2025 Annual Wage Theft Report

Cover of the 2025 Annual Wage Theft Report.

 

As required by city ordinance, we issue an annual wage report by the end of March overviewing our work, results, and impacts from the prior year. This 2025 Annual Wage Theft Report provides a detailed overview of Denver Labor’s successes in deterring wage theft, alleviating poverty, and promoting fair competition through comprehensive wage and hour enforcement.

Feel free to read the full report below, which this year also contains new information about our successes in community outreach and communications efforts to help workers understand their rights and educate employers on how to navigate Denver's wage laws

Auditor’s Letter

March 23, 2026

If there is one word to define Denver Labor Division's work in 2025, it is growth.

We recovered more restitution, investigated more wage-theft cases, and enforced the rights of more workers than ever before. We took on the largest wage-theft case in our office’s history involving two strip clubs. We have made deeper impact in growing labor industries like gig app work, where workers are being misclassified as independent contractors and businesses following the rules are facing unfair competition. We led in informing lawmakers and stakeholders about the potential consequences of an increased tip credit amount for tipped workers. And we hired talented employees with diverse skill sets to educate companies about labor laws and empower workers about wage rights.

These highlights and more can be found in this “2025 Annual Wage Theft Report.” City ordinance requires us to issue an annual wage report before the end of March, summarizing our work, results, and impact from the previous year. Denver Labor is not a division that stands still; we are solution-focused, proactive, and high-achieving. We deter wage theft and promote fair business competition through comprehensive wage and hour enforcement. We protect workers’ rights. Our growing list of accomplishments speaks volumes about the positive effect we continue to have on workers and their families in the Denver area.

I would like to extend my gratitude to the Mayor’s Office, members of the Denver City Council, the independent Audit Committee, and the city’s financial and operational managers for their support throughout the year.

Thank you for taking the time to read this report, which is also available in Spanish on our website.

Sincerely,

Auditor's Signature

Denver Auditor Timothy M. O’Brien, CPA
 

 

2025 by the numbers

2025 by the numbers. Graphic that shows Denver Labor results in 2025: 859 wage-theft cases with restitution, $2,310,010 recovered for workers, 7,200 workers whose rights we enforced, 4,236 workers receiving restitution, $117,556 in a single wage-theft investigation.

 

What is wage theft

Wage theft occurs whenever a worker is denied the wages or benefits they are legally entitled to under local, state, and federal law, or any applicable contracts, rules, regulations, or enforceable standards.

Every year, tens of thousands of Denver-area workers lose hundreds of millions of dollars because of wage theft.

When people are denied their earned wages, they face unfair choices between paying rent or purchasing food, prioritizing the heating bill or the water bill, or even whether to get health care treatment when sick or injured.

Denver Labor aims to protect Denver’s workers and employers to ensure everyone is paid according to the law.

About the Denver Labor Division

Image with Denver Labor leadership. From left to right: Executive Director of Denver Labor Matthew Fritz-Mauer, Denver Auditor Timothy M. O’Brien, and Director of Denver Labor Rafael Gongón.Denver Labor is a division of the Denver Auditor’s Office and enforces the Minimum Wage, Civil Wage Theft, and Prevailing Wage ordinances. We audit 100% of certified payrolls involving prevailing wage requirements and we investigate 100% of wage complaints.

We educate workers, businesses, and the community about Denver’s wage and hour laws fairly and thoroughly, using the most effective tools and strategies available.

Our labor compliance technicians and analysts are highly skilled, multilingual, and bring a variety of work experiences to form a well-rounded division.

Wage theft investigation highlights: Strip clubs

2025 was a monumental year involving strip club workers and wage theft. As the adult entertainment industry is wrought with wage theft, we expanded our investigations into Denver's strip clubs.

Strip club owes nearly $14 million

Front door of Diamond's Cabaret.

We ordered Diamond Cabaret and Rick’s Cabaret — both owned by RCI Hospitality Holdings Inc. — to pay $13,958,000 in restitution and penalties after we found more than 230 workers, like entertainers, bartenders, and servers, were victims of wage theft.

