- The Division’s investigation process (from filing of a complaint to determination) may take months, depending on the complexity of your claim and the other claims being processed.
- The burden of proof used in the Division’s investigations is as follows:
- First, an employee must provide an explanation of the claim that is clear, specific, and shows the employee is entitled to wages. The employee must provide sufficient evidence from which both a violation of Colorado wage and hour laws and an estimate of wages due may be reasonably inferred (show your math). Generally, an employee has met their burden before the Division will send a Notice of Complaint to the employer.
- Then, the burden shifts to the employer to prove, by a preponderance of the evidence (meaning more likely than not), that the employee is not entitled to the claimed wages. If the employer fails to meet its burden, or fails to respond, the Division may award wages and/or penalties to the employee based on the employee’s evidence, and assess fines against the employer.
- Anything you provide to the Division may be shared with the other party to the claim.
- Do NOT provide social security numbers (whether your own or someone else’s). You can redact (cross out) any social security numbers that appear on documents you wish to provide to the Division.
- It is your responsibility to inform the Division if there is any change in your contact information (phone number, email, or mailing address). Failure to update your contact information may result in delays in processing, or a dismissal of your claim.
Please Call the Division of Labor Standards and Statistics at 303-318-8441.