Highlights

The Colorado Supreme Court has determined that a two-year statute of limitations is applicable for claims of non-willful violations of the state's Wage Act. For willful violations, the limit is three years.

Along with limiting the potential liability of employers under the Colorado Wage Act, the decision brings Colorado's wage and hour law into closer alignment with the Fair Labor Standards Act (FLSA).

This Holland & Knight alert reviews the court case on which the decision is based and the practical implications going forward.

The Colorado Supreme Court issued a decision in By the Rockies LLC and Duane Layton v. Perez on Sept. 15, 2025, that determined that a two-year statute of limitations (for non-willful violations) or three-year statute of limitations (for willful vio

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