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Welcome to part 3 of our Labor Standards Overview for Direct Care Workers. In this section we’re going to talk about employee advocacy and resources. 


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So, if you are an employee, you may organize with other coworkers as part of a union. Note: Employers cannot discourage you or retaliate against you for “concerted, protected activity,” pursuant to federal law enforced by the National Labor Relations Board (NLRB). It is your right as a worker to organize with your coworkers, if you choose to do so.


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You can also advocate for yourself by finding out more about the Direct Care Workforce Stabilization Board. This is a board that was established in August of this year [2023]. 


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It is meant to review and provide recommendations for the direct care industry and it must provide recommendations at least every two years regarding minimum employment standards for the direct care industry and for improving state communications to workers regarding workers’ rights and the obligations of direct care employers.


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The board includes workers, consumers, employers, and government representatives. The first board meeting occurred on November 13 and the next one is to be decided. You can get involved by attending the public hearings or providing comment. 


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Those dates and times will be posted on the Direct Care Workforce calendar that is located on the Labor Standards Direct Care webpage.


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What do you do if you think that you are owed wages by your employer? You have a few different options.


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The first option you have is that you can file a claim with the small claims court, as long as the amount that you are owed is under $7,500, or, as an alternative, you can file a claim with us, the Division of Labor Standards and Statistics (DLSS). 


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The DLSS claim process is meant to occur instead of going to small claims court, so you can choose one process or the other, depending on your preferences. 


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If you think you are owed more than $7,500 in wages or you want legal advice, you should speak with an employment attorney.


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How to file a claim with the Division of Labor Standards and Statistics. Before you file, keep in mind: DLSS cannot take claims over $7,500 or that are over two to three years old.


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It may take some time for your claim to be assigned to an investigator.


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If you have not already sent a “demand for wages” to your employer prior to filing a claim, you can use the form that’s located on the same webpage as the claim form, but note that you don’t have to use this form. 


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Any demand for payment of wages, whether it’s text message, email, over the phone, or verbal, is considered a demand for payment of wages and the Division will accept it.


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How to file a claim. To file a claim with DLSS, you will go to coloradolaborlaw.gov, scroll a little ways down the page and then find a button that looks like this: Demands, Complaints, Responses, & Settlements. When you click on it, there will be three bars, one of which says “worker forms.” Click on the down arrow and it should provide you with all the information you need to file a claim.


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If, after watching this training, you still have questions, please please please make sure to contact us. You can review the laws in our easy to read INFOs, if you want more in-depth information about Colorado labor law.


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You can also contact the DLSS call center at (303)318-8441. We do have Spanish speakers available. You can also email DLSS at cdle_labor_standards@state.co.us.


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Here are some additional resources available to you. Our main page, our direct care webpage, the INFOs page, and then also the information for Healthcare Policy & Finance resources. 


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Thank you for taking the time to learn more about your rights as a worker in the state of Colorado. Have a great day!