Colorado § 8-5-101 - Definitions.

§ 8-5-101. Definitions.

As used in this article 5, unless the context otherwise requires:

(1) Repealed.

(1.3) "Career development" means a change to an employee's terms of compensation, benefits, full-time or part-time status, duties, or access to further advancement in order to update the employee's job title or compensate the employee to reflect work performed or contributions already made by the employee.

(1.5) "Career progression" means a regular or automatic movement from one position to another based on time in a specific role or other objective metrics.

(2) "Director" means the director of the division of labor standards and statistics.

(3) Repealed.

(4) "Employee" means a person employed by an employer.

(5) "Employer" means the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state.

(5.5) (a) "Job opportunity" means a current or anticipated vacancy for which the employer is considering a candidate or candidates or interviewing a candidate or candidates or that the employer externally posts.

(b) "Job opportunity" does not include career development or career progression.

(6) Repealed.

(7) "Liquidated damages" means damages to compensate an employee for the delay in receiving amounts due as a result of an employer's violation of this article 5. "Liquidated damages" does not constitute a penalty to the employer.

(8) "Sex" means an employee's gender identity.

(8.5) "Vacancy" means an open position, whether as a result of a newly created position or a vacated position.

(9) "Wage rate" means:

(a) For an employee paid on an hourly basis, the hourly compensation paid to the employee plus the value per hour of all other compensation and benefits received by the employee from the employer; and

(b) For an employee paid on a salary basis, the total of all compensation and benefits received by the employee from the employer.

Source: L. 55: p. 503, § 1. CRS 53: § 80-23-1. C.R.S. 1963: § 80-3-1. L. 69: p. 593, § 68. L. 86: (1) repealed, p. 502, § 125, effective July 1. L. 2016: (2) and (3) amended, (HB 16-1323), ch. 131, p. 378, § 11, effective August 10. L. 2019: IP, (4), and (5) amended and (7), (8), and (9) added, (SB 19-085), ch. 247, p. 2412, § 3, effective January 1, 2021; (3)(b) and (6)(b) added by revision, (SB 19-085), ch. 247, pp. 2412, 2417, §§ 3, 9. L. 2023: (1.3), (1.5), (5.5), and (8.5) added, (SB 23-105), ch. 347, p. 2079, § 1, effective January 1, 2024.

Editor's note: Subsections (3)(b) and (6)(b) provided for the repeal of subsections (3) and (6), respectively, effective January 1, 2021. (See L. 2019, pp. 2412, 2417.)

Cross references: For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.