WAGE AND HOUR DEMAND LETTER
State of Colorado
Fair Labor Standards Act and Colorado Wage Law Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Colorado ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Colorado Attorney Registration Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under Colorado COMPS Order and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 and CRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] regarding claims for unpaid wages against [Company Legal Name] arising from violations of the Colorado Overtime and Minimum Pay Standards Order ("COMPS Order"), the Colorado Wage Claim Act, C.R.S. Section 8-4-101 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
I. COLORADO-SPECIFIC LEGAL FRAMEWORK
A. Colorado Wage and Hour Requirements
Colorado significantly expanded worker protections through the COMPS Order (effective 2020, amended annually) and the Healthy Families and Workplaces Act.
Key Requirements:
| Category | Colorado Requirement | Citation |
|---|---|---|
| Minimum Wage | $14.81/hour (2026) | COMPS Order Rule 3 |
| Overtime | 1.5x after 40 hours/week OR 12 hours/day | COMPS Order Rule 4 |
| Tipped Minimum | $11.79/hour ($3.02 tip credit max) | COMPS Order Rule 3.4 |
| Pay Frequency | At least monthly; more often if requested | C.R.S. Section 8-4-105 |
| Final Pay (Fired) | Immediately if payroll available; otherwise within 6 hours | C.R.S. Section 8-4-104(1)(a) |
| Final Pay (Quit) | Next regular payday | C.R.S. Section 8-4-104(1)(b) |
| Rest Periods | 10 min per 4 hours worked (paid) | COMPS Order Rule 5.2 |
| Meal Periods | 30 min for shifts over 5 hours (may be unpaid if relieved) | COMPS Order Rule 5.1 |
| Paid Sick Leave | 1 hour per 30 hours worked | HFWA, C.R.S. Section 8-13.3-403 |
B. Colorado Overtime Rules (COMPS Order)
Colorado provides DAILY overtime in addition to weekly overtime:
| Overtime Trigger | Rate | Citation |
|---|---|---|
| Over 40 hours in a week | 1.5x regular rate | COMPS Order Rule 4.1.1 |
| Over 12 hours in a day | 1.5x regular rate | COMPS Order Rule 4.1.1 |
| Over 12 consecutive hours | 1.5x regular rate | COMPS Order Rule 4.1.1 |
COMPS Order Coverage:
- Applies to most Colorado employees
- Significantly broader coverage than FLSA
- Exemptions narrower than federal law
C. Colorado Meal and Rest Period Requirements
Rest Periods (COMPS Order Rule 5.2):
| Shift Length | Rest Period Requirement |
|---|---|
| 4+ hours | One 10-minute paid rest period |
| 8+ hours | Two 10-minute paid rest periods |
| 12+ hours | Three 10-minute paid rest periods |
Meal Periods (COMPS Order Rule 5.1):
| Shift Length | Meal Period Requirement |
|---|---|
| 5+ hours | 30-minute uninterrupted, duty-free meal period |
| May be unpaid | Only if employee completely relieved of duties |
| On-duty meal | Only by mutual written consent; must be paid |
D. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Colorado wage claims | 2 years (willful: 3 years) | C.R.S. Section 8-4-122 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
E. Penalties and Remedies
Colorado Wage Claim Act (C.R.S. Section 8-4-109):
| Violation Type | Remedy |
|---|---|
| Unpaid wages | Full amount owed |
| Penalty for willful delay | 50% of unpaid wages (on top of wages) |
| Penalty for late final pay | Per diem penalty up to 10 days' wages |
| Attorney's fees | Mandatory for prevailing employee |
| Costs | Recoverable |
COMPS Order Penalties:
- Civil penalties for violations
- Department of Labor enforcement actions
F. Enforcement Mechanisms
Administrative:
- Colorado Department of Labor and Employment (CDLE), Division of Labor Standards and Statistics
- File wage complaint online or in person
- Investigation and administrative hearing available
- Can recover wages plus penalties
Private Right of Action:
- C.R.S. Section 8-4-110: Private suit for unpaid wages
- Mandatory attorney's fees
- Penalty of 50% of wages for willful violations
- Class actions available
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present] in Colorado. [Company Short Name] violated Colorado and federal wage laws by:
[ ] Failing to pay Colorado minimum wage of $14.81 per hour
[ ] Failing to pay daily overtime for hours worked over 12 in a day
[ ] Failing to pay weekly overtime for hours worked over 40 in a week
[ ] Misclassifying our client as exempt from overtime
[ ] Misclassifying our client as an independent contractor
[ ] Failing to provide compliant rest periods (10 minutes per 4 hours)
[ ] Failing to provide compliant meal periods (30 minutes when working 5+ hours)
[ ] Improperly taking tip credit without meeting requirements
[ ] Failing to pay final wages upon termination as required
[ ] Making unlawful deductions from wages
[ ] Failing to provide paid sick leave under HFWA
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Colorado] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/salary] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Monthly / Semi-monthly / Bi-weekly / Weekly] |
B. Hours Worked
Typical Weekly Schedule:
| Day | Hours Worked | Hours Over 12/Day | Rest Periods? | Meal Period? |
|---|---|---|---|---|
| Monday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Tuesday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Wednesday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Thursday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Friday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Saturday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Sunday | [X.X hrs] | [X hrs] | [Y/N] | [Y/N] |
| Weekly Total | [X hrs] | [X hrs] |
IV. LEGAL ANALYSIS
A. COMPS Order Violations
1. Minimum Wage (COMPS Order Rule 3)
Colorado's minimum wage of $14.81/hour applies to all covered employees. [Company Short Name] failed to pay this rate by [describe violation].
