(1) (a) The court may award the employer reasonable costs
and attorney fees incurred in a civil action if, within fourteen days after a written demand letter
is sent to or a civil action is served on the employer for unpaid wages or compensation:
(I) The employer makes full legal tender of all amounts demanded in good faith for all
employees; and
(II) The employees receiving such tender ultimately fail to recover a total sum that is
greater than the amount the employer tendered.
(b) If, in an administrative claim or civil action in which the employee seeks to recover
any amount of wages or compensation, the employee recovers a sum greater than the amount
tendered by the employer:
(I) The court, in a civil action, may award the employee reasonable costs and attorney
fees incurred in the civil action; and
(II) The division, in an administrative claim, may award the employee reasonable costs
incurred in the administrative claim and may also award attorney fees to an employee who
recovers more than five thousand dollars in unpaid wages in the administrative claim.
(c) If an employer fails or refuses to make a tender within fourteen days after the
demand or administrative claim or civil action, then such failure or refusal must be treated as a
tender of no money for any purpose under this article 4.
(1.5) This section shall not apply to a claimant who is found to be an independent
contractor and not an employee.
(2) Any person claiming to be aggrieved by violation of any provisions of this article or
regulations prescribed pursuant to this article may file suit in any court having jurisdiction over
the parties without regard to exhaustion of any administrative remedies.
Source: L. 2003: Entire article amended with relocations, p. 1858, § 1, effective August
6. L. 2007: (1) amended and (1.5) added, p. 1678, § 3, effective May 31. L. 2022: (1) amended,
(SB 22-161), ch. 370, p. 2630, § 8, effective January 1, 2023.
Editor's note: Subsection (2) is similar to former § 8-4-123 as it existed prior to 2003.
Cross references: For the legislative declaration contained in the 2007 act amending
subsection (1) and enacting subsection (1.5), see section 1 of chapter 381, Session Laws of
Colorado 2007.
Notes of Decisions
Carruthers v. Carrier Access Corp., 251 P.3d 1199 (Colo. Ct. App. 2010).
· cites it 50× “Does section 8-4-110(1), C.R.S.2010, of the Colorado Wage Claim Act, sections 8-4-101 to -128, C.”
Lester v. Career Bldg. Academy, 338 P.3d 1054 (Colo. Ct. App. 2014).
· cites it 17× “3d at 1208-09 , he asserted that section 8-4-110(1), C.R.S8.2018, presumptively entitles a prevailing employee to an award of attorney fees.”
Voller v. Gertz, 107 P.3d 1129 (Colo. Ct. App. 2004).
· cites it 7× “Under § 8-4-110, C.R.S.2004, both employees and employers are entitled to recover reasonable attorney fees in limited circumstances.”
Adams Reload Co. v. Int'l Profit Assocs., Inc., 143 P.3d 1056 (Colo. Ct. App. 2005).
· cites it 3× “In Moms, the division examined the wording of the former versions of § 8-4-110(2), C.R.S.2005, in the Colorado Wage Claim Act (CWCA), which provides that any employee aggrieved under that act may file a civil action in “any court having jurisdiction over the parties,” and §…”
Brownlee v. Lithia Motors, Inc., 49 F. Supp. 3d 875 (D. Colo. 2014).
· cites it 4× “Colo. Rev. Stat. § 8-4-110 (l)(providing that the court may award reasonable costs and attorney fees incurred in such action to the employer when “the employee fails to recover a greater sum than the amount tendered by the employer .”
Johnson v. Hewlett-Packard Co., 809 F. Supp. 2d 1114 (N.D. Cal. 2011).
“5) (“[I]f, within fourteen days after the employee’s demand, the employer makes a legal tender of the amount that the employer in good faith believes is due, the employer shall not be liable for any penalty unless, in a legal action, the employee recovers a greater sum than the…”
Hernandez v. Ray Domenico Farms, Inc., 250 F. Supp. 3d 789 (D. Colo. 2017).
“First, § 8-4-110(2) provides that “[a]ny person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any…”
Graham v. Zurich Am. Ins. Co., 296 P.3d 347 (Colo. Ct. App. 2012).
· cites it 2× “See § 8-4-110(1), C.R.S. 2012. Because the award is discretionary, many factors must be considered, including (1) the seope and history of the litigation, (2) the parties' relative ability to pay and the relative hardship, (3) the relative merits of the parties' positions, and…”
— Colo. Rev. Stat. § 8-4-110(1) — 8 cases
Carruthers v. Carrier Access Corp., 251 P.3d 1199 (Colo. Ct. App. 2010).
“Does section 8-4-110(1), C.R.S.2010, of the Colorado Wage Claim Act, sections 8-4-101 to -128, C.”
Lester v. Career Bldg. Academy, 338 P.3d 1054 (Colo. Ct. App. 2014).
“3d at 1208-09 , he asserted that section 8-4-110(1), C.R.S8.2018, presumptively entitles a prevailing employee to an award of attorney fees.”
Voller v. Gertz, 107 P.3d 1129 (Colo. Ct. App. 2004).
“Under § 8-4-110, C.R.S.2004, both employees and employers are entitled to recover reasonable attorney fees in limited circumstances.”
Johnson v. Hewlett-Packard Co., 809 F. Supp. 2d 1114 (N.D. Cal. 2011).
“5) (“[I]f, within fourteen days after the employee’s demand, the employer makes a legal tender of the amount that the employer in good faith believes is due, the employer shall not be liable for any penalty unless, in a legal action, the employee recovers a greater sum than the…”
— Colo. Rev. Stat. § 8-4-110(1)(a)(I) — 1 case
— Colo. Rev. Stat. § 8-4-110(1)(b) — 1 case
— Colo. Rev. Stat. § 8-4-110(1)(b)(I) — 2 cases
— Colo. Rev. Stat. § 8-4-110(2) — 6 cases
Adams Reload Co. v. Int'l Profit Assocs., Inc., 143 P.3d 1056 (Colo. Ct. App. 2005).
“In Moms, the division examined the wording of the former versions of § 8-4-110(2), C.R.S.2005, in the Colorado Wage Claim Act (CWCA), which provides that any employee aggrieved under that act may file a civil action in “any court having jurisdiction over the parties,” and §…”
Brownlee v. Lithia Motors, Inc., 49 F. Supp. 3d 875 (D. Colo. 2014).
“Colo. Rev. Stat. § 8-4-110 (l)(providing that the court may award reasonable costs and attorney fees incurred in such action to the employer when “the employee fails to recover a greater sum than the amount tendered by the employer .”
Hernandez v. Ray Domenico Farms, Inc., 250 F. Supp. 3d 789 (D. Colo. 2017).
“First, § 8-4-110(2) provides that “[a]ny person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any…”
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