Denver Labor secures $117,244 - El Comercio de Colorado

for Wash Park Grille workers

the Auditor at your service

Timothy M. O’Brien, CPA, Auditor of Denver

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Denver voters approved Question 2H in this year’s election, which amends Denver’s charter to formally recognize the Auditor’s Office authority to enforce wage laws. By passing this measure, Denver residents reinforced the office’s role in supporting economic stability for workers, promoting lawful employment and wage compliance, and ensuring fair competition for businesses.

Every year, my Denver Labor division recovers millions of dollars in restitution for workers and protects the rights of thousands of employees. The day after voters approved Question 2H, we announced a new case that demonstrates a significant impact of our wage enforcement efforts in Denver.

Thanks to a recent wage theft investigation, workers at the shuttered Wash Park Grille and Agave Taco Bar, who were unpaid during the 2024 holiday season, are receiving $117,244 in restitution and penalties.

The restaurants closed in early 2025 without issuing final paychecks to employees who worked around New Year’s. After receiving complaints, my labor compliance analysts began an investigation.

Since then, one of the two restaurants’ owners has passed away, and his estate followed up with us during our investigation. The other owner failed to respond to our requests for information. Despite those challenges, we successfully reached a settlement. Workers will receive their full unpaid wages, plus an additional 70% in damages. In total, fifty-six workers will share $117,244.

The remaining restaurants’ owner claimed they did not have records from the final pay period, but my team calculated what they owed because the unpaid workers kept great records.

Residents can suggest which programs or contracts should be audited Wage investigation leads to gig app company policy overhaul Denver Labor protects the rights of all workers, including those at strip clubs Denver Labor helps 4,500 people recover more than $2M in restitution Shelter security and financial disorganization highlight Housing Stability issues My office recovers $500,000 for workers to start the year Auditor's Office Works for You

The importance of record-keeping

This case illustrates why workers should keep paystubs and receipts, track tips, and record their hours worked. Unfortunately, some employers fail to maintain adequate records. When wage theft occurs, a worker’s records may be the only evidence to verify what they earned. If employer records are unavailable, Denver Labor can use a worker’s best evidence and recollection to estimate how much a business owes.

The Division of Labor Standards and Statistics at the Colorado Department of Labor and Employment worked with us on this case. The division also received complaints and issued its own findings regarding wage theft violations.

Wage theft is widespread in the food and beverage industry, and workers often earn lower wages. We encourage workers who believe they have not been a paid a legal wage or the wages they earned to contact Denver Labor by emailing WageComplaints@DenverGov.org, calling 720-913-WAGE (9243), visiting DenverWages.org, or submitting a wage complaint form on our website.

Workers may also send us wage complaints anonymously or through third parties, like consulates, non-profit organizations, or family members. My team will not ask about immigration status, will not work with any immigration enforcement agencies, and will protect workers against retaliation