amount due under this Section, the employer shall pay the undisputed portion of the amount due as provided for in Subsection A of this Section. The employee shall have the right to file an action to enforce such a wage claim and proceed pursuant to Code of Civil Procedure Article 2592. Although this action was filed as a summary proceeding, the trial was not held until a year later due to the parties seeking and obtaining continuances. 4 . Colorado's wage payment statute provides the following exclusion: "(3) Nothing in this article shall apply to compensation payments due an employee under a profit-sharing plan, a pension plan, or other similar deferred compensation programs.” Colo.Rev.Stat. Ann. § 8-4-103 5 . See Herremans v. Carrera Designs, Inc., 157 F.3d 1118, 1121 (7th Cir.1998)(<HOLDING>); see also Whitsell v. Bradshaw Ins. Group,
holding under indiana law that profits are not wages and neither is a fraction of profits wages and so a bonus that is based on the performance of a plant rather than on the time or determinable output of the employee is not wages either holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages holding that garnishment of wages is a deprivation holding that threequarter guarantee payments were not wages under arizona wage payment laws permitting treble damages for nonpayment under rationale that wages are restricted to compensation due an employee in return for work performed holding that the definition of average weekly wages and the range of alternatives set forth in the five methods of computing such wages as specified in the first two paragraphs of ncgs  9725 do not allow the inclusion of wages or income earned in employment or work other than that in which the employee was injured