reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-107 - Post notice of paydays

Every employer shall post and keep posted conspicuously at the place of work if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer a notice specifying the regular paydays and the time and place of payment, in accordance with the provisions of section
8-4-103
, and also any changes concerning them that may occur from time to time.
L. 2003: Entire article amended with relocations, p. 1856, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-108 - Payment in the event of strike

(1)
In the event of a strike, every employee who is discharged shall be paid at the place of discharge, and every employee who quits or resigns shall be paid at the office or agency of the employer in the county or city and county where such employee has been performing the labor or service for the employer. All payments of money or compensation shall be made in the manner provided by law.
(2)
In the event of any strike, the unpaid wages or compensation earned by such striking employee shall become due and payable on the employer's next regular payday, and the payment or settlement shall include all amounts due such striking employee without abatement or reduction. The employer shall return to each striking employee, upon request, any deposit or money or other guaranty required by the employer from the employee for the faithful performance of the duties of his or her employment.
L. 2003: Entire article amended with relocations, p. 1856, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-110 - Disputes - fees

(1)
(a)
The court may award the employer reasonable costs and attorney fees incurred in a civil action if, within fourteen days after a written demand letter is sent to or a civil action is served on the employer for unpaid wages or compensation:
(I)
The employer makes full legal tender of all amounts demanded in good faith for all employees; and
(II)
The employees receiving such tender ultimately fail to recover a total sum that is greater than the amount the employer tendered.
(b)
If, in an administrative claim or civil action in which the employee seeks to recover any amount of wages or compensation, the employee recovers a sum greater than the amount tendered by the employer:
(I)
The court, in a civil action, may award the employee reasonable costs and attorney fees incurred in the civil action; and
(II)
The division, in an administrative claim, may award the employee reasonable costs incurred in the administrative claim and may also award attorney fees to an employee who recovers more than five thousand dollars in unpaid wages in the administrative claim.
(c)
If an employer fails or refuses to make a tender within fourteen days after the demand or administrative claim or civil action, then such failure or refusal must be treated as a tender of no money for any purpose under this article 4.
(1.5)
This section shall not apply to a claimant who is found to be an independent contractor and not an employee.
(2)
Any person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any administrative remedies.
Amended by 2022 Ch. 370, § 8, eff. 1/1/2023.
L. 2003: Entire article amended with relocations, p. 1858, § 1, effective August 6. L. 2007: (1) amended and (1.5) added, p. 1678, § 3, effective May 31.
Subsection (2) is similar to former § 8-4-123 as it existed prior to 2003.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2007 act amending subsection (1) and enacting subsection (1.5), see section 1 of chapter 381, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-112 - Enforcement of director subpoenas

All courts shall take judicial notice of the seal of the director. Obedience to subpoenas issued by the director or his or her duly authorized representative shall be enforced by the courts in any county or city and county, as provided in section
24-4-105(5)
, C.R.S., if said subpoenas do not call for any appearance at a distance greater than one hundred miles.
L. 2003: Entire article amended with relocations, p. 1859, § 1, effective August 6.
This section is similar to former § 8-4-113 as it existed prior to 2003, and the former § 8-4-112 was relocated to §
8-4-111(2)
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-114 - Criminal penalties

(1)
Any employer who violates the provisions of section
8-4-103 (6)
commits:
(a)
A petty offense if the amount is less than three hundred dollars;
(b)
A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;
(c)
A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;
(d)
A class 6 felony if the amount is two thousand dollars or more but less than five thousand dollars;
(e)
A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;
(f)
A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;
(g)
A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and
(h)
A class 2 felony if the amount is one million dollars or more.
(2)
In addition to any other penalty imposed by this article 4, any employer or agent of an employer who willfully refuses to pay wages or compensation as provided in this article 4, or falsely denies the amount of a wage claim, or the validity thereof, or that the same is due, with intent to secure for himself, herself, or another person any discount upon such indebtedness or any underpayment of such indebtedness or with intent to annoy, harass, oppress, hinder, coerce, delay, or defraud the person to whom such indebtedness is due, commits theft as defined in section
18-4-401
.
Amended by 2021 Ch. 462, § 87, eff. 3/1/2022.
Amended by 2019 Ch. 182, § 3, eff. 1/1/2020.
L. 2003: Entire article amended with relocations, p. 1859, § 1, effective August 6. L. 2019: (2) amended, (HB 19-1267), ch. 2059, p. 2059, § 3, effective 1/1/2020.
(1) This section is similar to former §§ 8-4-116 and 8-4-117 as they existed prior to 2003, and the former § 8-4-114 was repealed.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
For the legislative declaration in HB 19-1267, see section 1 of chapter 182, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-115 - Certificate of registration required

