Hernandez v. Ray Domenico Farms, Inc., 414 P.3d 700

Plaintiffs are seasonal and year‑round farmworkers who alleged unpaid overtime (FLSA) and AWPA wages during employment and brought Colorado Wage Claim Act claims after termination.
Several plaintiffs were terminated in April 2016; the suit was filed July 2016 in U.S. District Court for the District of Colorado alleging, inter alia, violations of the Colorado Wage Claim Act (§§ 8-4-101 to -123).
Issue certified to Colorado Supreme Court under C.A.R. 21.1: whether Colo. Rev. Stat. § 8-4-109(1)(a) lets a terminated employee sue for any unpaid wages earned during employment even if § 8-4-122 statute of limitations had already run on those wages when suit is filed.
Section 8-4-103 requires regular pay during employment; § 8-4-109 requires payment of wages unpaid at termination; § 8-4-122 imposes a 2‑year limitations period (3 years for willful violations).
District court found plausible competing readings and certified the question; Colorado Supreme Court reviewed de novo and applied plain‑language statutory construction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 8-4-109 permit a terminated employee to recover wages unpaid at any time during employment even if those wages became time‑barred under § 8-4-122?	§ 8-4-109 revives all unpaid wages at termination; limitations period should run from termination.	§ 8-4-109 covers only final paycheck items (wages due at separation); earlier pay claims remain governed by § 8-4-103 and time barred.	§ 8-4-109 allows claims for previously earned but unpaid wages, but § 8-4-122’s limitations period applies and accrues when each wage first became due (payday after pay period). Claims limited to 2 years (3 if willful) before termination.

Leonard v. McMorris, 63 P.3d 323 (Colo. 2003) (standard: de novo review and give effect to statute’s plain language)
In re 2000–2001 Dist. Grand Jury, 97 P.3d 921 (Colo. 2004) (apply statute as written when text is clear)
Morrison v. Goff, 91 P.3d 1050 (Colo. 2004) (statutes of limitation construed to promote justice and avoid stale claims)