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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2023-00832


CCR details

Tracking Number 2023-00832
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 1103-7
CCR Title WAGE PROTECTION RULES

Proposed rule

Notice Filed with SOS 12/29/2023
Rule ProposedRuleAttach2023-00832.pdf
Additional Information AddInfoAttach2023-00832.pdf
Statutory Authority The Director is authorized to adopt and amend rules and regulations to enforce, execute, apply, and interpret Articles 1, 2, 4-6, 12, 13.3, and 13.5 of Title 8, C.R.S. (2023), and all rules, regulations, investigations, and other proceedings of any kind thereunder, by the Colorado Administrative Procedure Act (“Colorado APA”), C.R.S. § 24-4-103, and provisions of Articles 1, 2, 4-6, 12, 13.3, and 13.5.
Description of Subjects/Issues Amending the rules as to the following matters: (1) to implement Senate Bill 23-231, which provides that if an employer does not pay after a Division citation for failure to pay wages, the Division may pay the employee from the Wage Theft Enforcement Fund, with the Division replacing the employee as the creditor of the employer for that debt; (2) to create and implement a mediation program as required by the Colorado Equal Pay for Equal Work Act amendments in Senate Bill 23-105; (3) for employers of employees with varied pay rates and leave amounts, to offer more flexibility in how to calculate pay rates for paid sick leave; (4) to incorporate, conform to, or otherwise apply laws enacted in recent legislative sessions; and (5) 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 Amending the rules as to the following matters: (1) to implement Senate Bill 23-231, which provides that if an employer does not pay after a Division citation for failure to pay wages, the Division may pay the employee from the Wage Theft Enforcement Fund, with the Division replacing the employee as the creditor of the employer for that debt; (2) to create and implement a mediation program as required by the Colorado Equal Pay for Equal Work Act amendments in Senate Bill 23-105; (3) for employers of employees with varied pay rates and leave amounts, to offer more flexibility in how to calculate pay rates for paid sick leave; (4) to incorporate, conform to, or otherwise apply laws enacted in recent legislative sessions; and (5) 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.
Basis And Purpose BasisAndPurposeAttachment2023-00832.pdf
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number 23-231, 23-105
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

Adopted rule

Adopted Rules AdoptedRules02023-00832.docx
Redline Redline2023-00832.docx
Adopted Date 02/08/2024
AGO requested date 02/09/2024
Attorney General Opinion 02/26/2024
Colorado Register publication date 03/10/2024
Effective Date 04/01/2024
Inserted into CCR 03/26/2024
  
  
  
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