No person shall engage in activities as a field labor contractor unless the person first obtains a certificate of registration from the division and unless such certificate is in full force and effect and in such person's immediate possession.
L. 2003: Entire article amended with relocations, p. 1860, § 1, effective August 6.
This section is similar to former § 8-4-118 as it existed prior to 2003, and the former § 8-4-115 was relocated to §
8-4-103(6)
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-116 - Issuance of certificate of registration

(1)
The director, after appropriate investigation, shall issue a certificate of registration to any person who:
(a)
Has executed and filed with the director a written application subscribed and sworn to by the applicant containing such information concerning his or her conduct and method of operation as a field labor contractor as the director may require in order to effectively carry out the provisions of this article;
(b)
Has consented to designation of the director as the agent available to accept service of process for any action against such field labor contractor at any and all times when such field labor contractor has departed from the jurisdiction of this state or has become unavailable to accept service;
(c)
Has demonstrated evidence to the director that he or she has satisfied the insurance requirements of articles
40
to 47 of this title.
(2)
Upon notice and hearing in accordance with rules prescribed by the director, the director may refuse to issue and may suspend, revoke, or refuse to renew a certificate of registration of any field labor contractor if the director finds that such field labor contractor:
(a)
Knowingly has made any misrepresentation or false statement in his or her application for a certificate of registration or any renewal thereof;
(b)
Knowingly has given false or misleading information to any migratory laborer concerning the terms, conditions, or existence of agricultural employment;
(c)
Has failed, without justification, to perform agreements entered into or to comply with arrangements made with farm operators;
(d)
Has failed, without justification, to comply with the terms of any working arrangements he or she has made with migratory laborers;
(e)
Has permitted his or her insurance maintained pursuant to the requirements of paragraph (c) of subsection (1) of this section to terminate, lapse, or otherwise become inoperative;
(f)
Is not in fact the real party in interest in any such application or certificate of registration and that the real party in interest is a person, firm, partnership, association, or corporation which previously has been denied a certificate of registration; has had a certificate of registration suspended or revoked; or which does not presently qualify for a certificate of registration.
L. 2003: Entire article amended with relocations, p. 1860, § 1, effective August 6.
(1) This section is similar to former § 8-4-119 as it existed prior to 2003, and the former § 8-4-116 was relocated to §
8-4-114(1)
.
(2) Articles 40 to
47
of this title 8, referenced in subsection (1)(c), are the provisions of the "Workers' Compensation Act of Colorado".
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-117 - Additional obligations

(1)
Every field labor contractor shall:
(a)
Carry a certificate of registration at all times while engaging in activities as a field labor contractor and exhibit the same to all persons with whom he or she intends to deal in the capacity of a field labor contractor;
(b)
Ascertain and disclose in writing to each migratory laborer, in a language in which the migratory laborer is fluent at the time the migratory laborer is recruited, the following information:
(I)
The area of employment;
(II)
The crops and operations on which the migratory laborer may be employed;
(III)
Transportation, housing, and insurance to be provided to the migratory laborer;
(IV)
The wage rate to be paid;
(V)
The charges by the field labor contractor for his or her services; and
(VI)
The existence of any strikes at the place of contracted employment;
(c)
Promptly pay or deliver, when due to the migratory laborer entitled thereto, all moneys or other things of value entrusted to the field labor contractor by or on behalf of such migratory laborer.
L. 2003: Entire article amended with relocations, p. 1861, § 1, effective August 6.
This section is similar to former § 8-4-120 as it existed prior to 2003, and the former § 8-4-117 was relocated to §
8-4-114(2)
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-118 - Authority to obtain information

