Colorado § 24-92-210 Private right of action to collect wages or benefits - definition

Colorado Statutes

§ 24-92-210 — Private right of action to collect wages or benefits - definition

Colorado § 24-92-210

Title 24Government

Art.Construction Bidding for Public Projects

This text of Colorado § 24-92-210 (Private right of action to collect wages or benefits - definition) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 24-92-210 (2026).

Text

(1)An employee or former employee of a contractor or subcontractor may bring a civil action for a violation of section 24-92-204 for appropriate injunctive relief, actual damages, or both within three years after the occurrence of the alleged violation. An action commenced pursuant to this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom in the civil complaint is filed resides or has their principal place of business. Any contractor or subcontractor who violates section 24-92-204 shall be liable to the affected employee or employees in the amount of unpaid wages or benefits plus interest.

(2)A contractor or subcontractor's responsibility and liab

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(1) An employee or former employee of a contractor or subcontractor may bring a
civil action for a violation of section 24-92-204 for appropriate injunctive relief,
actual damages, or both within three years after the occurrence of the alleged
violation. An action commenced pursuant to this section may be brought in the
district court for the county where the alleged violation occurred, the county where
the complainant resides, or the county where the person against whom in the civil
complaint is filed resides or has their principal place of business. Any contractor or
subcontractor who violates section 24-92-204 shall be liable to the affected
employee or employees in the amount of unpaid wages or benefits plus interest.

(2) A contractor or subcontractor's responsibility and liability is solely for its
own employees.

(3) An action initiated pursuant to this section may be brought by one or
more employees or former employees on behalf of him or herself or themselves and
other employees similarly situated; except that no employee shall be a party to any
such action unless he or she consents in writing to become such a party and such
consent is filed in the court in which such action is brought.

(4) If the court finds that an action brought pursuant to this section was
frivolous, the court shall award costs and attorney fees to the defendant in the
action.

(5) The court in an action filed under this section shall award affected
employees or former employees liquidated damages in an amount equal to the
amount of unpaid wages or benefits owed. Unpaid fringe benefit contributions owed
pursuant to this section in any form shall be paid to the appropriate benefit fund;
except that in the absence of an appropriate fund the benefit shall be paid directly
to the individual.

(6) The filing of a civil action under this section shall not preclude the
director from prohibiting a contractor or subcontractor from bidding on or
otherwise participating in state contracts or from prohibiting termination of work on
failure to pay agreed wages.

(7) (a) Any person, firm, or corporation found to have willfully made a false or
fraudulent representation in connection with wage obligations owed on a contract
shall be required to pay a civil penalty in an amount of no less than one thousand
dollars and not greater than three thousand dollars per representation. Such
penalties shall be recoverable in civil actions filed pursuant to this section.

(b) For purposes of this subsection (7) willfully means representations that
are known to be false or representations made with deliberate ignorance or
reckless disregard for their truth or falsity.

(8) An employer shall not discharge, threaten, or otherwise discriminate
against an employee, or former employee, regarding compensation terms,
conditions, locations or privileges of employment because the employee or former
employee, or a person or organization acting on his or her behalf reports or makes a
complaint under this section or otherwise asserts his or her rights under this
section.