7BC2AA9091654E2687258956007128EB Hearing Summary

Representatives Soper and Snyder, prime sponsors, presented House Bill 23-1035, concerning the statute of limitations for a violation of minimum wage laws. Representative Soper explained the effect of the bill and discussed its need. Representative Snyder provided additional input on the merits of the bill. 

Nina DiSalvo, representing Towards Justice, testified in opposition to HB 23-1035. Andrew Turner, representing the Colorado Plaintiff Lawyers Association, testified in opposition to the bill. Mark Johnson, representing the Southwest Regional Council of Carpenters, testified in opposition to the bill. Jordan Jones, representing the Southwest Regional Council of Carpenters, testified in opposition to the bill. Discussion ensued regarding certain caselaw that bears upon the bill, and the ability of plaintiffs to aggregate wage-theft cases. Discussion followed regarding employer wage-related, record-keeping requirements. Ms. DiSalvo responded to questions regarding the number of wage theft cases that are at the end of their statute of limitations that she handles each year, and what constitutes willful wage theft. Mr. Turner weighed in on the latter issue. Discussion turned to the reasons why victims of wage theft do not file claims against employers. Representative Weissman cited some statistics concerning the level of wage theft in Colorado. Mr. Turner responded to questions regarding the history of wage-theft statutes.

Meghan Dollar, representing the Colorado Chamber of Commerce, testified in support of HB 23-1035.

Rachel Beck, representing the Colorado Competitive Council, testified in support of the bill.

Adam Burg, representing the Denver Metro Chamber of Commerce, testified in support of the bill. Discussion ensued regarding the proper statute of limitations for wage theft cases, and costs associated with employer wage record-keeping. Ms. Beck responded to questions regarding the statute of limitations for wage theft in other states, and the level of wage theft in those states.

Christina Harney, representing Bechtel and Santo, testified in support of HB 23-1035. Jennifer Harpole, representing Littler Mendelson, testified in support of the bill. Discussion ensued regarding caselaw surrounding wage theft. Ms. Harney responded to questions regarding wage record-keeping by employers. The witnesses responded to questions regarding a potential amendment to the bill.  Discussion ensued regarding amendment L.001 (Attachment A).

Representatives Soper and Snyder provided closing remarks in support of HB 23-1035. Various committee members provided their positions on the bill.