The director or the director's designated representative may investigate and gather data pertinent to matters that may aid in carrying out the provisions of this article. In any case where a complaint has been filed with the director or the director's designated representative regarding a violation of this article, or where the director has reasonable grounds to believe that a field labor contractor has violated provisions of this article, the director or the director's designated representative may investigate and issue subpoenas as provided by section
8-4-112
requiring the attendance and testimony of any witness or the production of any evidence in connection with such investigation.
L. 2003: Entire article amended with relocations, p. 1861, § 1, effective August 6.
This section is similar to former § 8-4-121 as it existed prior to 2003, and the former § 8-4-118 was relocated to §
8-4-115
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-119 - Penalty provisions

(1)
Any field labor contractor who commits a violation of any provision of this article or implementing regulation shall be subject to a civil penalty of not more than two hundred fifty dollars for each violation. The penalty shall be assessed by the director pursuant to a published schedule of penalties and after written notice and after an opportunity for hearing under procedures established by the director. This provision as to civil penalties shall not exclude the possibility of criminal penalties as set forth in this article.
(2)
The director, in the director's discretion, may grant a reasonable period of time, but in no event longer than ten days after the day of notification, for correction of the violation. In the event the violation is corrected within that period, no penalty shall be imposed.
L. 2003: Entire article amended with relocations, p. 1861, § 1, effective August 6.
This section is similar to former § 8-4-122 as it existed prior to 2003, and the former § 8-4-119 was relocated to §
8-4-116
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-120 - [Effective Until 1/1/2025] Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies

(1)
An employer shall not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against any employee who has:
(a)
Filed any complaint or instituted or caused to be instituted any proceeding under this article 4 or any other law or rule related to wages or hours; or
(b)
Testified or provided other evidence, or may testify or provide other evidence, in any proceeding on behalf of the employee or another person regarding afforded protections under this article 4 or under any other law or rule related to wages or hours.
(2)
An employer who violates this section commits a class 2 misdemeanor.
(3)
(a)
An employee who alleges a violation of subsection (1) of this section may file a civil action in a court of competent jurisdiction against the employer alleged to have violated this section to seek legal and equitable relief as appropriate to remedy the violation, including:
(I)
Back pay;
(II)
Reinstatement of employment or, if reinstatement is not feasible, front pay;
(III)
The payment of wages unlawfully withheld;
(IV)
Interest on unpaid wages at a rate of twelve percent per annum from the date the wages were first due;
(V)
The payment of a penalty of fifty dollars per day for each employee whose rights under this section were violated and for each day that the violation occurred or continued;
(VI)
Liquidated damages in an amount equal to the greater of two times the amount of the unpaid wages or two thousand dollars; and
(VII)
Injunctive relief.
(b)
If the employee prevails in a civil action brought pursuant to this subsection (3), the court shall award the employee reasonable attorney fees and costs.
(4)
The division may investigate and enforce discrimination or retaliation prohibited by this article 4 or article
6
of this title 8 and, after investigation, may order the relief specified in subsection (3)(a) of this section.
Amended by 2022 Ch. 370, § 11, eff. 8/10/2022.
Amended by 2021 Ch. 462, § 88, eff. 3/1/2022.
L. 2003: Entire article amended with relocations, p. 1862, § 1, effective August 6.
(1) This section is similar to former § 8-4-124 as it existed prior to 2003, and the former § 8-4-120 was relocated to §
8-4-117
.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-120 - [Effective 1/1/2025] Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies

