7 Colo. Code Regs. § 1103-8-2
Current through Register Vol. 47, No. 24, December 25, 2024
Rule 7 CCR 1103-8-2 - Definitions2.1 "Division" means the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment; "Director" means the Director of the Division.2.2 "Employee" has the meaning provided by C.R.S. § 8-4-101(5), except as follows, or as otherwise required by statute: (A) under the Equal Pay for Equal Work Act, C.R.S. § 8-5-101 et seq., "employee" has the meaning provided by C.R.S. § 8-5-101(4);(B) under the Healthy Families and Workplaces Act, "employee" has the meaning provided by C.R.S. § 8-13.3-402(4); (B) under the Public Health Emergencies Whistleblower Act, C.R.S. § 8-14.4-101, et seq. "employee" and "worker" have the meaning provided by C.R.S. § 8-14.4-101(5), and where that Act applies, provisions of these Rules applicable to an "employee" shall apply equally to a non-employee "worker"; and (D) under the Agricultural Labor Rights and Responsibilities Act, as codified in relevant part at C.R.S. §§ 8-6-101.5, 8-6-120, and 8-13.5-201 et seq., "employee" has the meaning provided by C.R.S. §§ 8-13.5-201 and 8-2-206(1)(b), as applicable. 2.3 "Employer" has the meaning provided by C.R.S. § 8-4-101(6), except as follows, or as otherwise required by statute: (A) under the Healthy Families and Workplaces Act, C.R.S. § 8-13.3-401 et seq., "employer" has the meaning provided by C.R.S. § 8-13.3-402(4);(B) under the Chance to Compete Act, C.R.S. § 8-2-130 et seq., "employer" has the meaning provided by C.R.S. § 8-2-130(2)(c); (C) under the Colorado Public Health Emergencies Whistleblower Act, C.R.S. § 8-14.4-101, et seq., "employer" and "principal" have the meaning provided by C.R.S. § 8-14.4-101(3), and where that Act applies, provisions of these Rules applicable to an "employer" shall apply equally to a non-employer "principal";(D) under the Equal Pay for Equal Work Act, C.R.S. § 8-5-101 et seq., "employer" has the meaning provided by C.R.S. § 8-5-101(5); and (E) under the Agricultural Labor Rights and Responsibilities Act, as codified in relevant part at C.R.S. §§ 8-6-101.5, 8-6-120, and 8-13.5-201 et seq., "employer" has the meaning provided by C.R.S. § 8-3-104(1).2.4 A "correct address" for a party, including but not limited to as used in C.R.S. § 8-4-101(15) and these or other applicable Division rules, can include, but is not limited to (unless defined otherwise by statute, rule, or order): a physical or email address the party used, or provided to the Division, in the investigation (unless the party notifies the Division to use an alternate valid address instead); the party's email address; the address on file with the Colorado Secretary of State for the party or their registered agent; or an address actually used, or publicly posted as a current address for mail or deliveries, by the party.2.5 "Fine" means any monetary amount assessed against an employer and payable to the Division.2.6 "Notice of Investigation" means a notice to an employer that identifies potential violations under investigation and includes initial demands for documentation and records.2.7 "Notice of Investigation Termination" means a notice to an employer that no further action is contemplated by Direct Investigations regarding the potential violations described in the Notice of Investigation.2.8 "Place of employment" is defined at C.R.S. § 8-1-101(12).2.9 "Labor Standards law" is defined as laws within, and rules promulgated pursuant to, C.R.S., Title 8, Articles 1, 2, 4-6, 12, 13.3, 13.5, and 14.4, and includes Colo. Const. art. XVIII, § 15; 7 CCR 1103-1, 1103-4, 1103-5, 1103-7, 1103-9, 1103-11; and any other Rules promulgated pursuant to the Division's authority in the foregoing statutes.2.10 "Witness" means any person or entity ordered to provide, or volunteering to provide, documents, information, or other evidence in a direct investigation.2.11 A "written demand," including as used in C.R.S. § 8-4-101(15), can be sent to the employer by electronic means, including but not limited to email and text message. Wages must be owed at the time of sending for the written demand to be considered valid. The penalty provisions in C.R.S. § 8-4-109(3)(b) effective on January 1, 2023, shall apply if the 14-day deadline for payment after the sending of a written demand without penalties passes on or after January 1, 2023, unless a prior written demand was sent more than 14 days before January 1, 2023. Notwithstanding the foregoing, when a Division Notice of Investigation, Citation, Notice of Assessment, or other Division-issued document satisfying the requirements of a written demand, is sent where the 14-day deadline for payment is on or after January 1, 2023, the passing of that deadline triggers those penalty provisions, regardless of whether a prior written demand was sent before the Division's. A Citation and Notice of Assessment will constitute a written demand for the payment of any wages described therein, in accordance with C.R.S. § 8-4-101(15), and will be treated as such pursuant to C.R.S. § 8-4-109(3).42 CR 02, January 25, 2019, effective 2/14/201943 CR 12, June 25, 2020, effective 7/15/202043 CR 23, December 10, 2020, effective 1/1/202147 CR 05, March 10, 2024, effective 4/1/2024