7 CCR 1101-2-17.3 - WORKER CLASSIFICATION INVESTIGATIONS AND FINES
17.3.1
Statutory Reference:
8-72-114 (3), C.R.S.
17.3.2
Written Order. Upon conclusion of a requested investigation of
misclassification, the division shall issue a written order in conjunction with
an audit report including any determination of the existence of an employment
relationship.
17.3.3
Appeal
From Determination. Any employer who wishes to appeal a determination
made under the provisions of this part XVII of the regulations shall file a
notice of appeal with the division. A hearing may be obtained in accordance
with 8-76- 113, C.R.S., and regulation 11.2.
17.3.4 The Division, prior to committing
department resources to a full audit under the provision of this article, shall
take into consideration whether the purported acts of misclassification are
inconsistent with section
8-70-115(1) (b),
C.R.S.
17.3.5
Fine. As
described in
8-72-114(3)(e)(III),
C.R.S., a fine may be imposed on an employer who misclassified an employee with
willful disregard for the law. Such fine shall be imposed in the following
manner:
.1 For the first instance of such
misclassification, an employer shall be fined a minimum of one hundred dollars
or one hundred dollars for each day that an employee was misclassified,
whichever is greater, but the fine shall not exceed five thousand dollars per
misclassified employee.
.2 For the
second and any subsequent instance of such misclassification, an employer shall
be fined a minimum of one thousand dollars or five hundred dollars for each day
that an employee was misclassified, whichever is greater, but the fine shall
not exceed twenty-five thousand dollars per misclassified employee.
Notes
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