Denver Employment Lawyers

Here's an overview of some of the main legal protections for employees in the Denver area. Each situation is unique, though, so you should talk to a lawyer about the details of your case.

In Denver and throughout Colorado, employers are generally required to pay a minimum wage to employees who are not specifically exempted or excluded. In 2025, the minimum wage in Denver is $18.81 per hour, as long as the employee has worked at least four hours in the city in a week. This rate will increase annually based on the regional consumer price index. For tipped employees, like those in restaurants, employers can apply a tip credit of up to $3.02 per hour. This means the minimum wage for tipped employees is at least $15.79 per hour, regardless of their tips. If you believe a business is not complying with the minimum wage law, you can file a complaint with the Denver Auditor's Office.

If you work outside the city and county of Denver, you're still protected by Colorado's minimum wage laws. The state minimum wage is set at $14.81 per hour, with a $3.02 tip credit for tipped employees. This means the minimum wage for tipped workers is at least $11.79 per hour. It's also important to understand that in Colorado, working time includes more than just the hours spent at your workplace doing tasks for your employer. It includes breaks under 20 minutes like coffee breaks and snack breaks, in addition to activities such as:

• Off-site work permitted by the employer, such as when you're allowed to work from home
• Time that you're required to be somewhere, even if you're not actually doing something productive there
• Clocking in or out of work
• Putting on, picking up, or taking off clothing required for your work
• Cleaning up your workspace after your shift
• Traveling that benefits the employer, although not your regular commute

In Colorado, employers must pay non-exempt employees overtime if they work over 40 hours in a week or more than 12 hours in a single day. Overtime pay is calculated at one and a half times your regular rate. Additionally, if you work a shift longer than five consecutive hours, you're generally entitled to a 30-minute meal break during which you don't have to perform any work. If you believe your employer has violated your overtime or meal break rights, you can file a complaint with the Colorado Department of Labor and Employment.

Employees also have the option to file claims under the federal Fair Labor Standards Act (FLSA) for violations related to minimum wage and overtime. However, the federal minimum wage is lower than the minimum wage in Denver and Colorado, so pursuing a claim under local or state law might be more useful. Also, federal law doesn't require meal breaks. The Wage and Hour Division of the U.S. Department of Labor is responsible for enforcing the FLSA.

Employees in Denver are shielded from discrimination at work based on certain protected traits. Discrimination can take forms such as:

• Firing an employee
• Demoting or refusing to promote an employee
• Harassing an employee
• Refusing to hire a job applicant
• Paying an employee less
• Denying access to benefits or training
• Giving an employee less desirable assignments or opportunities
• Failing to provide a reasonable accommodation for a disability or pregnancy

Denver has an ordinance that prohibits workplace discrimination. It applies to employers with 10 or more employees. This ordinance protects employees from discrimination based on various traits, including race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age (if you're 40 or older), sexual orientation, gender expression, gender identity, marital status, military status, disability, or a hairstyle associated with your race. If you believe an employer in Denver has discriminated against you based on any of these protected categories, you have 180 days to file a complaint with the Denver Anti-Discrimination Office.

Colorado has a comprehensive anti-discrimination law that protects employees from discrimination based on a variety of traits. These include disability, race (including hairstyle), creed, color, sex, sexual orientation, gender identity, gender expression, religion, age (if you're 40 or older), national origin, ancestry, marital status, and pregnancy. If you believe an employer in Colorado has violated this law, you need to file a complaint with the Colorado Civil Rights Division within 300 days of the alleged incident.

If you've experienced discrimination at work in Colorado, you might also have claims under a federal law, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), or the Americans With Disabilities Act (ADA). These laws are enforced by the Equal Employment Opportunity Commission (EEOC). However, it's important to note that federal laws apply to fewer employers. Specifically, Title VII and the ADA cover employers with 15 or more employees, while the ADEA applies to employers with 20 or more employees. If you decide to file a charge with the EEOC, you typically have 180 days to do so. However, if a state agency, like the Colorado Civil Rights Division, enforces a law prohibiting employment discrimination on the same basis, you have 300 days to file your charge.

