Denver approves ‘wage theft’ protection bill
Orange flooded the Denver City Council chambers Monday during a public hearing on a “wage theft” protection bill.
The orange did not belong to fans of Denver Broncos, Clemson Tigers or Tennessee Volunteers, but to Carpenters Local 555 – a labor union in Denver.
“Wage theft” is pervasive in Denver, according to District 11 Councilwoman Stacie Gilmore. It has cost Denver’s accommodations, service, manufacturing, construction and retail workers $728 million annually, Gilmore and District 5 Councilwoman Amanda Sawyer said, citing a report from the Colorado Fiscal Institute.
The Colorado Fiscal Institute defines “wage theft” to include nonpayment, underpayment, employee misclassification, deduction violations, and “tipped job abuse.”
Backers of the proposal argue that it sends a message to workers that the city has their backs. Opponents, meanwhile, say they’re skeptical that another regulation solves the issue.
Many of the workers who spoke at the public hearing said they experienced wage theft first hand. Some said they confronted the person writing their checks head on, leading to heated or even exchanges where they said they sensed danger.
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One of those workers is Michael Giznel, who said that he took a job three years ago at an apartment complex for a new contractor that a friend of his knew. After one week of work, Ginzel said he showed up to the worksite and found it abandoned. The contractor began dodging his calls and so he decided to speak with him in person, Ginzel said.
“He came out very startled and very aggressive, and that’s when I felt like I was in a dangerous situation,” Ginzel testified during the public hearing. “So, this ordinance isn’t just about doing what’s right for the workers, it’s also about what we need to do to protect the workers from situations that can become hostile.”
Some people become desperate when they’re not paid for the time they worked, which can cause more hostility, he said.
During past meetings, District 2 Councilman Kevin Flynn recalled hearing from employers, contractors and companies concerned about the penalties contained in the bill.
Flynn said the solution is simple.
“Pay your workers every damn cent they earn,” he said. “I’ve read the bill many times and I think I’ve found a loophole for them.”
Many who attended the meeting cheered and whistled in support of the legislation, as council passed the bill unanimously with District 9 Councilwoman Candi CdeBaca voting with a “hell yes.”
Mark Thompson, a member of Local 555, said the bill’s the passage is significant.
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“This is a very bold statement to the industry, to the working community and to workers that the City of Denver has our backs,” Thompson said. “This is huge, and the hope is that surrounding communities in the state of Colorado are going to see what was done here and follow suit.”
Thompson, who has been a carpenter for 35 years, said he started when he was 19-years-old after stumbling across an apprenticeship opportunity. Since then, carpentry has put food on his table, and he said he’s grateful to the industry.
Dan Ridgeway, another member of Local 555 who has been in the business for 49 years, said the bill will benefit the city – even if that wasn’t brought up during the hearing.
“They mentioned the wages, but what about taxes?” He said. “The city’s hemorrhaging a huge amount of money on all these guys working for cash and not getting paid.”
Jessica Kostelnik, a senior government affairs manager for the Denver Metro Chamber of Commerce, said her group opposes the bill due to lingering concerns.
“Generally, we remain concerned about how this legislation will layer compliance with the Colorado wage theft law, as well as federal legislation,” she said. “As an organization, we are always skeptical of whether a new regulation is the right answer, especially before there’s ample evidence to suggest that existing regulation is not going to be adequate.”
The chamber also said the bill’s potential effect on small businesses is unknown.
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Kostelnik said the chamber is looking forward to participating in the rule making process and expressed thanks to sponsors of the bill, despite the group’s “respectful opposition.”
After the meeting, Thompson looked to the future of carpentry and construction in Denver with optimism, saying people will see both as a good opportunity again. He hopes wages in Colorado become more competitive with other states, saying the comparison is not even close.
He also took time to reflect on his 35 years in carpentry.
“I knew I would never be rich being a carpenter,” he said. “But I knew I should be able to live with dignity and provide for my family, and I have.”





