7 CCR 1103-1-A - Statutory Authority

* C.R.S. §§ 8-1-101 ("'General order' means an order of the director applying generally throughout the state to all persons, employments, or places of employment under the jurisdiction of the division");

* 8-1-103 ("[P]owers, duties, and functions of the director ..., includ[e] ... promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications");

* 8-1-107 ("[T]he director has the duty and the power to ... [a]dopt reasonable and proper rules and regulations relative to the exercise of his powers and proper rules and regulations to govern the proceedings of the division and to regulate the manner of investigations and hearings.")

* 8-1-108 ("[G]eneral orders shall be effective ... after they are adopted by the director and posted"; "All orders of the division shall be ... in force and prima facie reasonable and lawful until ... found otherwise.");

* 8-1-111 ("The director is vested with the power and jurisdiction to have such supervision of every employment and place of employment ... [to] determine the conditions under which the employees labor ..., to enforce all provisions of law relating thereto ... to administer all provisions of this article with respect to the relations between employer and employee and to do all other acts and things convenient and necessary to accomplish the purposes of this article.");

* 8-1-130 ("The director has full power to hear and determine all questions within his jurisdiction, and his findings, award, and order issued thereon shall be final agency action.");

* 8-4-111 ("It is the duty of the director ... to enforce generally the provisions of this article.");

* 8-6-101.5 ("[T]he minimum wage requirements of section 15 of article xviii of the state constitution, and any minimum wage laws enacted pursuant to this article 6, apply to agricultural employers employing agricultural workers. ...The Colorado minimum wage that an agricultural employer must pay to an agricultural worker who is principally engaged in the range production of livestock ... on the open range is: (i) beginning January 1, 2022, ... five hundred fifteen dollars per week; and (ii) beginning January 1, 2023, the minimum wage required in the prior calendar year adjusted annually .... . The director may set a higher minimum wage than is required ... consistent with the director's authority and duties[.]");

* 8-6-101.5 ("An agricultural worker is entitled to an uninterrupted and duty-free meal period of at least a thirty-minute duration when the agricultural worker's shift exceeds five consecutive hours. ...An agricultural worker is entitled to an uninterrupted and duty-free rest period of at least ten minutes within each four hours of work."); 8-13.5-203(3) ("An agricultural employer shall provide agricultural workers engaged in hand weeding and hand thinning an additional five minute rest period, which, insofar as is practicable, must be in the middle of each work period. The authorized rest period must be based on the total hours worked daily at the rate of fifteen minutes net rest time per four hours worked, or a major fraction thereof. The agricultural employer shall count the authorized rest period as hours worked and not deduct the rest period from the agricultural worker's wages.");

* 8-6-102 ("Whenever this article or any part thereof is interpreted by any court, it shall be liberally construed.");

* 8-6-104 ("It is unlawful to employ workers in any occupation ... for wages which are inadequate to supply the necessary cost of living and to maintain the health of the workers .... It is unlawful to employ workers in any occupation ... under conditions of labor detrimental to their health or morals.");

* 8-6-105 ("It is the duty of the director to inquire into the wages paid to employees and into the conditions of labor ... in any occupation ... if the director has reason to believe ... conditions of labor are detrimental to the health or morals of said employees or that the wages paid to a substantial number of employees are inadequate to supply the necessary cost of living and to maintain such employees in health.");

* 8-6-106 ("The director shall determine the minimum wages sufficient for living wages ... ; standards of conditions of labor and hours ... not detrimental to health or morals for workers; and what are unreasonably long hours.");

* 8-6-108 ("[F]or the purpose of investigating any of the matters [s/]he is authorized to investigate by this article ... [t]he director has power to make reasonable and proper rules and procedure and to enforce said rules and procedure.");

* 8-6-109 ("If after investigation the director is of the opinion that the conditions of employment surrounding said employees are detrimental to the health or morals or that a substantial number of workers in any occupation are receiving wages ... inadequate to supply the necessary costs of living and to maintain the workers in health, the director shall proceed to establish minimum wage rates.");

* 8-6-111 ("Overtime, at a rate of one and one-half times the regular rate of pay, may be permitted by the director under conditions and rules and for increased minimum wages which the director, after investigation, determines and prescribes by order and which shall apply equally to all employers in such industry or occupation.");

* 8-6-116 ("The minimum wages fixed by the director, as provided in this article, shall be the minimum wages paid to the employees, and the payment ... of a wage less than the minimum ... is unlawful");

* 8-6-117 ("In every prosecution ... of this article, the minimum wage established by the director shall be prima facie presumed to be reasonable and lawful and the wage required to be paid. The findings of fact made by the director acting within prescribed powers, in the absence of fraud, shall be conclusive.");

* 8-6-120 ("The director shall promulgate rules providing meaningful overtime and maximum hours protections to agricultural employees. ... In promulgating such rules, the director shall consider the inequity and racist origins of the exclusion of agricultural employees from overtime and maximum hours protections available to other employees, the fundamental right of all employees to overtime and maximum hours standards that protect the health and welfare of employees, and the unique difficulties agricultural employees have obtaining workplace conditions equal to those provided to other employees.");

* 8-12-115 ("The director shall enforce ... this article" and "shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article.");

* 8-13.3-403 ("The division shall promulgate rules regarding compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis.");

* 8-13.3-407 ("Determinations made by the division under this section [as to paid sick leave] are appealable pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement.");

* 8-13.3-408 ("Each employer shall notify its employees that they are entitled to paid sick leave, pursuant to rules promulgated by the division.");

* 8-13.3-410 ("The director may coordinate implementation and enforcement of this part and adopt rules as necessary for such purposes.");

* 8-13.5-202(1)(c) ("To ensure that agricultural workers have meaningful access to services, the director of the division shall promulgate rules regarding additional times during which an employer may not interfere with an agricultural worker's reasonable access to key service providers, including periods during which the agricultural worker is performing compensable work, especially during periods when the agricultural worker is required to work in excess of forty hours per week and may have difficulty accessing such services outside of work hours.");

* 8-13.5-203 ("The director of the division shall promulgate rules that require agricultural employers to protect agricultural workers from heat-related stress illnesses and injuries when the outside temperatures reach eighty degrees or higher, with discretion to adjust requirements based on environmental factors, exposure time, acclimatization, and metabolic demands of the job as set forth in the federal Department of Health and Human Services Centers for Disease Control and Prevention National Institute for Occupational Safety and Health 2016 Revised Publication: Criteria for a Recommended Standard, Occupational Exposure to Heat and Hot Environments."); and

* the Administrative Procedure Act, C.R.S. § 24-4-103.

Notes

7 CCR 1103-1-A

37 CR 23, December 10, 2014, effective 12/30/2014 38 CR 23, December 10, 2015, effective 1/1/2016 39 CR 23, December 10, 2016, effective 1/1/2017 40 CR 23, December 10, 2017, effective 1/1/2018 41 CR 23, December 10, 2018, effective 1/1/2019 43 CR 04, February 25, 2020, effective 3/16/2020 43 CR 12, June 25, 2020, effective 7/15/2020 43 CR 23, December 10, 2020, effective 1/1/2021 44 CR 23, December 10, 2021, effective 1/1/2022 46 CR 23, December 10, 2023, effective 1/1/2024