Hernandez v. Ray Domenico Farms, Inc.

Summary

The Colorado Supreme Court answered a certified question concerning how far back a terminated employee may pursue unpaid wage claims under the Colorado Wage Claim Act. The court held that terminated employees may seek previously earned but unpaid wages, but such claims are subject to the Act’s two-year limitations period, or three years for willful violations, running from when the wages became due and payable.

Holdings

1. Colorado Wage Claim Act section 8-4-109 permits terminated employees to seek wages or compensation that were earned, vested, determinable, and unpaid at termination, including previously earned wages that had become due during employment.
2. The statute of limitations for previously earned but unpaid wages begins when each wage payment first became due and payable, not when the employment relationship ended. A terminated employee is therefore limited to claims for wages due within the preceding two years, or three years for willful violations.

Questions Presented

1. Whether Colorado Wage Claim Act section 8-4-109 permits a terminated employee to seek wages or compensation that went unpaid at any time during employment, including wages for which a claim under section 8-4-103 had become time-barred.
2. When the Colorado Wage Claim Act statute of limitations begins to run for previously earned but unpaid wages pursued after termination.

Disposition

remanded