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Division Authority and Coverage

Claims the Division Can (and Can't) Investigate

 Before investigating a complaint, the Division must determine whether it has the authority or coverage to investigate. You can use the list below to jump ahead to the type of complaint you are inquiring about to learn more about whether the Division has authority/coverage in certain types of investigations.

Unpaid Wages (including sick pay)

Yes, the Division may investigate.

The Division may have the authority to assist you with the following complaints for unpaid wages of $7,500 or less:

For more information on the topics below, please take a look at the INFOs mentioned in parenthesis on our Labor Law Guidance & Education page. 

  • Final wages (INFO #3A: Timing of Wage Payments & Required Record-Keeping)
  • Work performed not paid (INFO #20 series: Time Worked That Must Be Paid under Colorado Law)
  • Overtime (INFO #1: COMPS Order and INFO #1A: Exemptions from COMPS Order)
  • Minimum wage (INFO #1: COMPS Order and INFO #19: Local Minimum Wages)
  • Meal periods worked but not paid (INFO #4: Meal and Rest Periods)
  • Rest periods not provided (INFO #4: Meal and Rest Periods)
  • Commissions (INFO #3D: Commissions and Bonuses)
  • Bonuses (INFO #3D: Commissions and Bonuses)
  • Vacation pay/paid time off (PTO) not paid upon separation (INFO #3E: Payment of Earned Vacation upon Separation of Employment)
  • Deductions not permitted by law (INFO #16: Deductions from, and Credits toward, Employee Pay)
  • Bounced paycheck (INFO #1: COMPS Order and INFO #3B: Permissible and Impermissible Methods of Payment)
  • Employer retention of tips or invalid tip sharing/pooling (INFO #3C: Tips (Gratuities) and Tipped Employees Under Colorado Wage Law)
  • Sick pay under the Healthy Families and Workplaces Act - including for state/local government employees (INFO #6 series: Paid Leave under HFWA)

For more information about the Division’s wage complaint process, see INFO #2A: The Wage Claim Investigation Process, which can be found on our Labor Law Guidance & Education page.

NOTE: Complaints for unpaid wages may not be filed anonymously.

By clicking on the "I agree and would like to create an account" button below, I certify that I have read and understood the information above, and that I believe the Division of Labor Standards and Statistics has the authority to investigate my claim. After creating an account using the button below, you can access the complaint form to submit your claim.

I agree and would like to create an account

No, the Division may not investigate.

