Colorado § 8-14.4-105 - Enforcement by the division - rules.

§ 8-14.4-105. Enforcement by the division - rules.

(1) (a) Within two years after an alleged violation of this article 14.4, an aggrieved individual or whistleblower may file a complaint against a principal with the division as specified in this subsection (1).

(b) Until the date the division makes a complaint form publicly available:

(I) An aggrieved individual or whistleblower may file a complaint of a violation of this article 14.4 with the division in any form, by mail or electronic mail;

(II) The division may later require the aggrieved individual or whistleblower to complete the division's complaint form; and

(III) The filing date is the date of the claimant's original filing, even if the division later requests additional information or completion of the division's complaint form.

(c) After the division makes a complaint form publicly available, an aggrieved individual or whistleblower may file a complaint only by completing the required form.

(2) The division shall either:

(a) Investigate alleged principal violations of, or interference with rights or responsibilities under, this article 14.4 and complaints filed with the division by aggrieved individuals and whistleblowers; or

(b) Authorize an aggrieved individual or whistleblower to proceed with an action in district court as provided in sections 8-14.4-106 and 8-14.4-107. A person who receives authorization pursuant to this subsection (2)(b) is considered to have exhausted administrative remedies.

(3) In an investigation of alleged principal retaliation or interference with worker rights, if an investigation yields a determination that:

(a) A violation has occurred, the division may award reasonable attorney fees and impose fines pursuant to section 8-1-140 (2);

(b) Rights of multiple workers have been violated, the violation as to each worker is a separate violation for purposes of fines, penalties, or other remedies; and

(c) A worker was fired, voluntarily left employment, or experienced a reduction in pay due to a principal's violation, the determination may include an order to:

(I) Reinstate or rehire the worker and pay the worker's back pay until reinstatement or rehiring; or

(II) Pay the worker front pay for a reasonable period after the order, if reinstatement or rehiring is determined not to be feasible.

(4) Determinations made by the division under this section are appealable pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement.

Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, § 1, effective July 11.