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Reporting labor violations in Colorado is a fairly straightforward process. The Colorado Department of Labor and Employment provides all the forms you need in order to report a labor violation.
The problem for most employees isn’t filing the complaint. It’s determining when they should file a complaint.
While the State of Colorado will help employees recover unpaid wages, there are numerous reasons why having an attorney litigate your case can produce better results.
Here, we’ll talk about common labor violations, the complaint process, and what to do if you believe that you have been the victim of unfair labor practices.
Filing a Complaint with the Colorado Department of Labor
The Colorado Department of Labor and Employment will expect that anyone who files a complaint with them goes through a formal process. You can find the details of this process here. You can either opt to go through the department’s own process or hire an attorney to handle your case. However, you can’t do both.
In situations where there is a relatively small amount of money at stake, going through the DoL process can save you money. On the other hand, having an attorney present may be better when there is a large amount of money at stake.
In addition, the State of Colorado will not deal with claims relating to bankruptcy, prevailing wages, paid holiday leave, retirement plans, sick leave, or severance pay.
Wage Complaints: Misclassification
There are a number of different kinds of wage and salary complaints that an employee can file. By and large, the vast majority of these involve misclassification.
Misclassification lawsuits often involve the denial of health insurance benefits, paying employees below minimum wage, or denial of overtime. In them, businesses classify employees as independent contractors or managers even when their duties do not correspond to that title.
Employers are not responsible for paying an independent contractor’s health insurance, overtime, or even minimum wage. Independent contractors are paid by the job. On the other hand, not all those classified as independent contractors actually fit the description.
In those cases, employees may deserve to a lot of back-pay including overtime.
In some cases, companies may classify workers as professional or executive workers when they’re really just regular everyday employees. This is so that they can pay on salary and deny overtime.
Wage Complaints: Tipped Employees
Colorado’s minimum wage is currently $10.20 per hour. The minimum wage for a tipped employee in Colorado is $7.18 per hour. In the event that the employee has a very slow night and their compensation for the night comes in under $10.20 per hour, the employer must make up the difference so that it conforms to the Colorado minimum wage of $10.20 an hour.
Employees that are repeatedly cheated in this regard do have cause to recover that money.
Contact an Employment Attorney Today
If you feel the company you work for is cheating you, you can seek damages under the law. The Denver employment attorneys at the Olson Law Firm will help you manage your case. Contact us online or call today and we can help explain your options.