I work for a company that refuses to pay me for my shifts. I've been with them a very short time but I looked them up and their rating on most sites is 1.9. Every single complaint is they aren't getting paid, told they were getting paid a certain wage and then getting a different wage after the shift was completed, not being able to reach anyone or getting turned away by mgr because Shiftsmart sent us at the wrong time. I have the owners phone number and he's responded once. I have screenshots of my unpaid work, shifts worked and payments showing paid that I never received. Btw? They are a company out of Texas. I realize you may not be able to help me based on just my case alone but there are HUNDREDS of complaints on different sites regarding not being paid. Would a class action lawsuit be an option?

Thank you for the question. Your circumstances are complex due to the two jurisdictions: Colorado and Texas. I'll start with the employment and wage issue first.

An employee residing in Colorado but working for a Texas-based company may pursue legal remedies under the Colorado Wage Claim Act (CWCA) if the employment relationship and wage-related issues have sufficient ties to Colorado. If you perform work in Colorado or the Texas company has operations or business activities in Colorado, then the CWCA may apply to your case. If you work remotely from Colorado for a Texas-based company, Colorado may still apply to wage disputes, provided the work is performed in this state. The CWCA governs the payment of wages, including earned and unpaid wages, and provides mechanisms for employees to recover unpaid compensation. C.R.S. 8-4-109, C.R.S. 8-4-103.

If Colorado law applies, you may pursue the following remedies under the CWCA:

• Written Demand for Payment - If the employer fails to pay within 14 days of receiving the written demand, you may be entitled to penalties in addition to the unpaid wages. The penalties may include the greater of two times the unpaid wages or $1,000, and if the failure to pay is willful, the penalty increases to the greater of three times the unpaid wages or $3,000.

• Administrative Claim or Civil Action - You may file an administrative claim with the Colorado Division of Labor Standards and Statistics or initiate a civil action in court to recover unpaid wages. The administrative remedy is available for claims up to $7,500 (increasing to $13,000 after July 1, 2026).

  In a civil action, you may recover unpaid wages, penalties, interest at 12% per annum, and reasonable attorney's fees and costs if successful.

• Penalties for Willful Nonpayment - If the employer’s failure to pay is deemed willful, additional penalties may apply. Evidence of prior wage violations within five years may establish willfulness.

If the employer disputes the applicability of Colorado law, you may need to demonstrate that Colorado has jurisdiction over the wage dispute. Factors such as the location where the work was performed, the employer’s business activities in Colorado, and the terms of the employment agreement (e.g., choice-of-law clauses) will be relevant. If the employment agreement specifies Texas law, you may need to argue that Colorado law should apply due to the work being performed in Colorado.

Your best bet right now is to talk with a Colorado employment law attorney about your options and next steps. We're a full-service law firm and have a team of employment law attorneys who could speak to you about your circumstances in a consultation, which you can schedule online or call 303-688-0944.

As for a class action lawsuit, there are stringent prerequisites to have a viable claim: numerosity, commonality, typicality, and adequacy of representation. They are tough to file - but not impossible. Based on the information I have, I cannot say where you have a case for a class action claim. Once you speak with our employment attorney we can help evaluate for a possible class action. Please request Attorney Glenn Germany for your consultation.

Again, I recommend you speak with an employment law attorney about a possible wage claim. You can schedule online with one of our experienced employment law attorneys or set up the meeting by calling 303-688-0944.