As used in this article 4, unless the context otherwise requires:
(1) "Citation" means a written determination by the division that a wage payment
requirement has been violated.
(2) "Credit" means an arrangement or understanding with the bank or other drawee for
the payment of an order, check, draft, note, memorandum, or other acknowledgment of
indebtedness.
(3) "Director" means the director of the division of labor standards and statistics or his or
her designee.
(4) "Division" means the division of labor standards and statistics in the department of
labor and employment.
(5) "Employee" means any person, including a migratory laborer, performing labor or
services for the benefit of an employer. For the purpose of this article 4, relevant factors in
determining whether a person is an employee include the degree of control the employer may or
does exercise over the person and the degree to which the person performs work that is the
primary work of the employer; except that an individual primarily free from control and
direction in the performance of the service, both under his or her contract for the performance of
service and in fact, and who is customarily engaged in an independent trade, occupation,
profession, or business related to the service performed is not an "employee".
(6) "Employer" has the same meaning as set forth in the federal "Fair Labor Standards
Act of 1938", 29 U.S.C. sec. 203 (d), and includes a foreign labor contractor and a migratory
field labor contractor or crew leader; except that the provisions of this article 4 do not apply to
the state or its agencies or entities, counties, cities and counties, municipal corporations, quasi-
municipal corporations, school districts, and irrigation, reservoir, or drainage conservation
companies or districts organized and existing under the laws of Colorado.
(7) "Field labor contractor" means anyone who contracts with an employer to recruit,
solicit, hire, or furnish migratory labor for agricultural purposes to do any one or more of the
following activities in this state: Hoeing, thinning, topping, sacking, hauling, harvesting,
cleaning, cutting, sorting, and other direct manual labor affecting beets, onions, lettuce, potatoes,
tomatoes, and other products, fruits, or crops in which labor is seasonal in this state. Such term
shall not include a farmer or grower, packinghouse operator, ginner, or warehouseman or any
full-time regular and year-round employee of the farmer or grower, packinghouse operator,
ginner, or warehouseman who engages in such activities, nor shall it include any migratory
laborer who engages in such activities with regard to such migratory laborer's own children,
spouse, parents, siblings, or grandparents.
(8) "Fine" means any monetary amount assessed against an employer and payable to the
division.
(8.5) "Foreign labor contractor" means any person who recruits or solicits for
compensation a foreign worker who resides outside of the United States in furtherance of that
worker's employment in Colorado; except that "foreign labor contractor" does not include any
entity of the federal, state, or local government.
(9) "Migratory laborer" means any person from within or without the limits of the state
of Colorado who offers his or her services to a field labor contractor, whether from within or
from without the limits of the state of Colorado, so that said field labor contractor may enter into
a contract with any employer to furnish the services of said migratory laborers in seasonal
employment.
(10) "Notice of assessment" means a written notice by the division, based on a citation,
that the employer must pay the amount of wages, penalties, or fines assessed.
(11) "Notice of complaint" means the letter sent by the division as described in section
8-4-111 (2)(a).
(12) "Penalty" means any monetary amount assessed against an employer and payable to
an employee.
(13) "Wage complaint" means a complaint filed with the division from an employee for
unpaid wages alleging that an employer has violated section 15 of article XVIII of the Colorado
constitution, this article, article 6 of this title, or any rule adopted by the director pursuant to this
article or article 6 of this title.
(14) (a) "Wages" or "compensation" means:
(I) All amounts for labor or service performed by employees, whether the amount is
fixed or ascertained by the standard of time, task, piece, commission basis, or other method of
calculating the same or whether the labor or service is performed under contract, subcontract,
partnership, subpartnership, station plan, or other agreement for the performance of labor or
service if the labor or service to be paid for is performed personally by the person demanding
payment. No amount is considered to be wages or compensation until such amount is earned,
vested, and determinable, at which time such amount shall be payable to the employee pursuant
to this article.
(II) Bonuses or commissions earned for labor or services performed in accordance with
the terms of any agreement between an employer and employee;
(III) Vacation pay earned in accordance with the terms of any agreement. If an employer
provides paid vacation for an employee, the employer shall pay upon separation from
employment all vacation pay earned and determinable in accordance with the terms of any
agreement between the employer and the employee.
(IV) "Paid sick leave" as provided in part 4 of article 13.3 of this title 8.
(b) "Wages" or "compensation" does not include severance pay.