(1)
An employer shall not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against any employee who has:
(a)
Filed any complaint or instituted or caused to be instituted any proceeding under this article 4 or any other law or rule related to wages, hours, or employment of minors; or
(b)
Testified or provided other evidence, or may testify or provide other evidence, in any proceeding on behalf of the employee or another person regarding afforded protections under this article 4 or under any other law or rule related to wages or hours.
(2)
An employer who violates this section commits a class 2 misdemeanor.
(3)
(a)
An employee who alleges a violation of subsection (1) of this section may file a civil action in a court of competent jurisdiction against the employer alleged to have violated this section to seek legal and equitable relief as appropriate to remedy the violation, including:
(I)
Back pay;
(II)
Reinstatement of employment or, if reinstatement is not feasible, front pay;
(III)
The payment of wages unlawfully withheld;
(IV)
Interest on unpaid wages at a rate of twelve percent per annum from the date the wages were first due;
(V)
The payment of a penalty of fifty dollars per day for each employee whose rights under this section were violated and for each day that the violation occurred or continued;
(VI)
Liquidated damages in an amount equal to the greater of two times the amount of the unpaid wages or two thousand dollars; and
(VII)
Injunctive relief.
(b)
If the employee prevails in a civil action brought pursuant to this subsection (3), the court shall award the employee reasonable attorney fees and costs.
(4)
The division may investigate and enforce discrimination or retaliation prohibited by this article 4 or article
6
of this title 8 and, after investigation, may order the relief specified in subsection (3)(a) of this section.
Amended by 2024 Ch. 378,§ 5, eff. 1/1/2025, app. to conduct occurring on or after 1/1/2025.
Amended by 2022 Ch. 370, § 11, eff. 8/10/2022.
Amended by 2021 Ch. 462, § 88, eff. 3/1/2022.
L. 2003: Entire article amended with relocations, p. 1862, § 1, effective August 6.
(1) This section is similar to former § 8-4-124 as it existed prior to 2003, and the former § 8-4-120 was relocated to §
8-4-117
.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-121 - Nonwaiver of employee rights

Any agreement, written or oral, by any employee purporting to waive or to modify such employee's rights in violation of this article shall be void.
L. 2003: Entire article amended with relocations, p. 1862, § 1, effective August 6.
This section is similar to former § 8-4-125 as it existed prior to 2003, and the former § 8-4-121 was relocated to §
8-4-118
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-122 - Limitation of actions

All actions brought pursuant to this article shall be commenced within two years after the cause of action accrues and not after that time; except that all actions brought for a willful violation of this article shall be commenced within three years after the cause of action accrues and not after that time.
L. 2003: Entire article amended with relocations, p. 1862, § 1, effective August 6.
This section is similar to former § 8-4-126 as it existed prior to 2003, and the former § 8-4-122 was relocated to §
8-4-119
.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 4 - WAGES (§§ 8-4-101 — 8-4-126) › Section 8-4-124 - Third-party food delivery services - prohibitions - penalties - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Retail food establishment" means a retail food establishment, as defined in section
25-4-1602(14)
, that pays an annual license fee as required by section
25-4-1607(1)(a)
, (1.5)(a)(I), or (1.5)(b)(I). "Retail food establishment" does not include grocery stores or convenience stores.
(b)
"Third-party delivery service platform" means a third-party food delivery service's online or mobile platform on which a consumer can view and order available products.
(c)
"Third-party food delivery service" means any company or website, mobile application, or other internet service that offers or arranges for the sale and same-day delivery or same-day pickup of prepared food or beverages from a retail food establishment.
(2)
A third-party food delivery service shall not take and arrange for the delivery or pickup of an order from a retail food establishment without the retail food establishment's consent.
(3)
A retail food establishment included on a third-party delivery service platform in violation of subsection (2) of this section may bring an action in a court of competent jurisdiction for damages, a civil penalty not to exceed one thousand dollars per violation, and injunctive relief. The prevailing party in an action brought pursuant to this subsection (3) is entitled to reasonable attorney fees.
Added by 2021 Ch. 208,§ 1, eff. 9/7/2021.
2021 Ch. 208, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 1 - WAGE EQUALITY REGARDLESS OF SEX (§§ 8-5-101 — 8-5-106) › Section 8-5-103 - Enforcement - rules - complaints

