II) The court ultimately finds that the employees receiving such tender
pursued an action lacking substantial justification.

(b) If, in an administrative claim or civil action in which the employee seeks to
recover any amount of wages or compensation, the employee recovers a sum
greater than the amount tendered by the employer:

(I) The court, in a civil action, may award the employee reasonable costs and
attorney fees incurred in the civil action; and

(II) The division, in an administrative claim, may award the employee
reasonable costs incurred in the administrative claim and may also award attorney
fees to an employee who recovers more than five thousand dollars in unpaid wages
in the administrative claim.

(c) If an employer fails or refuses to make a tender within fourteen days after
the demand or administrative claim or civil action, then such failure or refusal must
be treated as a tender of no money for any purpose under this article 4.

(1.5) This section shall not apply to a claimant who is found to be an
independent contractor and not an employee.

(2) In addition to other relief available to employees under this title 8, a
person claiming to be aggrieved by a violation of this article 4 or any other law or
rule related to wages or hours may file suit in any court having jurisdiction over the
parties to pursue all available equitable relief, including equitable relief to deter
future violations and prevent unjust enrichment, without regard to exhaustion of
any administrative remedies.

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Legislative History

Source: L. 2003: Entire article amended with relocations, p. 1858, � 1, effective August 6. L. 2007: (1) amended and (1.5) added, p. 1678, � 3, effective May 31. L. 2022: (1) amended, (SB 22-161), ch. 370, p. 2630, � 8, effective January 1, 2023. L. 2025: IP(1)(a), (1)(a)(II), and (2) amended, (HB 25-1001), ch. 228, p. 1041, � 4, effective August 6.