7 CCR 1103-15-1 - Statement of Purpose, Authority, and Construction
1.1 The
general purpose of these Agricultural Labor Conditions Rules is to exercise the
authority of this Division to enforce and implement the Agricultural Labor
Rights and Responsibilities Act, Colorado Senate Bill 21-087 ("ALRRA," enacted
June 25, 2021), including but not limited to Part 2, "Labor Conditions for
Agricultural Workers," of Article 13.5 of Colorado Revised Statutes ("C.R.S.")
Title 8, and other existing Title 8 provisions and authority, including but not
limited to C.R.S §§
8-1-103(3),
-107(2), -111;
8-2-206;
8-3-104;
8-6-101.5, -105, -106, -108, -117;
and 8-13.5-201 to -204. The Rules are
intended to be consistent with the Colorado Administrative Procedure Act,
C.R.S. §
24-4-101, et seq.
1.2 Incorporations by Reference. Articles
1-4, 6, 13.3, 13.5, and 14.4 of C.R.S. Title 8 (2022) are hereby incorporated
by reference. Earlier versions of such laws may apply to events that occurred
in prior years. Such incorporation excludes later amendments to or editions of
the statutes. These statutes are available for public inspection at the
Colorado Department of Labor and Employment, Division of Labor Standards &
Statistics, 633 17th Street, Denver CO 80202. Copies may be obtained from this
Division at a reasonable charge, or can be accessed electronically from the
website of the Colorado Secretary of State. Pursuant to C.R.S. §
24-4-103 (12.5)(b), the agency
shall provide certified copies of the statutes incorporated at cost upon
request or shall provide the requestor with information on how to obtain a
certified copy of the material incorporated by reference from the agency
originally issuing the statutes. All Division Rules are available to the public
at www.ColoradoLaborLaw.gov.
Where these Rules have provisions different from or contrary to any
incorporated or referenced material, the provisions of these Rules govern so
long as consistent with Colorado statutory and constitutional
provisions.
1.3 Separability. These
Rules are intended to remain in effect to the maximum extent possible. If any
part (including any section, sentence, clause, phrase, word, or number) is held
invalid, (A) the remainder of the Rules remain valid, and (B) if the provision
is held not wholly invalid, but merely in need of narrowing, the provision
should be retained in narrowed form.
1.4 Other Requirements for Agricultural
Labor. In addition to these rules on certain labor conditions for which the
ALRRA requires rules from this Division:
(A)
the ALRRA put into effect other agricultural labor requirements that do not
require any rules;
(B) other ALRRA
requirements are covered in other rules, such as the Colorado Overtime and
Minimum Pay Standards ("COMPS") Order,
7 CCR
1103-1 (wage and hour matters); Labor Peace Act Rules
and Industrial Relations Act Rules,
7 CCR
1101-1 (labor management relations); and Colorado
Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving ("Colorado
WARNING") Rules, 7 CCR 1103-11 (retaliation,
interference, and notice); and
(C)
other rules cover other labor requirements not specific to, but applicable to,
agriculture. All Division rules are available as per Rule 1.2.
Notes
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