Filing a wage theft complaint with the Denver Auditor is a vital right for workers in the City and County of Denver who have been denied their full wages. Wage theft is more than just a paycheck shortfall—it is a serious violation of the law, and Denver has strong local protections in place. The Denver City Council passed a civil wage theft ordinance to give the Denver Auditor’s Office the power to investigate complaints, enforce payment, and ensure that all workers are paid what they’re owed for their labor.
This detailed guide explains what wage theft is, how the Denver wage theft ordinance works, who it covers (including independent contractors, labor brokers, and staffing agencies), the role of the Auditor’s Office, new procedures for investigations, penalties for employers, and how to file complaints. If you’re a worker, employer, or advocate in Denver, read on to learn your rights and obligations under this law.
Understanding Wage Theft in Denver
Before you wonder if you can recover tips after a wage-related lawsuit, you should understand wage theft.
Wage theft occurs when an employer fails to pay employees or workers the full wages they have legally earned for their labor. This can happen in many ways:
- Paying less than the minimum wage
- Failing to pay unpaid wages for hours worked
- Refusing paid sick time as required
- Not paying overtime
- Making illegal deductions
- Misclassifying workers as independent contractors to avoid wage laws
Under Denver’s civil wage theft ordinance, these practices are illegal if the work is performed in connection with business or commercial activity in Denver. Even the Denver labor department or workers’ labor ultimately benefits employees. It also assists with matters involving government entities.
The Denver Wage Theft Ordinance: Background and Purpose
Denver’s wage theft ordinance—passed by the Denver City Council—is formally known as the Civil Wage Theft Ordinance. It was enacted to address rampant wage theft in sectors like restaurants, construction, janitorial services, and other commercial activities.
Key goals of the ordinance:
- Protect workers individually from exploitation
- Hold employers accountable, including general contractors, labor brokers, and staffing agencies
- Ensure workers receive their full wages and paid sick time
- Provide a clear, local process for filing and investigating complaints
This new ordinance empowers the Denver Auditor’s Office to investigate and enforce wage theft violations at the city level—an important supplement to the Colorado Wage Act and other state laws.
Who Does the Ordinance Apply To?
The Denver wage theft ordinance applies broadly to any business or commercial activity within the City and County of Denver that hires workers to provide labor. Covered work includes:
- Construction at a construction site
- Work for a cleaning company
- Janitorial services
- Restaurant or food-service work
- Delivery and transportation
- Retail and sales
- Any other commercial activity in Denver
Employers can be direct employers, labor brokers, staffing agencies, or even general contractors under the ordinance. This reflects up the chain accountability—meaning liability can extend beyond the company that directly pays the worker.
Up the Chain Accountability Explained
A key innovation of Denver’s civil wage theft ordinance is the chain of accountability. It recognizes that many industries rely on layered contracting:
- General contractors hire labor brokers or staffing agencies.
- Those brokers then hire workers.
If a subcontractor or labor broker fails to pay full wages, the general contractor can also be held liable. This ensures workers individually don’t get lost in complex chains of responsibility.
Employer Responsibilities Under the Ordinance
To comply with the wage theft ordinance, employers must:
- Pay the minimum wage set by Denver (which exceeds the state minimum)
- Provide paid sick time as required under city and state laws
- Pay all wages owed for all hours worked
- Avoid misclassifying workers as independent contractors if they should be treated as employees
- Retain payroll records for the required period
- Post Auditor approved signage in the worker’s primary language, informing them of their rights
Failure to meet these obligations can trigger an auditor investigation and penalties.
Filing a Wage Theft Complaint with the Denver Auditor’s Office
Workers in Denver have the right to file complaints with the Denver Auditor’s Office if they believe wage theft has occurred.
You can file a complaint if:
- You performed work in the City and County of Denver
- You were not paid the correct minimum wage or full wages
- You were denied paid sick time
- You worked through a staffing agency, labor broker, or subcontractor
- You suspect misclassification as an independent contractor
Workers individually can file, and advocacy groups may assist in preparing complaints.
How to File a Complaint
To file a wage theft complaint with the Denver Auditor’s Office:
- Online: Complete the city’s online complaint form.
- Email: Send details and evidence to the Auditor’s Office email for labor complaints.
- Mail: Mail a completed form or letter to the Auditor’s Office.
- In person: Visit the Auditor’s Office for assistance.
The complaint should include:
- Your name and contact information (though anonymity may be requested)
- Employer’s name, address, and contact info
- The work performed, dates, and hours worked
- Wages paid versus wages owed
- Supporting payroll records, pay stubs, and communications
- Any additional information you have
The Auditor’s Investigation Process
After you file a complaint, the Denver Auditor’s Office will begin an audit investigation:
- Initial review: Check if the complaint is within Denver’s jurisdiction and the ordinance applies.
- Employer notice: Notify the employer and request payroll records and other documentation.
- Evidence gathering: Examine employer records, worker testimony, and convincing evidence.
- Findings: Determine if wage theft occurred.
If a violation occurs:
- The employer pays full wages owed.
- Interest may be added.
- Penalties may apply, especially for repeat or willful violations.
- Public disclosure may occur for serious violators.
Employers must comply with the auditor’s office decision or face further enforcement.
Penalties and Remedies for Employers
The Denver wage theft ordinance includes strong penalties to deter violations:
- Full payment of all unpaid wages
- Payment of treble damages (three times the unpaid amount) in some cases
- Payment of interest on unpaid wages
- Civil penalties for noncompliance or repeated violations
- Public naming of employers who repeatedly violate the law
This creates a serious incentive for business owners to comply fully with wage laws.
Worker Protections Against Retaliation
The ordinance strictly prohibits adverse action against workers who assert their rights. That means an employer cannot:
- Fire or discipline a worker for filing a complaint
- Threaten immigration reporting
- Reduce hours or pay as a punishment
- Discriminate in scheduling or assignments
Employers who engage in retaliation can face additional penalties.
Denver’s Broader Labor Standards Framework
The civil wage theft ordinance is part of Denver’s broader strategy to strengthen labor protections. It complements:
- Denver’s local minimum wage ordinance
- Paid sick and safe time requirements
- State protections under the Colorado Wage Act
- Federal standards under the Fair Labor Standards Act
Together, these laws aim to ensure that workers individually and collectively receive fair pay for their labor.
Employers in Denver must navigate overlapping requirements and ensure compliance at all levels—from general contractors to labor brokers to direct employers.
Conclusion: Filing a Wage Theft Complaint with the Denver Auditor
Filing a wage theft complaint with the Denver Auditor is an essential tool for enforcing workers’ rights in the City and County of Denver. The civil wage theft ordinance reflects Denver’s commitment to ensuring all workers receive their full wages, minimum wage, paid sick time, and protection from exploitation.
You have the right to be paid fully and fairly for your labor, whether you’re working on a construction site, in a cleaning company, or at a restaurant. The Auditor’s Office provides an independent process for holding employers accountable, reviewing payroll records, and enforcing the law.
If you suspect you’ve been a victim of wage theft, don’t stay silent. Filing a complaint is your right, the first step toward recovering damages.
Need Help with Wage Theft or Labor Law Issues? BLG is here
Our experienced attorneys help workers and businesses understand Denver’s wage theft ordinance, the Colorado Wage Act, and all local, state, and federal requirements. We can help you file complaints, navigate investigations, and protect your rights. Don’t let unpaid wages or wage theft go unchallenged—get the legal support you deserve. BLG is here for you.
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