(1)
(a)
The director shall:
(I)
Create and administer a process to accept complaints and provide legal resources concerning alleged violations of section
8-5-102
and shall promulgate rules as necessary for this purpose;
(II)
On or before July 1, 2024, create and administer a process to mediate complaints regarding alleged violations of section
8-5-102
and promulgate rules as necessary for this purpose;
(III)
Investigate complaints or other leads concerning employer violations of section 8-5-102, except if the complaint concerns the state of Colorado as the employer, that, in the director's good faith discretion and judgment, warrant investigation;
(IV)
Upon finding of a violation of section 8-5-102, order compliance and relief as authorized by this part 1; and
(V)
Promulgate rules to enforce this article 5.
(b)
For the purpose of investigating a violation of this part 1, the director may apply the information-gathering provisions of article 1 of this title 8 to an employer, employee, or other person.
(c)
The process created and administered by the director, including the rules for the investigation of alleged complaints for violations of section 8-5-102 and any fines levied or corrective action taken by the director, does not affect or prevent the right of an aggrieved person from commencing a civil action pursuant to subsection (2) of this section.
(2)
A person aggrieved by a violation of section
8-5-102
may commence a civil action in district court no later than two years after the violation occurs. A violation of section
8-5-102(1)
occurs on each occasion that a person is affected by wage discrimination, including each occasion that a discriminatory wage rate is paid.
(3)
A person aggrieved by a violation of section 8-5-102 may obtain relief for back pay for the entire time the violation continues, not to exceed six years.
(4)
If a civil action is commenced under this section, any party to the civil action may demand a trial by jury.
(5)
Nothing in this section prevents an aggrieved person from filing a charge with the Colorado civil rights division pursuant to section
24-34-306
.
Amended by 2023 Ch. 347,§ 2, eff. 1/1/2024.
Amended by 2019 Ch. 247, § 5, eff. 1/1/2021.
L. 55: p. 504, § 3. CRS 53: § 80-23-3. C.R.S. 1963: § 80-3-3. L. 69: p. 593, § 69. L. 86: Entire section amended, p. 472, § 31, effective July 1.
Section 9(2) of chapter 247 (SB 19-085), Session Laws of Colorado 2019, provides that the act changing this section applies to violations that occur on or after January 1, 2021.
2023 Ch. 347, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 1 - WAGE EQUALITY REGARDLESS OF SEX (§§ 8-5-101 — 8-5-106) › Section 8-5-104 - Employer liability - awards

(1)
(a)
An employer who violates section
8-5-102 (1)
is liable for economic damages in an amount equal to the difference between the amount that the employer paid to the complaining employee and the amount that the employee would have received had there been no violation plus liquidated damages in an amount equal to the employee's economic damages, except as provided in subsection (1)(b) of this section.
(b)
(I)
If the employer demonstrates that the act or omission giving rise to the violation was in good faith and that the employer has reasonable grounds for believing that the employer did not violate section
8-5-102 (1)
, the court shall not award liquidated damages.
(II)
In determining whether the employer's violation was in good faith, the fact finder may consider evidence that within two years prior to the date of the commencement of a civil action pursuant to section
8-5-103
, the employer completed a thorough and comprehensive pay audit of its workforce, with the specific goal of identifying and remedying unlawful pay disparities.
(2)
An employer who violates any provision of section
8-5-102
is liable for:
(a)
Legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wage rates, and liquidated damages; and
(b)
The employee's reasonable costs, including attorney fees.
(3)
Nothing in this section precludes an employee from asserting any other available statutory or common-law claims.
Amended by 2019 Ch. 247, § 6, eff. 1/1/2021.
L. 55: p. 504, § 4. CRS 53: § 80-23-4. C.R.S. 1963: § 80-3-4. L. 69: p. 594, § 70. L. 2019: Entire section amended, (SB 19-085), ch. 2415, p. 2415, § 6, effective 1/1/2021.
Section 9(2) of chapter 247 (SB 19-085), Session Laws of Colorado 2019, provides that the act changing this section applies to violations that occur on or after January 1, 2021.
For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 1 - WAGE EQUALITY REGARDLESS OF SEX (§§ 8-5-101 — 8-5-106) › Section 8-5-105 - [Repealed]

Repealed by 2019 Ch. 247,§7, eff. 1/1/2021.
L. 55: p. 504, § 5. CRS 53: § 80-23-5. C.R.S. 1963: § 80-3-5. L. 69: p. 594, § 71. L. 2019: (2) added by revision, (SB 19-085), ch. 247, pp. 2415, 2417, §§ 7, 9.
Subsection (2) provided for the repeal of this section, effective January 1, 2021. (See L. 2019, pp. 2415, 2417.)
For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 1 - WAGE EQUALITY REGARDLESS OF SEX (§§ 8-5-101 — 8-5-106) › Section 8-5-106 - [Repealed]

