7 CCR 1103-8-2 - Definitions
2.1 "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).
Notes
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