Harassment based on any legally protected trait is a form of discrimination, and this includes sexual harassment. One specific type of illegal sexual harassment is known as "quid pro quo" harassment. This occurs when a supervisor or someone in authority offers job benefits in exchange for sexual favors or threatens negative job consequences if the employee refuses.

In addition, sexual harassment is prohibited under both federal and Colorado law if it creates a hostile work environment. However, there are differences in the standards under each law. Federal law mandates that the conduct be severe or pervasive. Under Colorado law, the conduct just needs to be unwelcome and something that would be offensive to a reasonable person with the same protected trait as the harassed employee. This recent change in Colorado law should make it easier for employees to win their harassment claims.

Colorado has introduced a new law that grants employees the right to paid family and medical leave, provided they meet certain criteria. This law applies to employers of all sizes, ensuring broad coverage for employees across the state. Eligible employees can take up to 12 weeks of paid leave each year for reasons such as addressing their own serious health condition, caring for a family member with a serious health condition, or caring for a child during their first year with them. Additionally, employees who experience serious health conditions related to pregnancy or childbirth complications can access an extra four weeks of leave. On top of this, Colorado law provides up to 48 hours of paid sick leave per year, accrued at a rate of one hour for every 30 hours worked. There are also specific rights for leave related to domestic violence situations.

In addition to Colorado's paid family and medical leave law, the federal Family and Medical Leave Act (FMLA) also applies to certain employees in Colorado. The FMLA generally allows these employees to take up to 12 weeks of leave in a 12-month period. However, this leave is unpaid. The federal FMLA only covers businesses with 50 or more employees. To be eligible, an employee must have worked for the covered employer for at least 12 months and for at least 1,250 hours in the last 12 months before taking the leave. They also must work at a place where there are 50 employees within 75 miles. Most of the qualifying reasons for federal FMLA leave are already covered by the Colorado paid family and medical leave law.

In Colorado, as in most states, the "at-will employment" rule applies. This means that an employer can usually fire an employee for any reason or no reason at all. Similarly, employees have the freedom to quit their jobs whenever they choose, for any reason. However, there are important exceptions to this rule. Employers cannot fire you based on traits protected by anti-discrimination laws, nor can they fire you for reporting discrimination or assisting someone with their discrimination claim. Additionally, you cannot be terminated for refusing to perform illegal activities or for "blowing the whistle" on your employer's illegal actions, such as breaches of securities laws or violations of workplace safety regulations.

If you have an employment contract, it may specify that you can only be fired for particular reasons. If your employer dismisses you without a reason or for a reason not allowed by the contract, this could be considered wrongful termination, and you might have grounds to sue. Even without a written contract, certain situations can create what's known as an "implied contract." This means that although there is no formal agreement, certain statements or actions by your employer could be interpreted as a promise that you can only be fired for specific reasons.

These are just some examples of situations when you might have a wrongful termination claim against your former employer, despite the at-will employment rule. You should talk to an attorney to get more specific guidance if you think that your employer might have had a bad motive for firing you.

If you suffer an injury or illness related to your job, you are likely eligible for workers' compensation benefits. In Colorado, employers are required by state law to provide workers' compensation. These benefits are available to you regardless of who was at fault for your injury or illness. The tradeoff is that you typically cannot sue your employer for your injuries. However, you might be able to sue a third party that was at fault. This could potentially allow you to seek a broader range of damages that aren't covered by workers' compensation, such as compensation for pain and suffering.

If you get hurt at work, it's crucial to act quickly. You generally should report an injury to your employer within 10 days, although there's a 30-day deadline if you have a work-related illness. You have two years from the date of your injury to file a claim for benefits. These benefits typically cover your medical treatment and provide compensation for certain lost wages if you are unable to work. There are four main types of wage replacement benefits:

• Temporary total disability when you can't work at all
• Temporary partial disability when you can work, but not as much as usual
• Permanent partial disability when you have a permanent loss of function or impairment in a specific part of your body
• Permanent total disability when you won't be able to earn any income again

Temporary total disability and permanent total disability benefits are generally two-thirds of your average weekly wage. Workers' comp benefits aren't subject to tax.

