Colorado Employment Law Attorneys

An employer who disregards an employee’s written demand for full payment could be responsible for wages plus penalties. For regular nonpayment, the penalty is double the unpaid amount or $1,000, whichever is more. For willful nonpayment, it's triple the unpaid amount or $3,000, whichever is higher.

Employees cannot sue for unpaid wages right away. They must first send a written demand for full payment. Employers have 14 days to pay after receiving this notice. If they don't pay, they're responsible for the wages plus penalties.

The penalties for employee misclassification include hefty fines, including:

• $5,000 per misclassified employee the first time

• Up to $25,000 per employee on subsequent violations

Employers also must repay all unemployment insurance premiums received with interest.

Multiple misclassifications have additional consequences. Employers may be banned from state contracts for up to two years.

The deadline to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) depends on who you’re filing with.

To preserve your claim with a state agency, such as the Colorado Civil Rights Division (CCRD), the deadline is within 180 days of the alleged discrimination. This also applies when cross-filing with the EEOC. If you’re preserving your claim at the federal level, the deadline to file with the EEOC is within 300 days of the discrimination incident. This also applies when cross-filing with a state agency.