Denver workers could get stronger protections from wage theft, as a bill granting subpoena power to the city Auditor’s Office makes its way through City Council. The bill passed through committee on Tuesday and will head to the full body in the next few weeks.
The push for subpoena power comes more than a year after City Council passed a separate bill protecting workers from wage theft. In its 2023 wage theft report released last week, the Denver Auditor’s Office said it recovered more than $2 million for workers, an increase of about 85% over 2022. The office worked on 586 cases involving 3,570 workers.
But city staff say they can help many more workers with subpoena power, which would help them get payroll records and find other wage theft victims beyond individual complainants. Currently, the office can only fine businesses if they do not comply with document requests.
“By having a real picture of what’s going on, not just a narrow sliver, we’re able to achieve things that the city wants to do like hold bad actors accountable,” said Alejo Gonzalez, political coordinator with SEIU Local 105, in a committee hearing Tuesday. “Think about the folks that don’t have a union. Think about the folks that are too scared to speak up.”
During public comment, workers shared stories of withheld pay. One worker said he slept in his car after a contractor didn't pay him.
“This has been a long time coming, it has been needed,” said Councilmember Kevin Flynn, who is cosponsoring the bill with Councilmembers Sarah Parady and Amanda Sawyer.
The bill comes as Denver sees an influx of new immigrants, one of the groups most vulnerable to wage theft and exploitation.
“Wage theft can happen to everyone, but the most affected and impacted are immigrant workers,” said Monica Rodriguez Rafael, wage theft program coordinator with Centro de los Trabajadores.
A second bill would grant the Auditor’s Office subpoena power in performance investigations but it has not yet gone through committee.
That bill is more controversial, with some Councilmembers and city staff concerned about overreach. That bill would let the office subpoena documents when auditing city agencies and contractors.
That piece has a more complicated history. City Council granted subpoena power to the office in 2021 but withdrew it after the Auditor’s Office sued the body over an amendment added over concerns about overreach.
Now, Councilmembers are splitting up legislation on subpoena power to move along the less controversial piece regarding wage theft. On Tuesday, Auditor Timothy O’Brien said he hopes to see both bills come through quickly.
“I am totally in favor of this particular bill and hope to see another one in front of you soon,” he said.