If you lose your job for reasons other than misconduct, you may qualify for unemployment benefits through the Colorado Department of Labor and Employment. These benefits typically amount to about 55 percent of your average weekly wage over the past 12 months, with a maximum of just over $800 per week. You can generally receive these benefits for up to 26 weeks. To be eligible, you must be able and willing to work, and you usually need to actively seek employment while keeping records of your job search efforts.

If you quit your job for personal reasons, you typically won't qualify for unemployment benefits. Additionally, you can't receive these benefits if you're already getting workers' compensation. However, you may be eligible for unemployment benefits if you left your job because the workplace was hazardous or for other valid reasons related to your employer or job conditions.

The Colorado Office of Economic Development and International Trade collects data on major employers in the state. Many of these are located in Denver, such as:

• Denver International Airport (aviation)
• HealthONE (health care)
• SCL Health Systems (health care)
• Century Link (telecommunications)
• Kaiser Permanente (health care)
• United Airlines (aviation)
• Wells Fargo (financial services)

Some of the state's other major employers are located in cities surrounding Denver, such as University of Colorado Health and Children's Hospital Colorado in Aurora, as well as Centura Health, Western Union, and Comcast in Englewood. Even if you work for a much smaller business, though, you still have important rights in the workplace.

Various local, state, and federal agencies administer the laws protecting workers in Denver. Here are the agencies that you should contact if you suspect a violation of the following laws:

• Denver minimum wage ordinance: Denver Auditor's Office
• State wage law: Colorado Department of Labor and Employment (Division of Labor Standards and Statistics)
• Federal wage law: U.S. Department of Labor (Wage and Hour Division)
• Denver anti-discrimination ordinance: Denver Anti-Discrimination Office
• State anti-discrimination law: Colorado Civil Rights Division
• Federal anti-discrimination laws: U.S. Equal Employment Opportunity Commission
• State family and medical leave law: Colorado Department of Labor and Employment (Family and Medical Leave Insurance Division)
• Federal family and medical leave law: U.S. Department of Labor (Wage and Hour Division)

A workers' compensation claim should go to the Division of Workers' Compensation in the Colorado Department of Labor and Employment. If you want to report a dangerous condition at your workplace, you can contact the Denver area office of the Occupational Safety and Health Administration (OSHA). If you're seeking unemployment benefits, the Division of Unemployment Insurance in the Colorado Department of Labor and Employment handles these claims.

For free information about legal issues that can come up at work, you can consult the Employment Law Center in the Justia Legal Guides. This provides a general overview of rights and obligations for employers and employees. If you have a specific question about a workplace issue, meanwhile, you can post it on the Justia Ask A Lawyer platform. Employment attorneys in Denver or elsewhere in Colorado can provide their thoughts, based on their experience and their knowledge of the law. Be aware that Justia isn't a law firm, and a lawyer who answers a question doesn't become your attorney.

Once you're ready to get an attorney in your corner, you can use this page in the Justia Lawyer Directory to explore your options. We offer ways to efficiently compare attorneys and contact those who catch your interest.

Navigating disputes involving your job can be intimidating. Your career may be at stake, as well as your physical and emotional wellbeing. While you might be reluctant to spend money on an attorney, it's generally worthwhile. Here are some reasons why this makes sense:

• Comprehensive understanding of the law: Local, state, and federal laws (and how they're interpreted by courts) have many intricate nuances. They also change over time. An attorney will be familiar with all the details and up to date with recent developments that could affect your case.
• Thorough collection of evidence: Collecting documentation such as contracts, emails, and pay records can feel overwhelming. Attorneys manage this process methodically, ensuring they gather and organize the evidence necessary to build a compelling argument.
• Negotiation skills: Most employment cases end in settlements. A lawyer knows how to maneuver through negotiations with the other side and their attorneys. They can advise you on the pros and cons of any settlement offer that you get, although you'll make the final decision on whether to take it.
• Expertise in trial or other formal hearings: If your case ends up before a judge, an arbitrator, or another decision-maker, having a professional by your side can make a huge difference. Your attorney will present your side of the story with poise and polish, find ways to counter opposing claims, and guide your case through each procedural step more smoothly than you probably could by yourself.
• Peace of mind: Tackling legal issues alone can be emotionally and mentally taxing. Having a professional—someone fully equipped with legal knowledge—eases your burden and allows you to focus on moving forward with your life.

