Hernandez v. Ray Domenico Farms, Inc.Annotate this Case
The United States District Court for the District of Colorado certified a question of Colorado law to the Colorado Supreme Court. Defendant Ray Domenico Farms, Inc. grew organic vegetables. Plaintiffs were three year-round and four seasonal migrant workers who had been previously employed by Domenico Farms from as far back as 1992. All Plaintiffs were paid by the hour, and alleged they never received overtime pay during their employment with Domenico Farms. While agricultural workers were generally exempt from the Fair Labor Standards Act’s (“FLSA”) overtime requirements, Plaintiffs alleged they performed nonagricultural tasks in weeks in which they worked more than forty hours, thus entitling them to overtime wages under FLSA for those weeks. The certified question from the federal court pertained to how far back in time a terminated employee’s unpaid wage claims could reach under the Colorado Wage Claim Act, sections 8-4-101 to -123, C.R.S. (2017). Specifically, the certified question asked whether the statute permitted a terminated employee to sue for wages or compensation that went unpaid at any time during the employee’s employment, even when the statute of limitations had run on the cause of action the employee could have brought for those unpaid wages under Colo. Rev. Stat. § 8-4-103(1)(a). The Supreme Court held that under the plain language of section 109, an employee could seek any wages or compensation that were unpaid at the time of termination; however, the right to seek such wages or compensation was subject to the statute of limitations. That statute of limitations begins to run when the wages or compensation first become due and payable and thus limits a terminated employee to claims for the two (or three) years immediately preceding termination. Thus, the Court answered the certified question in the negative.