These clubs misclassified entertainers as exempt from wage and hour laws while strictly controlling their work, leading to widespread minimum wage violations. Club owners required workers to pay up to $140 in “house fees” and $8 in “promo fees” per shift, while managers illegally took portions of tips. Added violations included mandatory unpaid performances, fines for missed sets, and destruction of wage records. This investigation set Denver Labor records for the most workers helped, the largest restitution owed, and the highest penalties enforced for a single case.

Adult entertainers are workers

In late 2025, Denver District Court ruled strip club entertainers are workers who have protections under Denver’s wage and employment laws. The strip clubs argued entertainers are “licensees” — not employees, independent contractors, or workers — and are not subject to a Denver Labor wage investigation. We saw this as an attempt to operate beyond Denver wage laws and deny a group of people their basic workplace rights. A hearing officer found in Denver Labor’s favor, affirming the fines, ruling that Denver Labor can investigate the strip clubs, and upholding the subpoenas. The clubs appealed again, but a Denver District Court judge affirmed the hearing officer’s decisions.

We encourage anyone experiencing wage theft in the adult entertainment industry to file an anonymous complaint at DenverGov.org/StripClub.

Wage theft investigation highlights: Gig apps

Denver Labor made strides in helping people who use gig apps to find work. Gig work generally involves short-term or flexible assignments performed by people who, in many cases, are unlawfully misclassified as independent contractors. It is an industry where the risk of wage theft is high.

GigSmart does the right thing

We found workers on GigSmart’s platform were misclassified as independent contractors, and not earning benefits like overtime, paid leave, and workers’ compensation. After we investigated, GigSmart committed to ensuring legal pay. We recovered over $22,000 in wage underpayments, plus $4,500 in interest. Although the hiring businesses could have been held liable, GigSmart voluntarily took full responsibility — announcing that beginning April 2025 all Colorado gig workers using its platform would be classified as W-2 employees, guaranteeing minimum wage, overtime, paid sick and safe leave, unemployment insurance, and workers’ compensation coverage.

Settlement with Veryable

We also found worker misclassifications with Veryable. It misclassified workers as independent contractors. After our investigation, we settled with Veryable and enforced the rights of more than 1,500 people. Veryable agreed to pay $100,000 in restitution and fines, reclassify all employees statewide, follow all employment laws moving forward, and create a paid sick leave bank.

Wage theft investigation highlights: Underpayments

Our team of wage analysts discover theft across various industries and workplaces. If workers are underpaid according to the law, we will investigate their case.

Entertainment company pays $5,000 in fines after wage theft and retaliation

An AMC Theaters worker was disciplined for not finding a shift replacement when they called in sick, violating Colorado’s Healthy Families and Workplaces Act. The employer also did not pay the worker’s accrued paid sick leave. We found these actions were wage theft and retaliation. We ordered the employer to pay restitution, interest, damages, and penalties.

Restaurant workers recover $70,011 after minimum wage violation

After Denver Chophouse closed its airport location, a worker reported not receiving a final paycheck. Through our investigation we also found the employer continued paying 2024’s minimum wage rate into 2025. As a result, we recovered wages for 44 workers.

Misclassified employees receive $185,539 at airport

We received a wage complaint about workers on a duct and coil cleaning services contract at Denver International Airport. Workers were misclassified and paid the common laborer rate. We confirmed the employees were misclassified and significantly underpaid. We recovered wages for 24 employees.

Wage theft investigation highlights: Apprentices

Contractors using apprentices must enroll them in an approved apprenticeship program registered with the U.S. Department of Labor. Contractors must follow the 1:1 ratio requirement for apprentices — one journeyman for each apprentice. If the ratio is not met, underpayment is possible.

