Colo. Rev. Stat. § 8-4-119 (2026)

(1) Any field labor contractor who commits a violation of any provision of this article or implementing regulation shall be subject to a civil penalty of not more than two hundred fifty dollars for each violation. The penalty shall be assessed by the director pursuant to a published schedule of penalties and after written notice and after an opportunity for hearing under procedures established by the director. This provision as to civil penalties shall not exclude the possibility of criminal penalties as set forth in this article.

(2) The director, in the director's discretion, may grant a reasonable period of time, but in no event longer than ten days after the day of notification, for correction of the violation. In the event the violation is corrected within that period, no penalty shall be imposed.

Source: L. 2003: Entire article amended with relocations, p. 1861, § 1, effective August 6.

Editor's note: This section is similar to former § 8-4-122 as it existed prior to 2003, and the former § 8-4-119 was relocated to § 8-4-116.

8-4-120. Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies. (1) An employer shall not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against any employee who has:

(a) [Editor's note: This version of subsection (1)(a) is effective until January 1, 2025.] Filed any complaint or instituted or caused to be instituted any proceeding under this article 4 or any other law or rule related to wages or hours; or

(a) [Editor's note: This version of subsection (1)(a) is effective January 1, 2025.] Filed any complaint or instituted or caused to be instituted any proceeding under this article 4 or any other law or rule related to wages, hours, or employment of minors; or

(b) Testified or provided other evidence, or may testify or provide other evidence, in any proceeding on behalf of the employee or another person regarding afforded protections under this article 4 or under any other law or rule related to wages or hours.

(2) An employer who violates this section commits a class 2 misdemeanor.

(3) (a) An employee who alleges a violation of subsection (1) of this section may file a civil action in a court of competent jurisdiction against the employer alleged to have violated this section to seek legal and equitable relief as appropriate to remedy the violation, including:

(I) Back pay;

(II) Reinstatement of employment or, if reinstatement is not feasible, front pay;

(III) The payment of wages unlawfully withheld;

(IV) Interest on unpaid wages at a rate of twelve percent per annum from the date the wages were first due;

(V) The payment of a penalty of fifty dollars per day for each employee whose rights under this section were violated and for each day that the violation occurred or continued;

(VI) Liquidated damages in an amount equal to the greater of two times the amount of the unpaid wages or two thousand dollars; and

(VII) Injunctive relief.

(b) If the employee prevails in a civil action brought pursuant to this subsection (3), the court shall award the employee reasonable attorney fees and costs.

(4) The division may investigate and enforce discrimination or retaliation prohibited by this article 4 or article 6 of this title 8 and, after investigation, may order the relief specified in subsection (3)(a) of this section.

Source: L. 2003: Entire article amended with relocations, p. 1862, § 1, effective August 6. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3141, § 88, effective March 1, 2022. L. 2022: Entire section amended, (SB 22-161), ch. 370, p. 2636, § 11, effective August 10. L. 2024: (1)(a) amended, (HB 24-1095), ch. 378, p. 2567, § 5, effective January 1, 2025.

Editor's note: (1) This section is similar to former § 8-4-124 as it existed prior to 2003, and the former § 8-4-120 was relocated to § 8-4-117.

(2) Section 8 of chapter 378 (HB 24-1095), Session Laws of Colorado 2024, provides that the act changing this section applies to conduct occurring on or after January 1, 2025.

Cross references: For the penalty for a class 2 misdemeanor, see § 18-1.3-501.