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My former employer refuses to pay me a portion of my vacation time. I am going to file suit against the employer requesting the balance of my vacation time and additional penaties as allowed by the colorado department of labor. I have found two different calculations for penalties. One is on the Demand for Payment Form (on the Colorado Division of Labor's Web Site) and the other is in the Colorado Division of Labor Advisory Bulletins and Resource Guide. My question is what calculation do I use to request payment of penalties?
Demand for Payment Reference to Title 8 Article 4
I hereby make a formal demand for payment of wages and compensation due me in accordance with Title 8, Article 4 of the Colorado Revised Statutes, as amended. Refusal to pay me or my designated agent in accordance with the law may subject you to penalties of $50 dollars per day commencing from the date that such wages first became due and payable.
Colorado Division of Labor Advisory Bulletins and Resource Guide reference to Title 8 Article 4
(3) If an employer refuses to pay wages or compensation in accordance with subsection (1) of this section, the employee or his or her designated agent shall make a written demand for the payment within sixty days after the date of separation and shall state in the demand where such payment can be received. If an employee's earned, vested, and determinable wages or
compensation are not mailed to the place of receipt specified in a demand for payment and postmarked within ten days after the receipt of such demand, the employer shall be liable to the employee for an amount, in addition to the wages or compensation, equal to the greater of: Fifty percent of the amount of wages or compensation due or the employee's average daily earnings for each day, not to exceed ten days, until such payment or other settlement satisfactory to the employee is made. The daily earnings penalty shall not begin to accrue until the employer receives such written demand. The employee or his or her designated agent may commence a civil action to recover such penalty. Any employee or his or her designated agent who has not made a written demand for the payment within sixty days after the date of separation or who has otherwise not been available to receive payment shall not be entitled to any such penalty under this subsection (3). A payment under this subsection (3) shall be made in the form of a check draft or voucher in the name of the employee.
Demand for Payment Reference to Title 8 Article 4
I hereby make a formal demand for payment of wages and compensation due me in accordance with Title 8, Article 4 of the Colorado Revised Statutes, as amended. Refusal to pay me or my designated agent in accordance with the law may subject you to penalties of $50 dollars per day commencing from the date that such wages first became due and payable.
Colorado Division of Labor Advisory Bulletins and Resource Guide reference to Title 8 Article 4
(3) If an employer refuses to pay wages or compensation in accordance with subsection (1) of this section, the employee or his or her designated agent shall make a written demand for the payment within sixty days after the date of separation and shall state in the demand where such payment can be received. If an employee's earned, vested, and determinable wages or
compensation are not mailed to the place of receipt specified in a demand for payment and postmarked within ten days after the receipt of such demand, the employer shall be liable to the employee for an amount, in addition to the wages or compensation, equal to the greater of: Fifty percent of the amount of wages or compensation due or the employee's average daily earnings for each day, not to exceed ten days, until such payment or other settlement satisfactory to the employee is made. The daily earnings penalty shall not begin to accrue until the employer receives such written demand. The employee or his or her designated agent may commence a civil action to recover such penalty. Any employee or his or her designated agent who has not made a written demand for the payment within sixty days after the date of separation or who has otherwise not been available to receive payment shall not be entitled to any such penalty under this subsection (3). A payment under this subsection (3) shall be made in the form of a check draft or voucher in the name of the employee.