Before it permanently closed in February, the Comal Heritage Food Incubator was a small place in RiNo where immigrants could work in an award-winning kitchen while learning the skills they needed to one day open an eatery of their own. Comal launched in 2016 as a project by the nonprofit Focus Points, which supports low-income and immigrant Families in Denver, mostly in the Globeville and Elyria-Swansea neighborhoods.
Initially, Comal enjoyed plenty of success. It landed on the New York Times list of the Fifty Best Restaurants in America in 2021, when it was still located in the TAXI development before it moved to the Family Resource Center in 2023, and it helped participants from countries like Ethiopia, Syria, Venezuela, Colombia and Afghanistan open such businesses as Silvia’s Kitchen, Prieto’s Catering, and Jebena Ethiopian Coffee & Gursha Catering.
But former Comal workers now say that Focus Points took advantage of their labor and their aspirations, and they're urging the Denver Auditor's Office to investigate the nonprofit, asking council to deny the upcoming rezoning request, and suggesting that donors to think twice about who they're supporting.
The group includes Gilnia Catherine Contreras Silva, Maria Elena Perez Reyes, Claudia Carmona, Marta Leon, Silvia Guevara and Noemi Saldivar, all immigrants from Mexico or Venezuela. Most of them worked at Comal between 2023 and 2024; they say Comal decided not to renew their contracts in 2024 after they started complaining.
The group includes Gilnia Catherine Contreras Silva, Maria Elena Perez Reyes, Claudia Carmona, Marta Leon, Silvia Guevara and Noemi Saldivar, all immigrants from Mexico or Venezuela. Most of them worked at Comal between 2023 and 2024; they say Comal decided not to renew their contracts in 2024 after they started complaining.
"The donors should know where they're putting their money," Carmona says. "They took advantage of people's dreams."
The group has a long list of complaints against Comal management, including discrimination against immigrants, and they allege Focus Points violated labor laws by classifying them as independent contractors for Comal rather than employees.
"Some called us contractors, some called us students," Guevara says. "But as students, we didn't learn anything." She adds that some of them were even charged student fees.
Contreras Silva, Perez Reyes and the rest accuse Comal of never letting them set their own pay and rates despite classifying them as independent contractors. Comal calls its workers "participants," but the individuals complaining about Comal say they worked set schedules at set rates, unlike other independent contractors like plumbers or electricians.
"They treated us as employees," Perez Reyes says. "They didn't give us any of the training or teaching."
According to the group, some of them were paid as low as $14.70 an hour through stipends for three- or four-hour shifts, called blocks. Perez Reyes says she was paid $15 an hour. In Denver, the minimum wage when they left Comal in 2024 was $18.29, up from $17.29 the year before. Denver's minimum applies to all employees except those working solely as independent contractors, according to the Auditor's Office.
Employers in the food and beverage industry can claim a $3.02 tip credit for workers, which would have allowed Comal to pay a minimum wage of $15.27 as long as the workers were receiving those tips.
However, the group is also alleging wage theft, since its members say they were denied overtime pay and tips. The immigrants who participated in Comal cooked and served the food, and Perez Reyes says patrons would leave tips that management suddenly stopped passing along to them. "The tips are a mystery," Perez Reyes says. "One day, no more tips. We asked for tips from the manager, and he always laughed."
At times, they weren't paid, according to Contreras Silva, who describes a staggered payment system in which only a few employees would be paid at a time — but no one was told when that would be, even though their contracts specified they were to be paid every two weeks.
"They move that way and sometimes, 'Where's my check? Oh, you didn't get your check?'" Contreras Silva recalls, saying Comal management feigned forgetfulness and would withhold checks until people asked for them. Saldivar says that she once went five weeks without a check.
Contreras Silva says that Comal management told workers to buy their own health insurance because they were independent contractors, but she and the rest of the group believe they were owed health insurance as employees.
Some of the former Comal workers, including Perez Reyes, say that management wouldn't talk to them or would treat them rudely compared with staff who weren't immigrants. Kelty denies accusations of discrimination at Focus Points, saying "any behavior rooted in racism or homophobia is fundamentally opposed to our values and mission."
Focus Points wants to rezone its Family Resource Center at 2501 East 48th Avenue so that it can develop affordable housing on the property and expand the use of the existing building, according to a council staff report.
The Focus Points "proposal fundamentally fails the 'public interest' criterion required for rezoning approval," says CdBaca, who'll be speaking at the council meeting alongside the former Comal workers
"Focus Points has a documented history of exploiting our community while masquerading as its advocate," CdBaca says. "Under Jules Kelty's leadership, this organization has systematically violated labor laws, misclassified workers, engaged in wage theft and tokenized immigrant participants for fundraising while paying them below minimum wage. Currently, seven wage theft complaints are under active investigation by Denver's Civil Wage Theft Department and the city Auditor's Office."
"Some called us contractors, some called us students," Guevara says. "But as students, we didn't learn anything." She adds that some of them were even charged student fees.
Contreras Silva, Perez Reyes and the rest accuse Comal of never letting them set their own pay and rates despite classifying them as independent contractors. Comal calls its workers "participants," but the individuals complaining about Comal say they worked set schedules at set rates, unlike other independent contractors like plumbers or electricians.
