Proposed rule
| Notice Filed with SOS |
09/29/2021 |
| Rule |
ProposedRuleAttach2021-00614.docx |
| Additional Information |
AddInfoAttach2021-00614.pdf |
| Statutory Authority |
Articles 1, 2, 4, 6, 13.3, and 13.5 of Title 8, C.R.S. (2021), and all rules, regulations, investigations, and other proceedings of any kind thereunder, by the Administrative Procedure Act, C.R.S. § 24-4-103, and provisions of Articles 1, 2, 4, 6, 13.3, and 13.5, including §§ 8-1-101, 103, 107, 108, 111, 130; § 8-4-111; §§ 8-6-102, 104, 105, 106, 108, 109, 111, 116, 117, 120; § 8-12-115; §§ 8-13.3-401, 403-405, 407-411, 416; and § 8-13.5-202, 203, 204. |
| Description of Subjects/Issues |
These rules amend the Wage Protection Act Rules, 7 CCR 1103-7, which implement the Colorado Wage Act (“CWA,” as amended by the Wage Protection Act (“WPA”), C.R.S. § 8-4-101 et seq.), Healthy Families and Workplaces Act (“HFWA,” C.R.S. § 8-13.3-401 et seq.), and Agricultural Labor Rights and Responsibilities Act (codified in relevant part at C.R.S. §§ 8-6-101.5, 8-6-120, 8-13.5-201 et seq.), as follows (in addition to certain non-substantive edits):
(A) defining “vacation pay,” following a court ruling that vacation pay is non-forfeitable;
(B) clarifying the pay rates and hours for HFWA leave for employees with certain irregular pay or
hours;
(C) confirming the acceptability of electronic signatures at the Division;
(D) clarifying employers’ HFWA record-keeping requirements; and
(E) clarifying the HFWA exemption for when a CBA provides equivalent or more generous leave. |
| Purpose/Objective of Rule |
These rules update the Wage Protection Rules, 7 CCR 1103-7, which implement the Colorado Wage Act (“CWA”) as amended by the Wage Protection Act (“WPA”), C.R.S. § 8-4-101 et seq., the Healthy Families and Workplaces Act (“HFWA”), C.R.S. § 8-13.3-401 et seq., and the Agricultural Labor Rights and Responsibilities Act, codified in relevant part at C.R.S. §§ 8-6-101.5, 8-6-120, and 8-13.5-201 et seq. |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00614.pdf
|
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
No
|
| Hearing Date |
11/01/2021 |
| Hearing Time |
03:00 PM |
| Hearing Location |
633 17th Street, 12th Floor, Denver, CO 80202 |
| Contact Name |
Michael Primo |
| Contact Title |
Rule Coordinator |
| Contact Telephone |
3033188462 |
| Contact email |
michael.primo@state.co.us |
|