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Colorado Division of Labor Standards and Statistics 

How to Appeal or Terminate A Wage Claim Determination

If you are a party to a claim and disagree with the determination made by the Compliance Investigator for a wage claim, you can appeal the determination. To appeal, fill out the complete the appeal form and submit it to the Division.
To be valid, your appeal must: 
  1. Be in writing and signed. 
  2. Be received on time by the Division (within 35 days from the date of the determination). The Division cannot consider late appeals. If a valid appeal is not received by the 35-day deadline, the determination is final. 
  3. Explain at least one clear mistake in the original determination. 
  4. Explain how this mistake could actually change the result of the determination. If your appeal doesn't do this, it might be rejected 
You can attach new evidence that could help prove there is a clear error in the determination. If you want the hearing officer to consider new documents, you will have to explain to the hearing officer why you have good cause for filing new evidence that was not provided during the investigation.
What happens to payment deadlines if you appeal?
If the determination offered the employer reduced penalties and fines for paying wages and penalties promptly, an appeal does not and cannot extend the payment deadline(s) for that reduction offer. The Division’s discretionary reduction of penalties is authorized by statute only if all wages are paid within 14 days of the determination.

If the determination found that the employer owed money to the claimant (the person who filed the claim), filing an appeal might delay the 60-day deadline for higher penalties and fines. Check the "Notice of Assessment" in the determination for details.

What happens to an appeal if the employer pays the claimant?
If the claimant accepts payment of the full amount of wages and penalties ordered in the determination, the claimant cannot appeal.

Pausing deadlines for compliance orders:
A compliance order is an order for an employer to take action beyond paying wages, penalties, or fines (for example, changing a policy). Most determinations do not include compliance orders, in which case, this information does not apply to your appeal.

If an employer wants a compliance order stayed (postponed), it must specifically request it by filling out the Compliance Order Stay Request Form, in addition to this appeal form. The employer should file its appeal and stay request as soon as possible after the determination (if possible, do not wait until the 35-day deadline), so the Hearing Officer has time to address the request(s) before the compliance
order deadline. There is no guaranteed right to a stay. 

How to Send Your Appeal
You may file your completed appeal request by mail, hand delivery, fax, email, or (if you created a portal account during the investigation) by using the online claim portal.
The Hearing:
  • If a valid appeal is filed, the Division will notify you and the other party or parties of the date and time of the hearing and other deadlines and instructions. The Hearing Officer may find that a hearing is not needed based on the issue(s) being appealed (after giving the parties a chance to comment on whether they think a hearing is needed). 
  • If there is a hearing, it will be by telephone. 
  • During a hearing, all parties will be able to testify, present arguments, and question the other witnesses. 
  • The Hearing Officer can alter the determination only if there is a clear error of fact or law. 
A claimant can end (terminate) their claim, instead of appealing: 
  • This applies to claims filed under the Wage Act and/or COMPS Order. 
  • Only the claimant (not the employer) can terminate the Division’s investigation.
  • The Division must receive a written request for termination (email is ok) within 35 days of the determination date. The claimant cannot terminate the claim after that deadline. 
  • The claimant may terminate their claim even if the determination was appealed.
  • If the claimant terminates the claim: 
    1. The determination will be revoked, along with any related order to pay the claimant wages and/or penalties; and 
    2. Neither party can appeal the determination (it will be as if it was never issued).The claimant will retain any right to file an action against the employer in court, but the Division’s determination cannot be used as evidence.
Have Questions?
  • Review the Appeals INFO #2C
  • Email cdle_ls_appeals@state.co.us or call the appeals staff at (303) 318-8442.
  • Appeals staff can only answer questions about the rules and process. They cannot talk about the facts of your specific case. Do not ask the Investigator who made the original determination about your appeal. 
To request a reasonable accommodation, or this form in an alternate accessible format, please refer to our department's Accessibility website and complete the Accessibility Feedback Form .


Wage Claim Appeal Request Form

Enter the Claim Key into the field below that was provided to you in the determination letter sent to you by the Division. 






e.g.(@somplace.com)















Wage Claim Appeal Request Form



Wage Claim Appeal Request Form

Upload New Evidence

New evidence is anything not provided to the Compliance Investigator during the investigation that you want to be considered on appeal. If you have new evidence to submit, you may attach the evidence now or attach a statement explaining what you intend to submit. You may also submit evidence at a later time. If your appeal is scheduled for a hearing, the Division will send out a Notice of Appeal Hearing, setting a deadline for you to send any new evidence to the Division and the other party/parties (usually 2 weeks prior to the hearing date). Be prepared to explain why you’re offering new evidence. You must show good cause to offer new evidence on appeal, without having sent it to during the investigation. (7 C.C.R. § 1103-7: Rule 6.3.) If you intend to file additional evidence with the Division later (after you file this appeal request), you must send a copy of that evidence to the other party. The Division must receive proof that you have sent a copy of your additional evidence to the other party. The easiest way to do this is to email your additional evidence to the Division at cdle_ls_appeals@state.co.us and to copy the other party on that email.


Documents to Upload



I understand that any person providing false information to the Division of Labor Standards and Statistics may be subject to criminal prosecution under the laws of the State of Colorado with possible penalties of imprisonment, fines, or both. I declare under penalty of perjury (C.R.S. § 18-8-501, et. seq.) that the information I provided is true and correct.  If I am not the appealing party, I certify that I am acting on their behalf.

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