The Denver Auditor's Office has issued civil wage theft rules in response to recently passed Ordinance 22-1614. The Ordinance, among other things, increased the civil penalties for wage theft violations in the City.
The details:
On Jan. 9, 2023, the Denver City Council passed the Civil Wage Theft Ordinance (Ordinance 22-1614) which created new procedures and penalties regarding civil wage theft.
On March 13, 2023, the Denver Auditor’s Office adopted “Civil Wage Theft Rules” which became effective on the date of adoption.
The civil wage theft rules address numerous issues regarding wage theft including the examples provided below:
Wage Notice
Required Content
Employers must provide all workers covered by the Denver Minimum Wage Ordinance or Civil Wage Theft Ordinance with the Auditor-approved wage notice detailing the Denver minimum wage, that wage theft is a crime, that workers are entitled to civil recovery of unpaid wages, and that complaints alleging wage theft may be submitted to the Auditor’s Office. A copy of the notice is available here.
Providing the Wage Notice
Employers must post the wage notice in an area easily accessible to their workers, or otherwise share it in any manner reasonably calculated to provide the notice. Employers may satisfy this posting requirement by any method that will provide workers with ready access to the wage notice. This could include, but is not limited to, posting the notice in a physically convenient location; providing it directly to each worker; or sharing it electronically. Employers must translate the notice as needed to ensure that each worker receives such a notice in a language the worker may understand within the first month of employment.
Wage and Hour Calculations
Denver has prescribed the following citywide minimum wage schedule:
$17.29 from Jan. 1, 2023 – Dec. 31, 2023.
On Jan. 1 in subsequent years, the minimum wage will increase by the prior year’s increase in the regional consumer price index, if any.
Exceptions to Denver Minimum Wage Ordinance
Tip Credit
Employers of food and beverage workers may reduce the employers’ minimum wage obligation by as much as $3.02 per hour worked for actual tips received by a worker (“Tip Credit”).
Next steps:
Employers subject to the Denver Ordinance 22-1614 should post or distribute the required Wage Notice, review the civil wage theft rules and make any necessary changes to their current practices if required.
Have questions?
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