L. 2010: Entire section added, (HB 10-1417), ch. 266, p. 1217, §1, effective May 25.
Subsection (6) provided for the repeal of this section, effective July 1, 2015. (See L. 2010, p. 1217.)
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 2 - TRANSPARENCY IN PAY AND OPPORTUNITIES FOR PROMOTION AND ADVANCEMENT (§§ 8-5-201 — 8-5-203) › Section 8-5-201 - Employment opportunities - job opportunities or advancement - pay rates in job listings - rules

(1)
An employer shall make reasonable efforts to announce, post, or otherwise make known each job opportunity to all employees on the same calendar day and prior to the date on which the employer makes a selection decision; except that, if an employer is only physically located outside of Colorado and has fewer than fifteen employees working in Colorado, all of whom work only remotely, then, through July 1, 2029, the employer is only required to provide notice of remote job opportunities. The department of labor and employment shall promulgate rules for temporary, interim, or acting job opportunities that necessitate immediate hire.
(2)
An employer must in good faith disclose the following in the notification of each job opportunity:
(a)
The hourly or salary compensation or the range of the hourly or salary compensation;
(b)
a general description of the benefits and other compensation applicable to the job opportunity; and
(c)
The date the application window is anticipated to close.
(3)
An employer shall make reasonable efforts to announce, post, or otherwise make known, within thirty calendar days after a candidate who is selected to fill a job opportunity begins working in the position, the following information to, at a minimum, the employees with whom the employer intends the selected candidate to work with regularly:
(a)
The name of the candidate selected for the job opportunity;
(b)
The selected candidate's former job title if selected while already employed by the employer;
(c)
The selected candidate's new job title; and
(d)
Information on how employees may demonstrate interest in similar job opportunities in the future, including identifying individuals or departments to whom the employees can express interest in similar job opportunities.
(4)
For positions with career progression, an employer shall disclose and make available to all eligible employees the requirements for career progression, in addition to each position's terms of compensation, benefits, full-time or part-time status, duties, and access to further advancement.
(5)
Nothing in this section requires an employer to identify a selected candidate for a job opportunity in any manner that violates the candidate's privacy rights under applicable local, state, or federal law or in a manner that would place at risk the selected candidate's health or safety.
Amended by 2023 Ch. 347,§ 3, eff. 1/1/2024.
Added by 2019 Ch. 247, § 8, eff. 1/1/2021.
L. 2019: Entire part added, (SB 19-085), ch. 2416, p. 2416, § 8, effective 1/1/2021.
2023 Ch. 347, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 2 - TRANSPARENCY IN PAY AND OPPORTUNITIES FOR PROMOTION AND ADVANCEMENT (§§ 8-5-201 — 8-5-203) › Section 8-5-202 - Record keeping

An employer shall keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of employment in order to determine if there is a pattern of wage discrepancy.
Added by 2019 Ch. 247, § 8, eff. 1/1/2021.
L. 2019: Entire part added, (SB 19-085), ch. 2416, p. 2416, § 8, effective 1/1/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 5 - WAGE EQUALITY (§§ 8-5-101 — 8-5-203) › Part 2 - TRANSPARENCY IN PAY AND OPPORTUNITIES FOR PROMOTION AND ADVANCEMENT (§§ 8-5-201 — 8-5-203) › Section 8-5-203 - Enforcement - rules