When it comes to protecting your rights and ensuring a fair outcome, few steps are more valuable than engaging an experienced attorney. With their guidance, you can confidently navigate the situation and work toward a successful resolution.

Finding the right attorney can be a complex process. You might get suggestions from friends or relatives, but you'll probably end up searching online. Directories like the Justia Lawyer Directory can provide a useful way to compare attorneys as a first step.

Employment law encompasses many types of claims. You should try to find an attorney who has handled cases similar to yours. For example, if you think that a company didn't hire you because you're Muslim, you'll want someone with significant experience in discrimination claims. On the other hand, if your employer didn't pay you overtime as required, you should seek out someone who has a history of successfully navigating wage and hour cases.

It's always a good idea to check out an attorney's disciplinary history on the website of the Colorado Bar. If an attorney has a minor incident on their record, this might not be enough to take them off your list. If they have a habit of crossing the line, though, or if they made a major misstep, you might want to think twice. You don't want your attorney's misconduct to undermine your case.

Take a look at the case results that an attorney has posted on their website to see whether they have a solid track record of success. Meanwhile, client reviews provide insights into an attorney's demeanor, work ethic, and communication style. Keep an eye out for detailed feedback that speaks to the lawyer's approach. Positive reviews or endorsements from fellow attorneys are another good sign. These suggest respect within the legal community, which can make a difference in both negotiations and the courtroom.

Many employment lawyers offer a free consultation, where you can discuss your situation and evaluate whether the attorney is a good fit. Consider both the substance of what they tell you and the way that they communicate. Do they seem knowledgeable and articulate, and how well do you relate to them? Trust and rapport are vital; you want an attorney who treats you as more than just another case number and is genuinely committed to your claim.

1. How do attorney fees work in employment cases?

   Employment attorneys can charge for their services in several ways. Many use hourly fees, meaning your bill will be based on the amount of time the lawyer spends on your case. Others may use a contingency fee arrangement, where you only pay if they win compensation for you, taking a percentage of the settlement or verdict as their fee. Some attorneys might handle straightforward or routine matters for a flat fee. It's important to carefully review the fee details in your representation agreement so that you know what to expect financially.

2. What should I do if I'm getting harassed at work?

   It's important to keep a detailed record of any incidents, conversations, emails, texts, and other conduct or communications that demonstrate harassment. Begin by following your employer's internal procedures, such as reporting the issue to Human Resources or the designated person responsible for handling these matters. If your employer is unresponsive, or if you are not satisfied with their response, you should consider filing a complaint with the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, or the Denver Anti-Discrimination Office.

3. Am I protected from retaliation if I was wrong about discrimination?

   Yes, your employer cannot fire you or retaliate against you just because it turns out that they didn't violate the law. You simply need to have a reasonable and good-faith belief that supports your complaint. This protection ensures that employees are not too afraid to speak up when necessary.

4. Can my employer fire me if they told me they wouldn't as long as I got good performance reviews?

   Maybe not. It's possible that a verbal promise not to fire an employee except for certain reasons could be considered an implied contract, even without a written agreement about termination. This might give you grounds for a wrongful termination claim. However, these situations can be complex and depend heavily on the specific facts of your case. It's a good idea to consult with a lawyer to get a clear understanding of your rights and options.

5. Can I get workers' comp and Social Security Disability at the same time?

   Yes, you can potentially receive both workers' compensation and Social Security Disability Insurance (SSDI) if you meet the requirements for both programs. While workers' compensation is a state program, SSDI is managed by the federal Social Security Administration. However, it's important to note that the combined amount of workers' comp and SSDI benefits cannot exceed 80 percent of your average current earnings before the disability. If the total exceeds this threshold, the SSA will reduce your SSDI benefits accordingly.