You may not file a claim with the Division if:
▼ Your claim is in excess of $7,500
  • Per state law, the Division does not accept wage complaints claiming wages in excess of $7,500. You may still file a claim with the Division for a portion of your unpaid wages, of less than or equal to $7,500.
  • What this means: For claims over $7,500, you may wish to pursue this matter in the appropriate court and contact an attorney for legal advice
▼ Your job was entirely outside the State of Colorado
  • If your work was performed entirely outside the state of Colorado, the Division cannot investigate your complaint. Rarely, the Division may be able to investigate a complaint for work that is physically performed outside the state, e.g. for employees who travel across many states in the course of their work and are “based” in Colorado, such as flight attendants or pilots based out of a Colorado airport.
  • What this means: For work performed outside of Colorado, check out the U.S. DOL’s state labor offices directory to find your state, or contact U.S. DOL if your state doesn’t have a labor office.
▼ You worked as an independent contractor
  • The Division cannot investigate complaints for amounts owed if you worked as a genuine independent contractor. However, if you were “misclassified” as an independent contractor and are seeking payment of wages, you may be able to file a complaint. If your work was controlled by the employer, the work you did was the employer’s primary work, and/or you did not have your own independent business or trade, but were hired, taxed, or listed in a contract as an independent contractor and you were not paid your wages, you may have been misclassified. If you were misclassified as an independent contractor, you may file a complaint for wages earned and not paid to you.
  • What this means: If you were correctly classified as an independent contractor, you may pursue amounts owed in the appropriate court. You may also wish to contact an attorney for legal advice.
▼ Your complaint is for money that is owed to a business
  • Money owed to a business, not an individual, is not wages under the Colorado Wage Act. To be “wages” under the Colorado Wage Act, Colorado Revised Statutes (C.R.S.) § 8-4-101(14), the amount owed for performance of labor or services must be performed personally by the person demanding payment.
  • What this means: If you are trying to recover money for a business, not as an employee, you may pursue amounts owed in the appropriate court. You may also wish to contact an attorney for legal advice.
▼ Your complaint is for work performed as a state or local government employee
  • State government employers include the state and its agencies, counties, cities, municipal corporations, quasi-municipal corporations, and school districts. If you are a state government employee, you may not file claims for wages with the Division unless you are claiming paid leave under the Healthy Families and Workplaces Act (See INFO #6 series on our Labor Law Guidance & Education webpage).
  • What this means: If you worked for a state government, your employer may be covered by the federal Fair Labor Standards Act (FLSA). For questions, please visit the U.S. Department of Labor website for guidance and contact information. You may also wish to contact an attorney for legal advice.
▼ Your complaint is for wages earned more than two years ago
  • Unless the employer's failure to pay was willful (that is, an intentional or reckless disregard of the law), the wages that you are owed must have been earned in the last two years. While many facts can indicate “willfulness,” if there is a previous court judgment or Division citation against the employer for a wage violation similar to your claim (e.g., overtime, deductions, commissions, etc.), then the Division will find the employer’s conduct inherently willful. Please note that if the wages were owed more than two, but less than three years ago, you may proceed with filing a complaint, but the Division cannot order wages that were earned more than two years ago unless it determines that the employer’s conduct is willful.
▼ Your complaint is for unpaid severance
  • The Division does not have authority over disputes about severance pay, as severance is explicitly excluded from the definition of wages under the Colorado Wage Act, Colorado Revised Statute (C.R.S.) § 8-4-101(14).
  • What this means:However, you may be able to pursue unpaid severance pay in an appropriate court, and you may wish to contact an attorney for legal advice.
▼ Your employer filed for bankruptcy
  • If your employer has failed to pay you wages, even if the employer has declared bankruptcy, you may still be entitled to financial remedies through a court process, or by filing a claim with our Division against an “individual” employer. An individual employer can be a business owner or someone with operational control of the business (See INFO #11A: Individual Liability under the Colorado Wage Act (CWA) and Healthy Families and Workplaces Act (HFWA) on our Labor Law Guidance & Education webpage). When an employer files for bankruptcy, its assets are typically frozen (and protected from Division collection), and money may not be paid out to all of its creditors, including its employees. However, employees with unpaid wage claims typically have a higher priority than claims of many other employer creditors (in other words, employees’ claims must be paid before many other claims) in bankruptcy cases. Nevertheless, the Division may still investigate a party in bankruptcy for wage and hour violations and collect amounts owed from another non-bankrupt party. So even where an employer business has filed for bankruptcy, the Division may collect against an individual owner who has violated the law and has not filed for personal bankruptcy.
  • What this means: To file a claim in the bankruptcy case, you will need to contact the appropriate bankruptcy court within the specified timeframe. You can find guidance and contact information for the bankruptcy court for Colorado at http://www.cob.uscourts.gov/.
▼ Your complaint is about non-pay-based discrimination
  • Laws forbidding discrimination based on race, religion, sexual orientation, familial status, sex, marital status, disability, national origin, and/or ancestry are enforced by the Equal Employment Opportunity Commission, which enforces federal anti-discrimination laws, or the Colorado Civil Rights Division, which enforces state anti-discrimination laws.
  • What this means: For more information on anti-discrimination laws enforced by each agency or to file a claim of discrimination, visit the Equal Employment Opportunity Commission webpage and/or the Colorado Civil Rights Division webpage. You may also wish to speak with an attorney
▼ Your complaint is that you have not received a W-2 or other tax document from your employer, or the information on your W-2 or other tax document is incorrect
  • You can contact the IRS for instructions on how to get your correct tax documents from an employer and how to amend a filing containing an incorrect tax document.
  • What this means: Visit the Internal Revenue Service website at irs.gov.
▼ You have already taken legal action against the employer
  • If you have filed a lawsuit or taken other legal action against the employer regarding the events involved in this dispute, per state law, you cannot use the Division's complaint process.
  • What this means: Contact the attorney representing you in the legal action.

Retaliation and Whistleblower Violations

Yes, the Division may investigate.

The Division may have the authority to assist you with the following complaints:

  • Agricultural Labor Rights: you were retaliated against for using rights or protections for agricultural workers (such as remote service provider access, housing requirements, or limits on certain tool use), or making a complaint about or helping with an investigation related to those rights; or were prevented from using those rights. (Visit our Labor Law Guidance & Education page to view our INFO #12 series for more information).
  • Healthy Families and Workplace Act (HFWA): you were retaliated against for using or trying to use or defend rights to sick leave, telling another employee about or helping them use sick leave, or making a complaint about or helping with an investigation related to these rights; or were prevented from using those rights. (Visit our Labor Law Guidance & Education page to view our INFO #6 series for more information).
  • Public Health Emergency Whistleblower (PHEW) Law: at the workplace, you were retaliated against for wearing your own personal protection equipment, raising a concern about a health and safety threat or law not being followed, or making a complaint about or helping with an investigation related to these rights; or were prevented from using those rights. (Visit our Labor Law Guidance & Education page to view our INFO #5 series for more information).
  • Wages: you were retaliated against for making or filing a wage complaint about or helping with an investigation or you were retaliated against for using or defending rights or protections under a law enforced by the Division not covered above.

By clicking on the "I agree and would like to create an account" button below, I certify that I have read and understood the information above, and that I believe the Division of Labor Standards and Statistics has the authority to investigate my claim. After creating an account using the button below, you can access the complaint form to submit your claim.