(1)
The director has the power to administer, carry out, and enforce all of the provisions of this part 2 and may promulgate rules for that purpose. The director shall provide written copies of rules promulgated pursuant to this section to all employees and employers upon written request.
(2)
(a)
A person who claims to be aggrieved by a violation of section
8-5-201
or
8-5-202
may file a written complaint with the director within one year after the date that the person learned of the violation. The written complaint must state the name and address of the employer and a detailed account of the alleged violation.
(b)
An employer's failure to comply with section
8-5-201 (1)
for one promotional opportunity is considered one violation.
(c)
An employer's failure to comply with section
8-5-201 (2)
for one job opening is considered one violation regardless of the number of postings that list the job opening.
(3)
The director shall investigate complaints of violations of this part 2 and shall promulgate rules necessary to govern the investigations.
(4)
Upon finding that an employer has violated this part 2, the director may order the employer to pay a fine of no less than five hundred dollars and no more than ten thousand dollars per violation.
(5)
If an employee bringing suit for a violation of section
8-5-102
demonstrates a violation of this part 2, and the court finds a violation of this part 2, the court may order appropriate relief, including a rebuttable presumption that records not kept by the employer in violation of section
8-5-202
contained information favorable to the employee's claim and an instruction to the jury that failure to keep records can be considered evidence that the violation was not made in good faith.
Added by 2019 Ch. 247, § 8, eff. 1/1/2021.
L. 2019: Entire part added, (SB 19-085), ch. 2416, p. 2416, § 8, effective 1/1/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-101.5 - Minimum wage for agricultural workers - rest periods - overwork protections - definition

(1)
(a)
On and after January 1, 2022, except as provided in subsection (1)(b) of this section, the minimum wage requirements of section 15 of article XVIII of the state constitution, and any minimum wage laws enacted pursuant to this article 6, apply to agricultural employers employing agricultural workers.
(b)
The Colorado minimum wage that an agricultural employer must pay to an agricultural worker who is principally engaged in the range production of livestock, as described in
29 CFR 780.323
to
29 CFR 780.329
, on the open range is:
(I)
Beginning January 1, 2022, and through December 31, 2022, five hundred fifteen dollars per week; and
(II)
Beginning January 1, 2023, the minimum wage required in the prior calendar year adjusted annually as measured by the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood or its predecessor or successor index. The director may set a higher minimum wage than is required in this subsection (1)(b)(II) consistent with the director's authority and duties, including under this article 6.
(2)
(a)
An agricultural worker is entitled to an uninterrupted and duty-free meal period of at least a thirty-minute duration when the agricultural worker's shift exceeds five consecutive hours. The meal periods, to the extent practicable, must be at least one hour after the start, and one hour before the end, of the shift. An agricultural worker must be relieved of all duties and permitted to pursue personal activities for a period to qualify as nonwork, uncompensated time. If the nature of the business activities or other circumstances makes the uninterrupted meal period impractical, the agricultural employee must be permitted to consume an on-duty meal while performing duties. An agricultural employee must be permitted to fully consume a meal of choice while working and be fully compensated for the on-duty meal period without any loss of time or compensation.
(b)
An agricultural worker is entitled to an uninterrupted and duty-free rest period of at least ten minutes within each four hours of work.
(c)
This subsection (2) does not apply to a truck driver whose sole and principal duty is to haul livestock or to a combine or harvester operator while harvesting.
(3)
As used in this section, "agricultural worker" has the meaning set forth in section
8-13.5-201 (3)
.
Added by 2021 Ch. 337, § 3, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-102 - Construction

Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed by such court.
L. 17: p. 389, § 22. C.L. § 4282. CSA: C. 97, § 256. CRS 53: § 80-9-20. C.R.S. 1963: § 80-7-20.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-103 - Definitions

As used in this article, unless the context otherwise requires:
(1) and (2)
Repealed.
(3)
"Director" means the director of the division of labor standards and statistics.
(4)
"Division" means the division of labor standards and statistics in the department of labor and employment.
(5)
"Minor" means any person of either sex under the age of eighteen years.
(6)
"Occupation" means every vocation, trade, pursuit, and industry.
(7)
Repealed.
Amended by 2016 Ch. 131,§ 12, eff. 8/10/2016.
L. 17: pp. 380, 382, §§ 2, 5, 7. C.L. §§ 4263, 4266, 4268. CSA: C. 97, §§ 237, 240, 242. CRS 53: §§ 80-9-2, 80-9-4, 80-9-6. C.R.S. 1963: §§ 80-7-2, 80-7-4, 80-7-6. L. 69: pp. 604, 605, §§ 86, 87, 89. L. 77: (7) repealed, p. 432, § 13, effective July 1. L. 86: (1) and (2) repealed, p. 502, § 125, effective July 1. L. 2016: (3) and (4) amended, (HB 16-1323), ch. 131, p. 378, § 12, effective August 10.
For the division of labor and the director of the division of labor and their powers and duties, see article 1 of this title.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-104 - Wages shall be adequate - conditions healthful and moral

