the Auditor at your service
Timothy M. O’Brien, CPA, Auditor of Denver
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The Civil Wage Theft Ordinance in Denver makes one thing clear: workers who exercise their rights are protected from retaliation. In Denver, workers have the right to ask about or discuss their rights, tell somebody about an alleged violation, file a complaint or lawsuit, cooperate with an investigation with Denver Labor, provide testimony, oppose wage theft, or refuse to commit wage theft. The ordinance prohibits any person from taking adverse action against a worker for engaging in these protected activities in good faith.
But what counts as retaliation? Illegal retaliation happens when a person, including employers and their agents, supervisors, managers, or other representatives, are motivated by a worker’s exercise of their rights to take an “adverse action” against the worker. An adverse action is something that punishes or intimidates a worker. Adverse actions can take many forms, including threats, unfair immigration-related practices, disciplining or refusing to promote somebody, modifying worker’s hours, pay, responsibility, or other negative work- related changes.
What does it mean that Denver workers are protected against retaliation?
One case we handled involved a worker at AMC Theatres who was disciplined for failing to find a replacement after calling in sick, which is a violation of Colorado’s Healthy Families and Workplaces Act. The worker also did not receive payment for accrued paid sick leave during their absence. Our Denver Labor team determined these actions constituted both wage theft and retaliation. The business was required to pay $245.05 in restitution, interest, and damages to the employee, along with $5,200 in penalties to the City and County of Denver.
Retaliation is strictly prohibited, and Denver Labor will investigate all credible allegations. If there is retaliation, Denver Labor will impose penalties on the employer and fix the harm done, which can include ordering reinstatement if a worker was fired. Responsibility is not limited to the business itself. Managers, supervisors, officers, and other individuals can also be held personally liable for retaliatory conduct.
What does it mean that Denver workers are protected against retaliation?
We also see serious concerns in cases involving undocumented workers. Immigration status does not affect workers’ rights, and threats related to documentation status are a form of retaliation. Even implied threats, or workplace rules that would discourage a reasonable worker from speaking up, can violate the law. To address these violations, Denver Labor may order remedies designed to make workers whole, including reinstatement, payment of wages owed and restored benefits. These protections reflect a simple principle: workers should be able to speak up, report problems, and exercise their rights without fear of punishment.
Know your wage rights as a worker
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