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Code of Colorado Regulations eDocket
Details of Tracking Number
2021-00707
CCR details
| Tracking Number |
2021-00707 |
| 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 1103-11 |
| CCR Title |
COLORADO WHISTLEBLOWER, ANTI-RETALIATION, NON-INTERFERENCE, AND NOTICE-GIVING RULES ("COLORADO WARNING RULES") |
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Proposed rule
| Notice Filed with SOS |
10/29/2021 |
| Rule |
ProposedRuleAttach2021-00707.docx |
| Additional Information |
AddInfoAttach2021-00707.pdf |
| Statutory Authority |
These Rules are adopted pursuant to Division authority in C.R.S. §§ 8-1-103(3), -107(2), -111, -116, -117; §§ 8-2-130, -206(3)(c)(II); § 8-4-111; § 8-5-203; §§ 8-6-105, -106, -108, -117; §§ 8-13.3-403(9), -407(6), -408(1)-(2), -409, -410; § 8-13.5-204(1)(b); and §§ 8-14.4-103(2), -104, -105(4), -108. |
| Description of Subjects/Issues |
These rules amend the prior version of the Colorado WARNING Rules, the Division’s existing rules governing retaliation, interference, and notice of rights under several Division-enforced statutes, as follows (in addition to certain non-substantive edits):
(A) defining key terms and provisions relevant to retaliation and interference protections that the ALRRA
created, and requires the Division to execute and enforce;
(B) implementing the ALRRA requirements for employers to provide agricultural employees notice of their
rights under the ALLRA, as well as additional notice and training during a public health emergency;
(D) amending the Division’s existing complaint and investigation procedures, and list of available remedies,
to conform to complaints and investigations under the ALRRA;
(E) where the Division has discretion as to whether to investigate a complaint (including but not limited to
various non-wage-related ALRRA complaints), expanding from 30 to 90 days the Division’s time to
decide whether to investigate, and clarifying when a complaint is deemed “received” for this deadline;
(F) harmonizing and clarifying the scope and definition of “interference” and “retaliation” under the
ALRRA and other existing statutes; and
(G) adding definitions that previously were incorporated, by referencing federal law in the rules directly. |
| Purpose/Objective of Rule |
These amendments to the Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules (“Colorado WARNING Rules”) serve important public needs that the Director of the Division of Labor Standards and Statistics (hereinafter, “Director” and “Division”) finds best served by these rule updates, amendments, and supplements, including but not limited to implementing, and clarifying enforcement of, recent changes to Colorado labor law in the Agricultural Labor Rights and Responsibilities Act, SB21-87 (“ALRRA”), as well as in other recently effective laws, including but not limited to: the Public Health Emergency Whistleblower Act (“PHEW”), C.R.S. § 8-14.4-101, et seq. (July 11, 2020); the Healthy Families and Workplaces Act (“HFWA”), C.R.S. § 8-13.3-401, et seq. (July 14, 2020); the Equal Pay for Equal Work Act (“EPEWA”), C.R.S. §§ 8-5-101 et seq. (Jan. 1, 2021); the Chance to Compete Act, C.R.S. §§ 8-2-130 (Aug. 2, 2019); the Colorado Wage Act,C.R.S. Title 8, Article 4 (last amended effective Jan. 1, 2020); and the Colorado Overtime and Minimum Pay Standards (“COMPS”) Order, 7 CCR 1103-1. |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00707.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 |
SB 21-087
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| Hearing Date |
12/09/2021 |
| 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 |
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Adopted rule
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