I agree and would like to create an account

No, the Division cannot investigate.

You may not file a claim with the Division if: 

  • You have filed a lawsuit or taken other action in a court of law against the employer regarding the events involved in this dispute
  • Your complaint is about discrimination or retaliation based on race, religion, sexual orientation, familial status, sex, marital status, disability, national origin, and/or ancestry. 

For employment discrimination claims, contact: Equal Employment Opportunity Commission and/or Colorado Civil Rights Division.

Agricultural Worker Rights Violations

Yes, the Division May Investigate.

The Division may have the authority to assist you with the following complaints:

  • The employer did not pay the correct minimum wage or did not pay overtime as required (Visit our Labor Law Guidance & Education page to view INFO #12A: Overtime & Minimum Wage Order Obligations for Agricultural Employment).
  • The employer did not provide rest periods, meal periods, or key service provider access as required (Visit our Labor Law Guidance & Education page to view INFO #12B: Agricultural Employee Rest Periods, Meal Periods, and Service Provider Access). This includes complaints by key service providers.
  • The employer violated agricultural labor conditions requirements, such as heat safety rules, short-handled tool or hand-weeding/thinning rules, or public health emergency rules for agriculture (Visit our Labor Law Guidance & Education page to view INFO #12C: Labor Conditions for Agricultural Work).
  • The employer retaliated against you, as an agricultural worker or person with a covered relationship with an agricultural worker, for seeking or asserting rights that are protected under the Agricultural Labor Rights and Responsibilities Act (Visit our Labor Law Guidance & Education page to view INFO #12D: Enforcement: Scope of Coverage; Notice of Rights; Protected Activity & Retaliation; Complaints & Remedies).
  • The employer did not display the “Agricultural Labor Rights and Responsibilities Poster,” and/or required posters and pamphlets related to a Public Health Emergency (Visit our Labor Law Guidance & Education page to view INFOs #12C: Labor Conditions for Agricultural Work and 12D: Enforcement: Scope of Coverage; Notice of Rights; Protected Activity & Retaliation; Complaints & Remedies).

By clicking on the "I agree and would like to create an account" button below, I certify that I have read and understood the information above, and that I believe the Division of Labor Standards and Statistics has the authority to investigate my claim. After creating an account using the button below, you can access the complaint form to submit your claim.

I agree and would like to create an account

No, the Division may not investigate.

You may not file a claim with the Division if:  

  • Your complaint is for wages in excess of $7,500
  • Your job was entirely outside the State of Colorado
  • You have filed a lawsuit or taken other legal action against the employer regarding the events involved in this dispute

Equal Pay for Equal Work Act Violations

If one or more of the situations below relating to transparency apply to you, you may file a complaint with the Division. You can find the complaint forms for Unequal Pay (Part 1) and Pay Transparency (Part 2) at the Equal Pay and Pay Transparency webpage or on our Demands, Complaints, Responses, and Settlements webpage.

Yes, the Division may investigate.

The Division may have the authority, under Part 1 of the Equal Pay for Equal Work Act (EPEWA) to assist you with the following complaints:

  • You or someone else was paid less than someone of a different gender for substantially similar work.
  • You or someone else was paid less than another employee based on gender and another protected status, such as disability, race, or religion.
  • Your employer (1) asked about an applicant’s pay history or relied on pay history to determine an employee’s wage rate; (2) discriminated or retaliated against a prospective employee for not disclosing their pay history; (3) prohibited employees from discussing pay; (4) required an employee to sign a document that prohibited the employee from discussing pay; (5) retaliated against an employee for using their rights under the EPEWA, including by filing a complaint with this Division; or (6) retaliated against an employee for discussing pay.

The Division may also have the authority, under Part 2 of the Equal Pay for Equal Work Act (EPEWA) to assist you with the following complaints about job posting transparency:

  • An employer published job postings for work to be performed in the state of Colorado without compensation or benefit information or information about how and when to apply to the job.
  • An employer failed to provide written notice of job opportunities to its Colorado employees.
  • An employer provided written notice of job opportunities to its Colorado employees, but the notice(s) did not contain compensation or benefit information or information about how and when to apply to the job.
  • An employer failed to keep records of job descriptions or wage rate history.
  • An employer failed to timely provide information about a new hire to the employees that will regularly work with the new hire.
  • An employer failed to disclose the requirements for career progression to those who are eligible.

No, the Division may not investigate. 

You may not file a claim with the Division if: 

Your complaint alleges you were paid less than another employee (or employees) who were doing the same or similar work as yours because of your race, religion, age, disability - unless you believe the difference in pay was because of your gender and one of these factors. Such pay discrimination is prohibited by other laws, and complaints may be submitted to the Colorado Civil Rights Division and can also be filed in the appropriate civil court.

Contact Us

If you’d like to discuss with the Division any topics on this page, please contact our call center at 303-318-8441 or toll-free at 1-888-390-7936, or email questions to the Division at cdle_labor_standards@state.co.us.