Nearly $45,000 recovered after contractor did not meet apprenticeship requirements

During a review of a prevailing wage hotel project, we noticed Befort Plumbing & Heating often listed workers as apprentices. We requested federal certificates to confirm the apprenticeship status of its workers. Instead, the company provided state of Colorado certificates and followed a 1:3 ratio, which does not meet Denver’s requirements. Although the company corrected the issue, we found four apprentices had been misclassified for most of the project and we recovered restitution

Public engagement and community connections

Minimum wage ad campaign for 2026 featuring a homecare worker.
Denver Labor uses an education-first approach to ensure employers and workers understand their legal rights and obligations.

Our efforts allow us to reach all parties involved in wage compliance across the city.

In 2025, we took part in meetings and trainings with 21 nonprofits, consulates, and community groups. We partnered with El Centro de los Trabajadores and trained organizations such as Justice and Mercy Legal Aid Center and Denver Housing Authority. We also educated small business owners, union interns, and young people entering the workforce.

Registered Neighborhood Organizations hosted us, and we explained how Denver Labor reduces wage theft and supports both workers and compliant businesses. Our team also took part in 18 industry and family-oriented events — like the Colorado Restaurant & Bar Show, Future Fest, Cinco de Mayo, PrideFest, Global Fest, Black Arts Festival, and several back-to-school events, providing informational materials and direct access to our staff.

We use social media to send out information. Our monthly “Wages Wednesday” presentations on Facebook help city contractors, small businesses, and workers better understand wage ordinances. In our “Ask the Auditor video series, we address topics including how our office supports small businesses, wage theft in the gig economy, and how to prevent misclassification.

Our minimum wage advertising campaign generated an estimated 51,684,290 impressions across digital, radio, print, television, and out-of-home platforms.

Our educational initiatives are designed to inform, remove barriers and serve as the primary, trusted source of information on wage protections in the city.

Media coverage and social media

Media coverage is essential to advancing Denver Labor’s mission. Through trusted news outlets, information about wage laws, enforcement actions, and worker protections reach broad and diverse audiences.

Local news coverage reinforces transparency and accountability, while helping both workers and employers understand their rights and responsibilities. It also signals that compliance matters and standards are actively upheld. Importantly, media coverage shows people are paying attention to Denver Labor’s efforts.

Notable news headlines

  • Denver Post: “Two Denver strip clubs must pay nearly $14 million in back pay and penalties to workers, auditor rules”
  • 9News: “Judge rules Denver strip club entertainers have wage protections.”
  • Axios: “Scoop: Which Denver businesses paid the most in wage restitution”
  • CBS Colorado: “Denver Labor recovers $2.3M in unpaid wages for workers.”

Social media provides Denver Labor with a direct and accessible way to engage the public. It allows timely updates, educational content sharing, and responsive interaction in both English and Spanish. Through social platforms, workers can learn about their rights, employers can access guidance, and community partners can stay informed. This consistent presence increases transparency, strengthens trust, and ensures people pay attention to Denver Labor’s work.

Social media highlights

  • Facebook: Threatening immigrant workers about their immigration status is illegal.
  • Facebook: Information and resource table at the Mexican Consulate.
  • Instagram: Judge rules against strip club owners.
  • Instagram: Denver District Court ruled that strip club entertainers are classified as workers.
  • Instagram: 2026 minimum wage campaign.
  • Instagram: Wage Justice Champion Award.

Social media posts in 2025

  • Facebook: 251.
  • Instagram: 214.
  • LinkedIn: 46.
  • Nextdoor: 43.

Looking ahead

Our work this past year shows what government can accomplish when it is responsive to workers’ needs. Most people who benefit from Denver Labor’s work are unlikely to enforce their own rights. Many cannot hire a lawyer, are prohibited from going to court by mandatory arbitration agreements, or think taking action would be futile.

In Denver, all workers have rights that matter. We will continue to prove that in the years to come through outreach, education, proactive investigations, and fearless litigation.

Matthew Fritz-Mauer, Esq., PhD
Executive Director of Denver Labo
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Timothy O'Brien Official Headshot

AUDITOR TIMOTHY O'BRIEN, CPA
Denver Auditor


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