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Colorado Revised Statutes Title 8. Labor and Industry § 8-5-103. Enforcement--rules--complaints

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) The director shall:

(I) Create and administer a process to accept complaints and provide legal resources concerning alleged violations of section 8-5-102, and shall promulgate rules as necessary for this purpose;

(II) On or before July 1, 2024, create and administer a process to mediate complaints regarding alleged violations of section 8-5-102 and promulgate rules as necessary for this purpose;

(III) Investigate complaints or other leads concerning employer violations of section 8-5-102, except if the complaint concerns the state of Colorado as the employer, that, in the director's good faith discretion and judgment, warrant investigation;

(IV) Upon finding of a violation of section 8-5-102, order compliance and relief as authorized by this part 1; and

(V) Promulgate rules to enforce this article 5.

(b) For the purpose of investigating a violation of this part 1, the director may apply the information-gathering provisions of article 1 of this title 8 to an employer, employee, or other person.

(c) The process created and administered by the director, including the rules for the investigation of alleged complaints for violations of section 8-5-102 and any fines levied or corrective action taken by the director, does not affect or prevent the right of an aggrieved person from commencing a civil action pursuant to subsection (2) of this section.

(2) A person aggrieved by a violation of section 8-5-102 may commence a civil action in district court no later than two years after the violation occurs. A violation of section 8-5-102(1) occurs on each occasion that a person is affected by wage discrimination, including each occasion that a discriminatory wage rate is paid.

(3) A person aggrieved by a violation of section 8-5-102 may obtain relief for back pay for the entire time the violation continues, not to exceed six years.

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

(5) Nothing in this section prevents an aggrieved person from filing a charge with the Colorado civil rights division pursuant to section 24-34-306.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 8. Labor and Industry § 8-5-103. Enforcement--rules--complaints - last updated January 01, 2025 | https://codes.findlaw.com/co/title-8-labor-and-industry/co-rev-st-sect-8-5-103/

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