7 CCR 1103-15-5 - Enforcement
5.1
Retaliation and Interference Prohibited. Retaliation for or
interference with any protected activity or right under the ALRRA or these
Rules, as defined by C.R.S. §
8-2-206 and Rule 2.11 of the
Colorado WARNING Rules (7 CCR 1103-11), and pursuant to
other provisions of the Colorado WARNING Rules applicable to retaliation or
interference claims, is prohibited.
5.2
Notice of Rights. Employers
"shall post notice of an agricultural worker's rights under [C.R.S. Title 8,
Article 13.5] Part 2" (C.R.S. §
8-13.5-202(3)), in
conformity with Rules 4.1.4 , 4.3 -4.4 , and 4.6(A) of the Colorado WARNING
Rules, 7
CCR 1103-11, which are incorporated into this Rule 5.2
by reference. This Rule 5.2 may be satisfied with (A) an up-to-date
Agricultural Labor Rights and Responsibilities Poster published by the
Division; (B) at any time such a poster is unavailable, an up-to-date version
of an Interpretive Notice and Formal Opinion on agricultural labor rights and
responsibilities published by the Division; or (C) another document with the
required information. Division publications are available at
www.ColoradoLaborLaw.gov.
5.3
Complaints and
Investigations. The Division may investigate possible violations of
these Rules. Complaints within the scope of C.R.S. §§
8-2-206 or
8-13.5-204 of the ALRRA may be
filed in court. Complaints of any violations of the ALRRA or of these Rules may
be filed with the Division and shall be governed by the Colorado WARNING Rules
(7 CCR
1103-11) and any other Division rules that may apply
based on the type of complaint or investigation. The Division will consider any
showing by the employer of good-faith effort to comply to the maximum extent
possible in exercising discretion as to whether to investigate certain types of
claims under these Rules or the ALRRA, and as to appropriate remedies for
violations in such investigations.
Notes
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