(1) There is created within the department of law and under the control of the office of the attorney general the worker and employee protection unit.
(2) In addition to any other authorities granted by law, the unit has the following powers and duties:
(a) Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions;
(b) Administer oaths and take sworn statements under penalty of perjury; and
(c) Serve and execute, in any county, search warrants that relate to investigations.
Source: L. 2022: Entire part added, (SB 22-161), ch. 370, p. 2639, � 15, effective August 10.
24-31-1303. Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment. (1) (a) The unit may investigate alleged violations of, and bring an action against an employer to enforce, section 8-72-114, regardless of whether a complaint is filed against the employer pursuant to said section, to enforce that section if the division of unemployment insurance directly refers a finding of misclassification to the unit to pursue further remedies.
(b) The unit may investigate and enforce an alleged misclassification that is not described in subsection (1)(a) of this section if the unit provides written notice to the division of unemployment insurance of the unit's intent to pursue a misclassification investigation and the division of unemployment insurance:
(I) Declines to investigate the matter;
(II) Has investigated the matter and made a formal determination; or
(III) Fails to respond to the unit within thirty days after the date of the notice.
(2) (a) The unit may enforce wage determinations made by the division of labor standards and statistics pursuant to article 4 of title 8 if the division of labor standards and statistics refers the wage determination to the unit for enforcement.
(b) If the division of labor standards and statistics has not referred a wage determination to the unit, the unit may enforce the wage determination if the unit provides written notice to the division of labor standards and statistics of the unit's intent to enforce the wage determination and the division of labor standards and statistics:
(I) Declines to pursue enforcement of the wage determination;
(II) Has attempted to pursue enforcement of the wage determination and has been unsuccessful in enforcing the determination in full after the later of twelve months after the determination or the conclusion of any appeals;
(III) Fails to respond to the unit within thirty days after the date of the notice; or
(IV) Has not initiated an investigation.
Source: L. 2022: Entire part added, (SB 22-161), ch. 370, p. 2639, � 15, effective August 10.