Colorado § 8-5-104 Employer liability - awards

Colorado Statutes

§ 8-5-104 — Employer liability - awards

Colorado·Title 08 Labor and·Art. Wage Equality

(1)(a) An employer who violates section 8-5-102 (1) is liable for economic damages in an amount equal to the difference between the amount that the employer paid to the complaining employee and the amount that the employee would have received had there been no violation plus liquidated damages in an amount equal to the employee's economic damages, except as provided in subsection (1)(b) of this section.

(b)(I) If the employer demonstrates that the act or omission giving rise to the violation was in good faith and that the employer has reasonable grounds for believing that the employer did not violate section 8-5-102 (1), the court shall not award liquidated damages.

(II)In determining whether the employer's violation was in good faith, the fact finder may consider evidence th

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(1) (a) An employer who violates
section 8-5-102 (1) is liable for economic damages in an amount equal to the
difference between the amount that the employer paid to the complaining
employee and the amount that the employee would have received had there been
no violation plus liquidated damages in an amount equal to the employee's
economic damages, except as provided in subsection (1)(b) of this section.

(b) (I) If the employer demonstrates that the act or omission giving rise to the
violation was in good faith and that the employer has reasonable grounds for
believing that the employer did not violate section 8-5-102 (1), the court shall not
award liquidated damages.

(II) In determining whether the employer's violation was in good faith, the
fact finder may consider evidence that within two years prior to the date of the
commencement of a civil action pursuant to section 8-5-103, the employer
completed a thorough and comprehensive pay audit of its workforce, with the
specific goal of identifying and remedying unlawful pay disparities.

(2) An employer who violates any provision of section 8-5-102 is liable for:

(a) Legal and equitable relief, which may include employment,
reinstatement, promotion, pay increase, payment of lost wage rates, and liquidated
damages; and

(b) The employee's reasonable costs, including attorney fees.

(3) Nothing in this section precludes an employee from asserting any other
available statutory or common-law claims.

Colorado § 8-5-104 (Employer liability - awards) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 55: p. 504, � 4. CRS 53: � 80-23-4. C.R.S. 1963: � 80-3-4. L. 69: p. 594, � 70. L. 2019: Entire section amended, (SB 19-085), ch. 247, p. 2415, � 6, effective January 1, 2021.