On March 25, 2025, the U.S. District Court for the District of Colorado issued a pivotal ruling in Commissiong v. Center at Lincoln, LLC, clarifying the statute of limitations for civil theft wage claims in Colorado involving unpaid wages. The Court’s decision allows a former employee’s claim for wage theft to proceed—despite the employer’s attempt to dismiss the case as untimely under the statute of limitations for tort actions. For Colorado employers and employees alike, this ruling reshapes the legal landscape surrounding wage disputes and amplifies the risk of civil theft liability in the employment context.
Jump to: The Court Ruling | Case Background | Is Civil Theft a Tort? | The Court’s Holding | Implications for Employers & Employees | Civil Theft FAQs
Background: Unpaid Wages and the Colorado Civil Theft Statute
Plaintiff Celine Commissiong, a licensed practical nurse and certified nursing assistant, worked at The Center at Lincoln (TCL) —a long-term care facility in Parker, Colorado—from December 2015 to April 2021. She alleged systemic Colorado wage law violations, including:
- Automatic 30-minute meal deductions were applied to reduce her pay even though she remained on duty, carried a work phone, and continued performing job duties during breaks;
- Failure to include non-discretionary incentive pay (such as COVID bonuses and LPN shift differentials) in her regular rate of pay, resulting in overtime underpayment;
- A broader pattern of unpaid work hours in violation of the Fair Labor Standards Act (FLSA), the Colorado Wage Claim Act (CWCA), and the Colorado Minimum Wage Act (CMWA).
In her amended complaint, Commissiong asserted multiple causes of action, including a claim for civil theft under Colo. Rev. Stat. § 18-4-405, alleging TCL knowingly and wrongfully retained unpaid wages owed to her and others.
The Legal Issue: Is Civil Theft a Tort in Colorado?
TCL moved to dismiss the Colorado civil wage theft claim, arguing that it was time-barred under Colorado’s two-year statute of limitations for tort claims (Colo. Rev. Stat. § 13-80-102(1)(a)). Since Commissiong’s employment ended in April 2021, and her original lawsuit wasn’t filed until October 2023, TCL argued that Commission’s civil theft claim was barred by the two-year statute of limitations.
Commissiong countered that the three-year statute of limitations under Colo. Rev. Stat. § 13-80-101(1)(h)—governing actions for theft, conversion, and replevin—was more appropriate, especially since her claim was not based solely in tort but in civil wage theft under Colorado law.
The Holding: Three-Year Statute of Limitations Governs Civil Theft Claims
Chief Judge Philip A. Brimmer sided with Commissiong, denying TCL’s motion to dismiss. The Court engaged in a thorough statutory analysis, ultimately concluding that the three-year statute of limitations under § 13-80-101(1)(h) governs civil theft claims involving the unpaid compensation.
Key Points from the Court’s Reasoning:
- Statutory specificity governs: Section 13-80-101(1)(h) explicitly references theft and conversion, while 13-80-102(1)(a) is a catch-all provision for general torts. Courts in Colorado favor applying the more specific statute when two may apply.
- Civil theft is not purely a tort: The Court cited Bermel v. BlueRadios, Inc., in which the Colorado Supreme Court emphasized that civil theft under § 18-4-405 serves a punitive purpose, distinguishing it from traditional torts.
- Wages qualify as property under Colorado theft law: Although wages are monetary, the Court reaffirmed that money can be subject to theft claims under § 18-4-405. This aligns with prior decisions (e.g., Curtis v. Counce) where courts applied the theft statute to misappropriated funds.
- Legal ambiguity favors longer deadlines: Recognizing inconsistencies in prior rulings, the Court cited Schober v. Thompson (2023), which emphasized the lack of consensus over whether two- or three-year limits apply. Given the ambiguity, courts are inclined to favor longer limitations periods to preserve viable wage claims.
Implications for Colorado Wage Disputes and Employment Law
This ruling has significant ramifications for wage-and-hour litigation in Colorado:
For Employees:
- Workers bringing Colorado wage theft claims now have up to three years to bring civil theft claims—not merely two.
- Civil theft allows for recovery of treble damages and attorneys’ fees, substantially increasing potential recoveries.
For Employers:
- Misclassifying on-call or meal breaks can expose employers to enhanced liability under civil theft statutes.
- Employers should ensure bonus pay, commissions, and incentive compensation are included in overtime rate calculations as required by Colorado and federal law.
Practical Compliance Tips for Employers and Workers
- Review Wage Practices: Employers should promptly audit payroll systems and wage deduction practices to ensure compliance with FLSA and Colorado law.
- Train Supervisors: Staff responsible for scheduling or break enforcement should be trained on the legal definition of “bona fide meal breaks.”
- Consult a Colorado Wage and Hour Attorney: Plaintiffs and defense attorneys alike should evaluate the implications of this case when asserting or challenging wage theft claims.
- “Wages” is broadly defined: Even though the Commissiong case was about unpaid hourly wages, the Wage Act defines “wages” broadly to include many forms of compensation, including earned bonuses and commissions; the rules clarified in the Commissiong case apply to other forms of wages, including earned bonuses and commissions.
Strengthening Wage Theft Protections in Colorado
Commissiong v. Center at Lincoln, LLC affirms a growing judicial consensus in Colorado: when employers wrongfully withhold wages, those wages may be treated as stolen property subject to civil theft remedies. The decision widens the path for employees seeking redress while signaling heightened risk for employers who fail to comply with wage and hour laws.
Need guidance on wage disputes or compliance strategies? Please let Baird Quinn’s experienced employment law attorneys assist you with questions about wage practices in Colorado. Get in contact with us today.
Frequently Asked Questions: Colorado Civil Theft & Wage Claims
What is the statute of limitations for civil theft in Colorado?
Under Colorado law (Colo. Rev. Stat. § 13-80-101(1)(h)), the statute of limitations for civil theft, conversion, and replevin is three years. This is highly beneficial for employees in wage disputes, as it provides a longer window to file a claim compared to standard two-year limitations for general torts.
Is civil theft a tort in Colorado?
While theft shares similarities with torts, the Colorado Supreme Court and federal district courts have distinguished civil theft under § 18-4-405 from general torts because civil theft serves a distinct punitive purpose. Because of this distinction, civil theft claims benefit from a specific three-year statute of limitations rather than the two-year “catch-all” statute applied to general tort actions.
Can unpaid wages be claimed under the Colorado civil theft statute?
Yes. Colorado courts have affirmed that monetary funds, including unpaid wages or unauthorized deductions, qualify as property that can be stolen. If an employer knowingly and wrongfully retains wages owed to an employee, the employee may pursue a civil theft claim, which can potentially result in treble (triple) damages and the recovery of attorney’s fees.
Do I need a theft claim lawyer in Colorado for unpaid wages?
Because bringing a civil theft claim against an employer involves complex statutory interpretation—especially regarding the statute of limitations and the specific legal definitions of “knowingly retaining” property—it is highly recommended to consult an experienced Colorado theft claim attorney or wage dispute lawyer to ensure your case is filed correctly and on time.