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Colorado Revised Statutes Title 8. Labor and Industry § 8-5-104. Employer liability--awards

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) An employer who violates section 8-5-102(1) is liable for economic damages in an amount equal to the difference between the amount that the employer paid to the complaining employee and the amount that the employee would have received had there been no violation plus liquidated damages in an amount equal to the employee's economic damages, except as provided in subsection (1)(b) of this section.

(b)(I) If the employer demonstrates that the act or omission giving rise to the violation was in good faith and that the employer has reasonable grounds for believing that the employer did not violate section 8-5-102(1), the court shall not award liquidated damages.

(II) In determining whether the employer's violation was in good faith, the fact finder may consider evidence that within two years prior to the date of the commencement of a civil action pursuant to section 8-5-103, the employer completed a thorough and comprehensive pay audit of its workforce, with the specific goal of identifying and remedying unlawful pay disparities.

(2) An employer who violates any provision of section 8-5-102 is liable for:

(a) Legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wage rates, and liquidated damages; and

(b) The employee's reasonable costs, including attorney fees.

(3) Nothing in this section precludes an employee from asserting any other available statutory or common-law claims.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 8. Labor and Industry § 8-5-104. Employer liability--awards - last updated January 01, 2025 | https://codes.findlaw.com/co/title-8-labor-and-industry/co-rev-st-sect-8-5-104/

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