Colorado Revised Statutes

Colo. Rev. Stat. § 8-6-118 (2026)

Recovery of balance of minimum wage

✓ current as of July 2026
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An employee receiving less than the legal minimum wage applicable to such employee is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with reasonable attorney fees and court costs, notwithstanding any agreement to work for a lesser wage.

Source: L. 17: p. 389, § 18. C.L. § 4279. CSA: C. 97, § 253. CRS 53: § 80-9-17. C.R.S. 1963: § 80-7-17. L. 2014: Entire section amended, (SB 14-005), ch. 276, p. 1120, § 8, effective January 1, 2015.

Cross references: For the short title ("Wage Protection Act of 2014") in SB 14-005, see section 1 of chapter 276, Session Laws of Colorado 2014.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2017–2025 · leading case: Samuel Perez v. By the Rockies, LLC, & Duane Layton, 2023 COA 109 (Colo. Ct. App. 2023).
Samuel Perez v. By the Rockies, LLC, & Duane Layton, 2023 COA 109 (Colo. Ct. App. 2023). · cites it 9× “By the Rockies — Labor and Industry — Colorado Wage Claim Act — Limitation of Actions — Colorado Minimum Wage Act — Recovery of Balance of Minimum Wage; Courts and Court Procedures — General Limitation of Actions Six Years In this civil action, an employee appeals the district…”
Sobolewski v. Boselli & Sons, LLC, 342 F. Supp. 3d 1178 (D. Colo. 2018). · cites it 2× “full text of the private right of action provision states as follows: An employee receiving less than the legal minimum wage applicable to such employee is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with reasonable…”
Oldershaw v. Davita Healthcare Partners, Inc., 255 F. Supp. 3d 1110 (D. Colo. 2017). “§§ 8-6-118; 7 Colo. Code. Regs. § 1103-1:18.”
Commissiong v. Ctr. at Lincoln, LLC, The (D. Colo. 2025). · cites it 8× “The CMWA states that “the amount of the theft is the unpaid balance of the full amount of the minimum wage, as described in section 8-6-118.” Colo. Rev. Stat. § 8-6 - 116(2).”
Balle-Tun v. Zeng & Wong, Inc. (D. Colo. 2022). · cites it 2× “” 8 Colo. Rev. Stat. § 8-6-118 , which is part of the CMWA, provides: “An employee receiving less than the legal minimum wage applicable to such employee is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with reasonable…”
Murphy v. Allstaff Med. Resources, Inc. (D. Colo. 2019). “§ 8-6-118. “[N]on-exempt employees must be paid time and one-half their regular rate of pay for all hours worked in excess of 40 per week or 12 per day.”
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