LESTER v. CAREER BLDG. ACADEMY

Court of Appeals No. 13CA0989.

338 P.3d 1054 (2014)

2014 COA 88

Reid LESTER, Plaintiff-Appellant, v. The CAREER BUILDING ACADEMY, a Colorado Nonprofit Corporation; and Rick Johnson, LLC, a Colorado limited liability company, d/b/a Johnson Heating and Plumbing, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 9, 2014.


Attorney(s) appearing for the Case

David Lichtenstein , Ariel DeFazio , Denver, Colorado, for Plaintiff-Appellant

The Law Firm of Lee K. Rosenbaum, P.C., Richard E. Wootton , Colorado Springs, Colorado, for Defendants-Appellees

Sweeney & Bechtold, LLC, Joan M. Bechtold , Denver, Colorado; Lisa R. Sahli , Attorney at Law, LLC, Lisa R. Sahli , Englewood, Colorado, for Amicus Curiae Employment Lawyers Association

Sawaya & Miller Law Firm, David H. Miller , Denver, Colorado, for Amici Curiae Interfaith Worker Justice Committee of Colorado; FRESC; El Centro Humanitario Para Los Trabajadores; 9-5, National Association of Working Women, Colorado Chapter; and Colorado Immigrant Rights Coalition


Opinion by JUDGE TAUBMAN

¶ 1 This case presents the issue of whether a trial court may apply the same standard in awarding attorney fees to prevailing employees and employers under the Colorado Wage Claim Act (CWCA), sections 8-4-101 to -123, C.R.S.2013. We conclude that it may not.

¶ 2 The legislative declaration contained in the 2007 CWCA amendments has been interpreted to mean that a prevailing employee is presumptively entitled...

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