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Code of Colorado Regulations eDocket
Details of Tracking Number
2023-00830
CCR details
| Tracking Number |
2023-00830 |
| Type of Filing |
Permanent Rule |
| Department |
1100 Department of Labor and Employment |
| Agency |
1101 Division of Labor Standards and Statistics (Includes 1103 Series) |
| CCR Number |
7 CCR 1103-8 |
| CCR Title |
DIRECT INVESTIGATION RULES |
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Proposed rule
| Notice Filed with SOS |
12/29/2023 |
| Rule |
ProposedRuleAttach2023-00830.pdf |
| Additional Information |
AddInfoAttach2023-00830.pdf |
| Statutory Authority |
Adopt and amend rules and regulations to enforce, execute, apply, and interpret Articles 1, 2, 4-6, 12, 13.3, 13.5, and 14.4 of Title 8, C.R.S. (2023) and including the Equal Pay for Equal Work Act, C.R.S. § 8-5-101 et seq. (2024); as well as all rules, regulations, investigations, and other proceedings of any kind pursued thereunder, by provisions of these Articles 1, 2, 4-6, 12, 13.3, 13.5, and 14.4. Authority also derives from the Administrative Procedure Act, C.R.S. §24-4-103. |
| Description of Subjects/Issues |
Amending the rules as to the following matters: (1) to update the rules to reflect that the Division’s discretionary investigative authority will span other recently enacted labor laws, such as the pay disparity provisions of the Colorado Equal Pay for Equal Work Act, pursuant to Senate Bill 23-105; (2) to incorporate, conform to, and otherwise apply statutory and rule changes since the last amendments to these rules over three years ago (e.g., such as Senate Bill 22-161, as well as changes to other Division rules); and (3) other technical and non-substantive procedural amendments, such as to add clarity and streamline redundancy, that have proven warranted since the rules were last amended. |
| Purpose/Objective of Rule |
The Direct Investigation Rules were first written in 2019 before the Direct Investigation program existed at the Division, then updated only modestly the next year, before the program reached what the Division considered fully operational status in 2021. With these Rules not updated since the program’s infancy, the Division found several areas requiring adjustment, though none that result in significant changes to how the Division operates the Direct Investigation program: incorporating and ensuring consistency with statutory and rule changes of the past several years — e.g., changes in Senate Bill 22-161 to multiple areas of wage and hour law and procedure, and changes to other Division rules; updating the rules to reflect that, under the Colorado Equal Pay for Equal Work Act amendments in Senate Bill 23-105, Division discretionary investigative authority will include pay disparities based on sex; and various technical amendments to add clarity and eliminate redundancy, in ways that have proven warranted since the rules were last amended. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00830.pdf
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| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
23-105
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| Hearing Date |
01/30/2024 |
| Hearing Time |
02:00 PM |
| Hearing Location |
(A) To Participate by Internet: meet.google.com/ipu-ipra-rhi (B) To Participate by Phone: (US) +1 478-324-0861‬‬‬, and then enter t |
| Contact Name |
Elizabeth Funk |
| Contact Title |
Labor Standards Director |
| Contact Telephone |
3033188462 |
| Contact email |
CDLE_LaborStandardsRules@state.co.us |
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Adopted rule
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