2. Overtime (COMPS Order Rule 4)
Colorado requires overtime at 1.5x for hours over 40/week AND for hours over 12/day. [Company Short Name] failed to pay overtime for [describe].
3. Rest Period Violations (COMPS Order Rule 5.2)
[Company Short Name] failed to provide paid 10-minute rest periods as required. [Describe specific violations]
4. Meal Period Violations (COMPS Order Rule 5.1)
[Company Short Name] failed to provide 30-minute uninterrupted, duty-free meal periods. [Describe specific violations]
B. Colorado Wage Claim Act Violations
1. Timely Payment (C.R.S. Section 8-4-104)
[If applicable:] [Company Short Name] failed to pay final wages [immediately upon discharge / on the next regular payday after resignation].
2. Willful Violation
[Company Short Name]'s violations were willful, entitling our client to the penalty of 50% of unpaid wages under C.R.S. Section 8-4-109.
V. DAMAGES CALCULATION
A. Colorado Wage Law Damages
1. Unpaid Overtime
| Period | Daily OT Hours | Rate | Premium | Total |
|---|---|---|---|---|
| [Period] | [X/week] | $[X.XX] | $[X.XX] | $[Amount] |
| Period | Weekly OT Hours | Rate | Premium | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | $[X.XX] | $[Amount] |
2. Minimum Wage Shortfall
| Period | Hours | Shortfall/Hour | Total |
|---|---|---|---|
| [Period] | [X] | $[X.XX] | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Overtime (Daily) | $[Amount] |
| Unpaid Overtime (Weekly) | $[Amount] |
| Minimum Wage Shortfall | $[Amount] |
| Subtotal Unpaid Wages | $[Amount] |
| Willful Violation Penalty (50%) | $[Amount] |
| Late Final Pay Penalty | $[Amount] |
| FLSA Liquidated Damages (if applicable) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs | $[Amount] |
| TOTAL DAMAGES | $[Amount] |
VI. SETTLEMENT DEMAND
We demand payment of $[Settlement Demand Amount] to resolve all claims.
This demand expires in twenty-one (21) days on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If not resolved, we will file:
- Wage complaint with Colorado CDLE
- Suit in Colorado District Court for state claims
- Suit in U.S. District Court for the District of Colorado for FLSA claims
VIII. DOCUMENT PRESERVATION
Preserve all time records, payroll records, personnel files, and policies immediately.
Sincerely,
[Attorney Name]
[Colorado Attorney Registration No.]
[Firm Name]
COLORADO-SPECIFIC PRACTICE NOTES
[ ] COMPS Order: Broader than FLSA; check annual updates for minimum wage and exemption changes
[ ] Daily Overtime: 12-hour daily threshold (different from California's 8 hours)
[ ] Rest/Meal Periods: Mandatory under COMPS Order; can be basis for claims
[ ] 50% Penalty: Available for willful violations under C.R.S. Section 8-4-109
[ ] Final Pay: Immediate payment required upon discharge if payroll is accessible
[ ] Paid Sick Leave: HFWA requires accrual; related claims may exist
[ ] CDLE Contact:
- Phone: (303) 318-8441
- Website: cdle.colorado.gov/wage-and-hour-law
- Online complaint filing available