7 Colo. Code Regs. § 1103-15-2

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

Rule 7 CCR 1103-15-2 - Definitions Applicable to These Rules

2.1 "Division" is the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment.

2.2 "Employee" is as defined by C.R.S. § 8-6-101.5(3): "agricultural employee" or "agricultural worker" has the "same meaning as under C.R.S. § 8-13.5-201(3)" ("A worker engaged in any service or activity included in section 203(f) of the federal 'Fair Labor Standards Act of 1938', ... as amended ... or section 3121(g) of the federal 'Internal Revenue Code of 1986', as amended"). As to rights and remedies under C.R.S. § 8-2-206, "agricultural worker" means "a person employed by an agricultural employer." Unless otherwise noted, references to "employees" in these rules mean "agricultural employees."

2.3 "Employer" is as defined by C.R.S. § 8-2-206(1)(c): "agricultural employer" has the "same meaning provided in C.R.S. § 8-3-104(1)" ("a person that is engaged in any service or activity included in section 203(f) of the federal 'Fair Labor Standards Act of 1938', ... as amended," or engaged in "agricultural labor, as defined in section 3121 of the federal 'Internal Revenue Code of 1986'," that either (1) contracts with any person who recruits, solicits, hires, employees, furnishes, or transports agricultural employees, or (2) regularly engages the services of one or more agricultural employees). Unless otherwise noted, references to "employers" in these rules mean "agricultural employers."

2.4 "Locality" includes a county, city, town, village, other municipality, unincorporated local area, or other government unit or subdivision smaller than the state of Colorado.

2.5 "Meal period" and "rest period" are defined by and apply as stated in COMPS Order Rules 5.1 -5.2 unless otherwise provided in these Rules, and are synonymous with "meal break" or "rest break," respectively.

2.6 "Potable water" means drinkable water safe for human consumption, and in compliance with Colorado Primary Drinking Water Regulations, 5 CCR 1002-11, if provided from a supply system subject to those rules.

2.7 "Provide" (or in any other form such as "provides," "provided," or "providing") means the item, service, or permission must be given at no cost, with no additional conditions, and with no deductions from compensation, except that references to "employer-provided" housing are not limited to housing provided at no cost.

2.8 "Range worker" is as defined by C.R.S. § 8-6-101.5(1)(b) and, as used to define agricultural employees to whom different rights and responsibilities within these rules apply, means an agricultural employee who is paid at least the minimum salary for range workers (as specified in the Publication And Yearly Calculation of Adjusted Labor Compensation ("PAY CALC") Order, 7 CCR 1103-14, for the applicable year) during periods when they are "principally engaged in the range production of livestock ... on the open range" (as defined by C.R.S. § 8-6-101.5(b)), and who is provided without cost or deduction any housing, food, transport, and equipment required for H-2A visa range workers by federal regulations.

2.9 Temperatures in or applicable to these rules are all on the Fahrenheit temperature scale.

2.10 "Workday" and "workweek" have the same meanings as COMPS Order, Rules 1.12-1.13.

7 CCR 1103-15-2

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