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NIETO v. CLARK'S MARKET, INC.

Supreme Court Case No. 19SC553.

488 P.3d 1140 (2021)

2021 CO 48

Carmen NIETO, Petitioner, v. CLARK'S MARKET, INC., Respondent.

Supreme Court of Colorado.

June 14, 2021.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Albrechta & Albrechta, LLC, Eleni K. Albrechta , David T. Albrechta , Durango, Colorado, Swain Law, LLC, Hunter A. Swain Denver, Colorado.

Attorneys for Respondent: Bechtel Santo & Severn, Michael C. Santo , Grand Junction, Colorado.

Attorneys for Amici Curiae Colorado Civil Justice League, Denver Metro Chamber of Commerce, and National Federation of Independent Business: Husch Blackwell LLP, Christopher L. Ottele , Stacey M. Bowman Denver, Colorado.

Attorneys for Amicus Curiae Colorado Department of Labor and Employment, Division of Labor Standards and Statistics: Philip J. Weiser , Attorney General, John August Lizza , First Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Plaintiff Employment Lawyers Association: Law Office of Susan R. Hahn LLC, Susan R. Hahn , Littleton, Colorado Law Office of David Lichtenstein, LLC, David Lichtenstein , Denver, Colorado Jester Gibson & Moore, LLP, Brian T. Moore , Rachel Tumin , Denver, Colorado.

En Banc.

¶1 In 2003, the General Assembly added subsection 8-4-101(14)(a)(III), C.R.S. (2020), of the Colorado Wage Claim Act ("CWCA") to expressly define "vacation pay" as a type of protected wages and compensation. Today, for the first time since its adoption, we address the meaning of subsection (14...

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