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Colorado Revised Statutes Title 8. Labor and Industry § 8-13.3-411. Enforcement--judicial review of director's actions--repeal

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(1) The director and the division have jurisdiction over the enforcement of this part 4 and may exercise all powers granted under article 1 of this title 8 to enforce this part 4.

(2) The division may enforce the requirements of this part 4.

(3) Pursuant to section 8-1-130, any findings, awards, or orders issued by the director with respect to enforcement of this part 4 constitute final agency action, and any person affected by such final agency action may seek judicial review as provided in section 24-4-106.

(4)(a) A person aggrieved by a violation of this part 4 may commence a civil action in district court no later than two years after the violation occurs. A violation of this part 4 occurs on each occasion that a person is affected by a failure to provide paid sick leave or retaliation related to paid sick leave.

(b)(I) Beginning January 1, 2021, an employer with sixteen or more employees who violates this part 4 is liable for back pay and any other relief as provided by section 8-5-104(2)(a) and (2)(b). This subsection (4)(b)(I) is repealed, effective January 1, 2022.

(II) Beginning January 1, 2022, an employer who violates this part 4 is liable for back pay and any other relief as provided by section 8-5-104(2)(a) and (2)(b).

(c) If a civil action is commenced under this section, any party to the civil action may demand a trial by jury.

(d) Before commencing any civil action under this section, an aggrieved person must, in accordance with article 4 of this title 8, submit a complaint to the division or make a written demand for compensation or other relief to the employer. An employer has fourteen days to respond after receiving either a notice from the division that a complaint has been filed with the division or a written demand from the aggrieved person for compensation or other relief under this part 4.

(e) If a person aggrieved by a violation of this part 4 files a civil action to enforce a judgment made under this section, the court shall waive any filing fee required under article 32 of title 13.

(f) Nothing in this section prevents an aggrieved person from filing a charge with the division pursuant to this section.

Cite this article: FindLaw.com - Colorado Revised Statutes Title 8. Labor and Industry § 8-13.3-411. Enforcement--judicial review of director's actions--repeal - last updated January 01, 2022 | https://codes.findlaw.com/co/title-8-labor-and-industry/co-rev-st-sect-8-13-3-411/


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