CO HB1296

Creates the crime of wage theft under Colorado law (C.R.S. 18-4-420) for knowingly failing to pay wages or compensation to employees or falsely denying the amount owed

Establishes tiered penalties based on amount: Class 2 misdemeanor for less than $500; Class 1 misdemeanor for $500-$999; Class 4 felony for $1,000-$19,999; Class 3 felony for $20,000 or more

Each failure to pay or false denial to each employee during each calendar month constitutes a separate violation

Provides an affirmative defense if the person lacks ability to pay and had good faith belief at time of requesting labor that payment would be made timely

Takes effect September 1, 2012, subject to referendum petition, and applies only to offenses committed on or after the effective date