Section 8-4-110 - Disputes - fees(1)(a) The court may award the employer reasonable costs and attorney fees incurred in a civil action if, within fourteen days after a written demand letter is sent to or a civil action is served on the employer for unpaid wages or compensation: (I) The employer makes full legal tender of all amounts demanded in good faith for all employees; and(II) The employees receiving such tender ultimately fail to recover a total sum that is greater than the amount the employer tendered.(b) If, in an administrative claim or civil action in which the employee seeks to recover any amount of wages or compensation, the employee recovers a sum greater than the amount tendered by the employer: (I) The court, in a civil action, may award the employee reasonable costs and attorney fees incurred in the civil action; and(II) The division, in an administrative claim, may award the employee reasonable costs incurred in the administrative claim and may also award attorney fees to an employee who recovers more than five thousand dollars in unpaid wages in the administrative claim.(c) If an employer fails or refuses to make a tender within fourteen days after the demand or administrative claim or civil action, then such failure or refusal must be treated as a tender of no money for any purpose under this article 4. (1.5) This section shall not apply to a claimant who is found to be an independent contractor and not an employee.(2) Any person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any administrative remedies.Amended by 2022 Ch. 370, § 8, eff. 1/1/2023.L. 2003: Entire article amended with relocations, p. 1858, § 1, effective August 6. L. 2007: (1) amended and (1.5) added, p. 1678, § 3, effective May 31.Subsection (2) is similar to former § 8-4-123 as it existed prior to 2003.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2007 act amending subsection (1) and enacting subsection (1.5), see section 1 of chapter 381, Session Laws of Colorado 2007.