"They treated us as employees," Perez Reyes says. "They didn't give us any of the training or teaching."
Former Denver City Councilwoman Candi CdeBaca, who formerly represented the Globeville and Elyria Swansea area on council and is a notable advocate for the area, has been aiding their efforts in organizing and getting the city involved. She says that Comal misled immigrants into thinking they would be learning as they worked, only to find out they would just be doing work with less pay and benefits.
"They are reeled in and told that they are students," CdeBaca says. "Then they're misled to sign contracts as independent contracts and then treated as employees."
"They are reeled in and told that they are students," CdeBaca says. "Then they're misled to sign contracts as independent contracts and then treated as employees."
According to the group, some of them were paid as low as $14.70 an hour through stipends for three- or four-hour shifts, called blocks. Perez Reyes says she was paid $15 an hour. In Denver, the minimum wage when they left Comal in 2024 was $18.29, up from $17.29 the year before. Denver's minimum applies to all employees except those working solely as independent contractors, according to the Auditor's Office.
Employers in the food and beverage industry can claim a $3.02 tip credit for workers, which would have allowed Comal to pay a minimum wage of $15.27 as long as the workers were receiving those tips.
However, the group is also alleging wage theft, since its members say they were denied overtime pay and tips. The immigrants who participated in Comal cooked and served the food, and Perez Reyes says patrons would leave tips that management suddenly stopped passing along to them. "The tips are a mystery," Perez Reyes says. "One day, no more tips. We asked for tips from the manager, and he always laughed."
At times, they weren't paid, according to Contreras Silva, who describes a staggered payment system in which only a few employees would be paid at a time — but no one was told when that would be, even though their contracts specified they were to be paid every two weeks.
"They move that way and sometimes, 'Where's my check? Oh, you didn't get your check?'" Contreras Silva recalls, saying Comal management feigned forgetfulness and would withhold checks until people asked for them. Saldivar says that she once went five weeks without a check.
Contreras Silva says that Comal management told workers to buy their own health insurance because they were independent contractors, but she and the rest of the group believe they were owed health insurance as employees.
The former Comal workers want the Denver Auditor's Office to investigate Focus Points for wage theft and worker misclassification. Perez Reyes submitted a complaint to the Auditor's Office in November, with others following suit soon after, and the six women met with an office representative on July 31. The Auditor's Office declines to comment on whether it's investigating Focus Points.
Focus Points denies the allegations of worker misclassication and wage theft. "We take labor compliance seriously and believe all individuals are appropriately classified in accordance with applicable laws and regulations," says Focus Points executive director Jules Kelty (no relation).
Focus Points denies the allegations of worker misclassication and wage theft. "We take labor compliance seriously and believe all individuals are appropriately classified in accordance with applicable laws and regulations," says Focus Points executive director Jules Kelty (no relation).
Some of the former Comal workers, including Perez Reyes, say that management wouldn't talk to them or would treat them rudely compared with staff who weren't immigrants. Kelty denies accusations of discrimination at Focus Points, saying "any behavior rooted in racism or homophobia is fundamentally opposed to our values and mission."
Focus Points wants to rezone its Family Resource Center at 2501 East 48th Avenue so that it can develop affordable housing on the property and expand the use of the existing building, according to a council staff report.
The Focus Points "proposal fundamentally fails the 'public interest' criterion required for rezoning approval," says CdBaca, who'll be speaking at the council meeting alongside the former Comal workers
"Focus Points has a documented history of exploiting our community while masquerading as its advocate," CdBaca says. "Under Jules Kelty's leadership, this organization has systematically violated labor laws, misclassified workers, engaged in wage theft and tokenized immigrant participants for fundraising while paying them below minimum wage. Currently, seven wage theft complaints are under active investigation by Denver's Civil Wage Theft Department and the city Auditor's Office."
According to Kelty, the rezoning request "has strong community support" and "reflects the needs" of the Globeville and Elyria Swansea neighborhoods around it. Councilman Darrell Watson, who now represents the area, has not responded to a request for comment. The former Comal workers say that they haven't heard back from his office, either.
"The rezoning will allow Focus Points to continue providing essential services like family support, early childhood education, and healthy food access, while also creating long-term stability and space for future growth," Kelty says. "This rezoning represents a meaningful opportunity to expand our impact and invest in the future of a community we’ve proudly served for more than thirty years."
Kelty says she doesn't believe that a rezoning hearing is the place to talk about labor concerns.
"It’s important to clarify that employment-related concerns are handled through separate processes and appropriate regulatory channels," she says. "The rezoning process is focused on land use decisions, and these two areas are distinct."
"The rezoning will allow Focus Points to continue providing essential services like family support, early childhood education, and healthy food access, while also creating long-term stability and space for future growth," Kelty says. "This rezoning represents a meaningful opportunity to expand our impact and invest in the future of a community we’ve proudly served for more than thirty years."
Kelty says she doesn't believe that a rezoning hearing is the place to talk about labor concerns.
"It’s important to clarify that employment-related concerns are handled through separate processes and appropriate regulatory channels," she says. "The rezoning process is focused on land use decisions, and these two areas are distinct."