It is unlawful to employ workers in any occupation within the state of Colorado for wages which are inadequate to supply the necessary cost of living and to maintain the health of the workers so employed. It is unlawful to employ workers in any occupation within this state under conditions of labor detrimental to their health or morals.
L. 17: p. 381, § 4. C.L. § 4265. CSA: C. 97, § 239. CRS 53: § 80-9-3. C.R.S. 1963: § 80-7-3. L. 77: Entire section amended, p. 428, § 3, effective July 1.
For the payment of wages generally, see article 4 of this title 8; for wage equality, see article 5 of this title 8; for the "Colorado Youth Employment Opportunity Act of 1971", see article 12 of this title 8; for the eight-hour workday requirement, see article 13 of this title 8; for the general protection of building employees, see article 14 of this title 8.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-105 - Director to investigate

It is the duty of the director to inquire into the wages paid to employees and into the conditions of labor surrounding said employees in any occupation in this state if the director has reason to believe that said conditions of labor are detrimental to the health or morals of said employees or that the wages paid to a substantial number of employees are inadequate to supply the necessary cost of living and to maintain such employees in health. At the request of not less than twenty-five persons engaged in any occupation, the director shall forthwith make such investigation as is provided in this article. Such investigation may be made at any time, upon the initiative of the director.
L. 17: p. 381, § 5. C.L. § 4266. CSA: C. 97, § 240. CRS 53: § 80-9-4. C.R.S. 1963: § 80-7-4. L. 69: p. 604, § 87. L. 77: Entire section amended, p. 429, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-106 - Determination of minimum wage and conditions

The director shall determine the minimum wages sufficient for living wages for persons of ordinary ability, including minimum wages sufficient for living wages, whether paid according to time rate or piece rate; the minimum wages sufficient for living wages for learners and apprentices; standards of conditions of labor and hours of employment not detrimental to health or morals for workers; and what are unreasonably long hours. In all such determinations, the director shall be bound by the provisions of this article and of section 15 of article XVIII of the state constitution; except that, if a higher minimum wage rate is established by applicable federal law or rules, the director shall be bound by such federal law or rules.
L. 17: p. 382, § 6. C.L. § 4267. CSA: C. 97, § 241. CRS 53: § 80-9-5. C.R.S. 1963: § 80-7-5. L. 69: p. 604, § 88. L. 77: Entire section amended, p. 429, § 5, effective July 1. L. 2007: Entire section amended, p. 46, § 1, effective March 14.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WAGES (§§ 8-4-101 — 8-10-103) › Article 6 - MINIMUM WAGES OF WORKERS (§§ 8-6-101 — 8-6-120) › Section 8-6-107 - Powers of director - duty of employer

(1)
The director, for the purposes of this article, has power to investigate and ascertain the conditions of labor and the wages in the different occupations, whether paid by time rate or piece rate, in the state of Colorado. The director has power, in person or through any authorized representative, to inspect and examine and make excerpts from any books, reports, contracts, payrolls, documents, papers, and other records of any employer that in any way pertain to the question of wages and to require from any such employer full and true statements of the wages paid.
(2)
Every employer shall keep a register of the names, ages, dates of employment, and residence addresses of all employees. It is the duty of every such employer, whether a person, firm, or corporation, to furnish to the director, upon request, any reports or information which the director may require to carry out the purposes of this article, such reports and information to be verified by the oath of the person, or a member of the firm or the president, secretary, or manager of the corporation, furnishing the same if and when so requested by the director; and the director or any authorized representative shall be allowed free access to the place of business of such employer for the purpose of making any investigation authorized by this article.
L. 17: p. 382, § 7. C.L. § 4268. CSA: C. 97, § 242. CRS 53: § 80-9-6. C.R.S. 1963: § 80-7-6. L. 69: p. 605, § 89. L. 77: Entire section amended, p. 429, § 6, effective July 1.