7 Colo. Code Regs. § 1103-15-1

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 7 CCR 1103-15-1 - Statement of Purpose, Authority, and Construction

1.1 The general purpose of these Agricultural Labor Conditions Rules is to exercise the authority of this Division to enforce and implement the Agricultural Labor Rights and Responsibilities Act, Colorado Senate Bill 21-087 ("ALRRA," enacted June 25, 2021), including but not limited to Part 2, "Labor Conditions for Agricultural Workers," of Article 13.5 of Colorado Revised Statutes ("C.R.S.") Title 8, and other existing Title 8 provisions and authority, including but not limited to C.R.S §§ 8-1-103(3), -107(2), -111; 8-2-206; 8-3-104; 8-6-101.5, -105, -106, -108, -117; and 8-13.5-201 to -204. The Rules are intended to be consistent with the Colorado Administrative Procedure Act, C.R.S. § 24-4-101, et seq.

1.2 Incorporations by Reference. Articles 1-4, 6, 13.3, 13.5, and 14.4 of C.R.S. Title 8 (2022) are hereby incorporated by reference. Earlier versions of such laws may apply to events that occurred in prior years. Such incorporation excludes later amendments to or editions of the statutes. These statutes are available for public inspection at the Colorado Department of Labor and Employment, Division of Labor Standards & Statistics, 633 17th Street, Denver CO 80202. Copies may be obtained from this Division at a reasonable charge, or can be accessed electronically from the website of the Colorado Secretary of State. Pursuant to C.R.S. § 24-4-103 (12.5)(b), the agency shall provide certified copies of the statutes incorporated at cost upon request or shall provide the requestor with information on how to obtain a certified copy of the material incorporated by reference from the agency originally issuing the statutes. All Division Rules are available to the public at www.ColoradoLaborLaw.gov. Where these Rules have provisions different from or contrary to any incorporated or referenced material, the provisions of these Rules govern so long as consistent with Colorado statutory and constitutional provisions.

1.3 Separability. These Rules are intended to remain in effect to the maximum extent possible. If any part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the remainder of the Rules remain valid, and (B) if the provision is held not wholly invalid, but merely in need of narrowing, the provision should be retained in narrowed form.

1.4 Other Requirements for Agricultural Labor. In addition to these rules on certain labor conditions for which the ALRRA requires rules from this Division:

(A) the ALRRA put into effect other agricultural labor requirements that do not require any rules;

(B) other ALRRA requirements are covered in other rules, such as the Colorado Overtime and Minimum Pay Standards ("COMPS") Order, 7 CCR 1103-1 (wage and hour matters); Labor Peace Act Rules and Industrial Relations Act Rules, 7 CCR 1101-1 (labor management relations); and Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving ("Colorado WARNING") Rules, 7 CCR 1103-11 (retaliation, interference, and notice); and

(C) other rules cover other labor requirements not specific to, but applicable to, agriculture. All Division rules are available as per Rule 1.2.

7 CCR 1103-15-1

45 CR 05, March 10, 2022, effective 5/1/2022