Colorado § 8-13.3-402 - Definitions.

§ 8-13.3-402. Definitions.

As used in this part 4, unless the context otherwise requires:

(1) "Director" means the director of the division.

(2) "Division" means the division of labor standards and statistics in the department of labor and employment created in section 8-1-103.

(3) "Domestic abuse" has the meaning set forth in section 13-14-101 (2).

(4) "Employee" has the meaning set forth in section 8-4-101 (5). "Employee" does not include an "employee" as defined in 45 U.S.C. sec. 351 (d) who is subject to the federal "Railroad Unemployment Insurance Act", 45 U.S.C. sec. 351 et seq.

(5) (a) "Employer" has the meaning set forth in section 8-4-101 (6); except that the term includes the state and its agencies or entities, counties, cities and counties, municipalities, school districts, and any political subdivisions of the state.

(b) "Employer" does not include the federal government.

(6) "Family member" means:

(a) An employee's immediate family member, as defined in section 2-4-401 (3.7);

(b) A child to whom the employee stands in loco parentis or a person who stood in loco parentis to the employee when the employee was a minor; or

(c) A person for whom the employee is responsible for providing or arranging health- or safety-related care.

(7) "Harassment" has the meaning set forth in section 18-9-111.

(8) (a) (I) "Paid sick leave" means time off from work that is:

(A) Compensated at the same hourly rate or salary and with the same benefits, including health care benefits, as the employee normally earns during hours worked; and

(B) Provided by an employer to an employee for one or more of the purposes described in sections 8-13.3-404 to 8-13.3-406.

(II) As used in subsection (8)(a)(I)(A) of this section:

(A) "Same hourly rate or salary" under this part 4 does not include overtime, bonuses, or holiday pay.

(B) For employees paid on a commission basis only, "same hourly rate or salary" means a rate of no less than the applicable minimum wage.

(C) For employees paid an hourly, weekly, or monthly wage and also paid on a commission basis, "same hourly rate or salary" means the rate of pay equivalent to the employee's hourly, weekly, or monthly wage or the applicable minimum wage, whichever is greater.

(b) "Paid sick leave" is "wages" as defined in section 8-4-101 (14).

(9) "Public health emergency" means:

(a) An act of bioterrorism, a pandemic influenza, or an epidemic caused by a novel and highly fatal infectious agent, for which:

(I) An emergency is declared by a federal, state, or local public health agency; or

(II) A disaster emergency is declared by the governor; or

(b) A highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is declared by the governor.

(10) "Retaliatory personnel action" means:

(a) The denial of any right guaranteed under this part 4; or

(b) Any adverse action against an employee for exercising any right guaranteed in this part 4, including:

(I) Any threat, discipline, discharge, suspension, demotion, reduction of hours, or reporting or threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, state, or local agency; or

(II) Any sanctions against an employee who is the recipient of public benefits for rights guaranteed under this part 4; or

(III) Interference with or punishment for participating in or assisting, in any manner, an investigation, proceeding, or hearing under this part 4.

(11) "Sexual assault" has the meaning set forth in section 18-3-402.

(12) "Successor employer" means an employing unit, whether or not an employing unit at the time of acquisition, that becomes an employer subject to this part 4 because it acquires all of an organization, a trade, or a business or substantially all of the assets of one or more employers subject to this part 4.

(13) "Year" means a regular and consecutive twelve-month period as determined by an employer; except that, for the purposes of section 8-13.3-411, "year" means a calendar year.

Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1443, § 1, effective July 14.