7 CCR 1103-15-2 - Definitions Applicable to These Rules
2.1 "Division"
is the Division of Labor Standards and Statistics in the Colorado Department of
Labor and Employment.
2.2
"Employee" is as defined by C.R.S. §
8-6-101.5(3):
"agricultural employee" or "agricultural worker" has the "same meaning as under
C.R.S. §
8-13.5-201(3)" ("A
worker engaged in any service or activity included in section 203(f) of the
federal 'Fair Labor Standards Act of 1938', ... as amended ... or section
3121(g) of the federal 'Internal Revenue Code of 1986', as amended"). As to
rights and remedies under C.R.S. §
8-2-206, "agricultural worker"
means "a person employed by an agricultural employer." Unless otherwise noted,
references to "employees" in these rules mean "agricultural
employees."
2.3 "Employer" is as
defined by C.R.S. §
8-2-206(1)(c):
"agricultural employer" has the "same meaning provided in C.R.S. §
8-3-104(1)" ("a
person that is engaged in any service or activity included in section 203(f) of
the federal 'Fair Labor Standards Act of 1938', ... as amended," or engaged in
"agricultural labor, as defined in section 3121 of the federal 'Internal
Revenue Code of 1986'," that either (1) contracts with any person who recruits,
solicits, hires, employees, furnishes, or transports agricultural employees, or
(2) regularly engages the services of one or more agricultural employees).
Unless otherwise noted, references to "employers" in these rules mean
"agricultural employers."
2.4
"Locality" includes a county, city, town, village, other municipality,
unincorporated local area, or other government unit or subdivision smaller than
the state of Colorado.
2.5 "Meal
period" and "rest period" are defined by and apply as stated in COMPS Order
Rules 5.1 -5.2 unless otherwise provided in these Rules, and are synonymous
with "meal break" or "rest break," respectively.
2.6 "Potable water" means drinkable water
safe for human consumption, and in compliance with Colorado Primary Drinking
Water Regulations, 5 CCR 1002-11, if provided from
a supply system subject to those rules.
2.7 "Provide" (or in any other form such as
"provides," "provided," or "providing") means the item, service, or permission
must be given at no cost, with no additional conditions, and with no deductions
from compensation, except that references to "employer-provided" housing are
not limited to housing provided at no cost.
2.8 "Range worker" is as defined by C.R.S.
§
8-6-101.5(1)(b)
and, as used to define agricultural employees to whom different rights and
responsibilities within these rules apply, means an agricultural employee who
is paid at least the minimum salary for range workers (as specified in the
Publication And Yearly Calculation of Adjusted Labor Compensation ("PAY CALC")
Order, 7
CCR 1103-14, for the applicable year) during periods
when they are "principally engaged in the range production of livestock ... on
the open range" (as defined by C.R.S. §
8-6-101.5(b)), and
who is provided without cost or deduction any housing, food, transport, and
equipment required for H-2A visa range workers by federal
regulations.
2.9 Temperatures in or
applicable to these rules are all on the Fahrenheit temperature
scale.
2.10 "Workday" and
"workweek" have the same meanings as COMPS Order, Rules 1.12-1.13.
Notes
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