Colorado Supreme Court Clarifies: Minimum Wage Claims Must be Filed Within 2-3 Years
Colorado Supreme Court Clarifies: Minimum Wage Claims Must be Filed Within 2-3 Years
Carl Williams, Law Clerk
On September 15, 2025, the Supreme Court of Colorado issued a significant decision en banc in By the Rockies LLC v. Perez,[1] holding that the statute of limitations under the Colorado Wage Claims Act (“CWCA”) applies to claims brought under the Colorado Minimum Wage Act (“CMWA”). The Court’s ruling resolves a split at the state’s appellate level and brings consistency between Colorado and federal law, which follows a similar statute of limitations period.
Brief Background of Perez
Samuel Perez (“Perez”), a former employee of By the Rockies, LLC (“BTR”), filed a claim under the CMWA in 2022. He claimed that while employed in 2016 and 2017, BTR failed to provide him and other employees their required meal and rest breaks during their shifts. BTR asked the court to dismiss Perez’s complaint as too late. It admitted that, since the CMWA does not set its own filing deadline, the default six-year deadline for debt collection cases could apply. But BTR argued that the court should instead use the two-year deadline found in the CWCA, which directly deals with claims for unpaid wages. BTR said this approach makes sense because both laws are part of the same overall wage-and-hour framework. It also warned that using the longer six-year deadline would clash with other wage laws, most of which set two- or three-year deadlines for filing claims over unpaid wages.
The Arapahoe County District Court agreed with BTR and dismissed the case. However, in 2023, a split panel of the Colorado Court of Appeals reversed the judgment, holding that because the CMWA contains no statute of limitations, the six-year statute of limitations used in actions for the recovery of liquidated debt or an unliquidated, determinable amount of money applied.[2]
BTR sought a review of the decision, and the Supreme Court of Colorado granted certiorari to resolve the split amongst the Colorado appellate courts.
The Colorado Supreme Court’s Decision
The Supreme Court of Colorado held that the two- or three-year statute of limitations in the CWCA applies to claims brought under the CMWA. The limitations period is two years for ordinary violations, but it extends to three years if the violation was willful. The Court explained that both the CWCA and CMWA fall under Title 8 of Colorado law, which addresses labor and employment law, and share the common purpose of ensuring payment of wages. For this reason, it made more sense to apply the CWCA’s time limits than the general six-year deadline that applies to debt collection claims.
In making its decision, the Court found it illogical to allow six years for claims brought under the CMWA while limiting other wage claims to two or three years.
Employer Considerations
This decision provides clarity and uniformity for Colorado employers. The Supreme Court has now confirmed that claims brought under the CMWA must be filed within two years (or three years if willful), not six. An ordinary violation might occur when an employer makes a simple mistake in paying wages, while a willful violation could involve intentionally withholding wages or failing to provide required breaks. Therefore, employers should continue to maintain accurate payroll records for at least three years.
As the Colorado Chamber of Commerce noted, the Perez decision ensures that businesses are not subject to overly burdensome record-keeping obligations while maintaining consistency with federal labor law. Campbell Litigation remains available to help employers navigate Colorado’s wage and hour laws, and ensure employees receive proper wages and breaks in line with state and federal requirements.
[1] See By the Rockies, LLC v. Perez, 2025 CO 56 (Colo. 2025).
[2] See Perez v. By the Rockies, LLC, 543 P.3d 1054 (Colo. App. 2023).