(15) "Written demand" means any written demand for wages or compensation from or
on behalf of an employee, including a notice of complaint, mailed or delivered to the employer's
correct address.
Source: L. 2003: Entire article amended with relocations, p. 1850, § 1, effective August
6. L. 2014: Entire section amended, (SB 14-005), ch. 276, p. 1110, § 2, effective January 1,
2015. L. 2016: (3) and (4) amended, (HB 16-1323), ch. 131, p. 378, § 10, effective August 10.
L. 2019: IP, (5), and (6) amended and (8.5) added, (HB 19-1267), ch. 182, p. 2058, § 2, effective
January 1, 2020. L. 2020: (14)(a)(IV) added, (SB 20-205), ch. 294, p. 1457, § 2, effective July
14.
Cross references: (1) For the short title ("Wage Protection Act of 2014") in SB 14-005,
see section 1 of chapter 276, Session Laws of Colorado 2014.
(2) For the legislative declaration in HB 19-1267, see section 1 of chapter 182, Session
Laws of Colorado 2019.
Notes of Decisions
Cited in
180
cases (
85 in the last 5 years), 1975–2026 · leading case:
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003).
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003).
· cites it 66× “1, the United States Court of Appeals for the Tenth Circuit certified to us the following questions of Colorado law: 1) Are officers of a now-bankrupt corporation individually liable for the wages of the corporation's former employees under the Colorado Wage Claim Act,…”
In re the Marriage of Cardona, 316 P.3d 626 (Colo. 2014).
· cites it 6× “Under section 8-4-101(8)(a)(III), an employer who provides paid vacation for an employee must pay the employee, upon separation from employment, "all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.”
Carmen Nieto v. Clark's Mkt., Inc., 488 P.3d 1140 (Colo. 2021).
· cites it 13× “Accordingly, under the CWCA , all vacation pay that is earned and determinable must be paid at the end of the employment relationship, see §§ 8-4-101 (14) (a) (III) , - 109 (1) (a) , C.”
Pinkstaff v. Black & Decker (U.S.) Inc., 211 P.3d 698 (Colo. 2009).
· cites it 5× “[5] Pinkstaff was an account executive who was paid a base salary and earned a bonus if her sales exceeded a set quota.”
Hernandez v. Ray Domenico Farms, Inc., 2018 CO 15 (Colo. 2018).
· cites it 6× “1 to answer a certified question of law from the United States District Court for the District of Colorado regarding how far back in time a terminated employee's unpaid wage claims can reach under the Colorado Wage Claim Act, §§ 8-4-101 to - 123, C.R.S. (2017). Answering this…”
Fang v. Showa Entetsu Co., Ltd., 91 P.3d 419 (Colo. Ct. App. 2003).
· cites it 10× “We note that effective August 6, 2003, § 8-4-101 was amended to specifically exclude severance pay as wages or compensation.”
Sobolewski v. Boselli & Sons, LLC, 342 F. Supp. 3d 1178 (D. Colo. 2018).
· cites it 6× “("FLSA"); (2) violation of the Colorado Wage Claim Act, Colo. Rev. Stat. § 8-4-101 , et seq. ("CWCA"); (3) violation of the Colorado Minimum Wage Act, Colo.”
Hoyt v. Target Stores, Div. of Dayton Hudson Corp., 981 P.2d 188 (Colo. Ct. App. 1998).
· cites it 11× “She relied on the Colorado Wage Claim Act, §8-4-101, et seq., C.R.S.1998, which makes it unlawful for the agent of an employer to willfully refuse to pay a wage claim, or falsely deny the amount of a wage claim, or the validity thereof, "with intent to annoy, harass, oppress,…”
Carruthers v. Carrier Access Corp., 251 P.3d 1199 (Colo. Ct. App. 2010).
· cites it 2× “2010, of the Colorado Wage Claim Act, sections 8-4-101 to -128, C.R.S8.2010 (the Wage Act), allow a court to award attorney fees to an employer that prevailed on an employee's Wage Act claim only if the employee's claim was frivolous? We hold that it does not: the court may make…”
Rohr v. Ted Neiters Motor Co., 758 P.2d 186 (Colo. Ct. App. 1988).
· cites it 8× “In this action for the collection of wages pursuant to § 8-4-101, et seq., C.R.S. (1986 RepLVol.”
— Colo. Rev. Stat. § 8-4-101(14)(a) — 1 case
Hernandez v. Ray Domenico Farms, Inc., 2018 CO 15 (Colo. 2018).
“1 to answer a certified question of law from the United States District Court for the District of Colorado regarding how far back in time a terminated employee's unpaid wage claims can reach under the Colorado Wage Claim Act, §§ 8-4-101 to - 123, C.R.S. (2017). Answering this…”
— Colo. Rev. Stat. § 8-4-101(14)(a)(1) — 1 case
— Colo. Rev. Stat. § 8-4-101(14)(a)(I) — 6 cases
— Colo. Rev. Stat. § 8-4-101(14)(a)(II) — 3 cases
— Colo. Rev. Stat. § 8-4-101(14)(a)(III) — 3 cases
Hernandez v. Ray Domenico Farms, Inc., 2018 CO 15 (Colo. 2018).
“1 to answer a certified question of law from the United States District Court for the District of Colorado regarding how far back in time a terminated employee's unpaid wage claims can reach under the Colorado Wage Claim Act, §§ 8-4-101 to - 123, C.R.S. (2017). Answering this…”
— Colo. Rev. Stat. § 8-4-101(14)(b) — 2 cases
— Colo. Rev. Stat. § 8-4-101(15) — 2 cases
— Colo. Rev. Stat. § 8-4-101(5) — 6 cases
— Colo. Rev. Stat. § 8-4-101(6) — 18 cases
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003).
“1, the United States Court of Appeals for the Tenth Circuit certified to us the following questions of Colorado law: 1) Are officers of a now-bankrupt corporation individually liable for the wages of the corporation's former employees under the Colorado Wage Claim Act,…”
— Colo. Rev. Stat. § 8-4-101(8)(a) — 4 cases
Carruthers v. Carrier Access Corp., 251 P.3d 1199 (Colo. Ct. App. 2010).
“2010, of the Colorado Wage Claim Act, sections 8-4-101 to -128, C.R.S8.2010 (the Wage Act), allow a court to award attorney fees to an employer that prevailed on an employee's Wage Act claim only if the employee's claim was frivolous? We hold that it does not: the court may make…”
— Colo. Rev. Stat. § 8-4-101(8)(a)(I) — 1 case
Fang v. Showa Entetsu Co., Ltd., 91 P.3d 419 (Colo. Ct. App. 2003).
“We note that effective August 6, 2003, § 8-4-101 was amended to specifically exclude severance pay as wages or compensation.”
— Colo. Rev. Stat. § 8-4-101(8)(a)(II) — 2 cases
— Colo. Rev. Stat. § 8-4-101(8)(a)(III) — 1 case
In re the Marriage of Cardona, 316 P.3d 626 (Colo. 2014).
“Under section 8-4-101(8)(a)(III), an employer who provides paid vacation for an employee must pay the employee, upon separation from employment, "all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.”
— Colo. Rev. Stat. § 8-4-101(8)(b) — 2 cases
Fang v. Showa Entetsu Co., Ltd., 91 P.3d 419 (Colo. Ct. App. 2003).
“We note that effective August 6, 2003, § 8-4-101 was amended to specifically exclude severance pay as wages or compensation.”
— Colo. Rev. Stat. § 8-4-101(9) — 12 cases
Leonard v. McMorris, 63 P.3d 323 (Colo. 2003).
“1, the United States Court of Appeals for the Tenth Circuit certified to us the following questions of Colorado law: 1) Are officers of a now-bankrupt corporation individually liable for the wages of the corporation's former employees under the Colorado Wage Claim Act,…”
Rohr v. Ted Neiters Motor Co., 758 P.2d 186 (Colo. Ct. App. 1988).
“In this action for the collection of wages pursuant to § 8-4-101, et seq., C.R.S. (1986 RepLVol.”
Hoyt v. Target Stores, Div. of Dayton Hudson Corp., 981 P.2d 188 (Colo. Ct. App. 1998).
“She relied on the Colorado Wage Claim Act, §8-4-101, et seq., C.R.S.1998, which makes it unlawful for the agent of an employer to willfully refuse to pay a wage claim, or falsely deny the amount of a wage claim, or the validity thereof, "with intent to annoy, harass, oppress,…”
Fang v. Showa Entetsu Co., Ltd., 91 P.3d 419 (Colo. Ct. App. 2003).
“We note that effective August 6, 2003, § 8-4-101 was amended to specifically exclude severance pay as wages or compensation.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.