Title 8, Labor and Industry
0 chapters · 874 sections in this title.
Colo. Rev. Stat. § 8-3-106 Rights of employees
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In accordance with the provisions of this article, employees have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities f…
Colo. Rev. Stat. § 8-3-107 Representatives and elections
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(1) A unit chosen for the purpose of collective bargaining shall be the exclusive representative of all of the employees in such unit, if the majority of the employees of one employer, or the majority of the employees of one employer in a craft, vote at an election. But employees…
Colo. Rev. Stat. § 8-3-108 What are unfair labor practices
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(1) It is an unfair labor practice for an employer, individually or in concert with others, to: (a) Interfere with, restrain, or coerce his employees in the exercise of the rights guaranteed in section 8-3-106; (b) Initiate, create, dominate, or interfere with the formation or ad…
Colo. Rev. Stat. § 8-3-109 What are not unfair labor practices
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(1) It is not an unfair labor practice for any employer to refuse to grant a closed shop or all-union agreement or to accede to any proposal therefor as provided in this article. (2) The right of both employer and employee freely to express, declare, and publish their respective …
Colo. Rev. Stat. § 8-3-110 Prevention of unfair labor practices
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(1) Any controversy concerning unfair labor practices may be submitted to the division in the manner and with the effect provided in this article; but nothing in this article shall prevent the pursuit of equitable or legal relief in courts of competent jurisdiction, nor shall it …
Colo. Rev. Stat. § 8-3-111 Protection of employees when authority acquires certain operations
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(1) Before any authority may acquire and operate any property of a privately or publicly owned mass transportation system, fair and equitable protective arrangements, as determined by the director, shall be made to ensure certain rights of employees. Such protective arrangements …
Colo. Rev. Stat. § 8-3-112 Arbitration
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(1) Parties to a labor dispute may agree in writing to have the director act as arbitrator or to name arbitrators to arbitrate all or any part of such dispute, and thereupon the director shall have the power so to act. The director shall appoint as arbitrators only competent, imp…
Colo. Rev. Stat. § 8-3-113 Mediation
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(1) The director has power to appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon his own initiative or upon the request of one of the parties to the dispute. It is the function of such mediator to bring the parties together …
Colo. Rev. Stat. § 8-3-114 Duties of attorney general and district attorneys
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Upon the request of the director, the attorney general or the district attorney of the county in which a proceeding is brought before the district court for the purpose of enforcing or reviewing an order of the director shall appear and act as counsel for the director in such pro…
Colo. Rev. Stat. § 8-3-115 Employer and employee committees
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The director, from time to time, may appoint joint, standing, or special committees composed in equal numbers of representatives of employees and employers. The director may refer to any such committee for its study and advice any matters concerning the relations of employers and…
Colo. Rev. Stat. § 8-3-116 Interference with director - officer of division
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Any person who willfully assaults, resists, prevents, impedes, or interferes with the director or any officer, deputy, agent, or employee of the division or any of its agencies in the performance of duties pursuant to this article 3 commits a class 2 misdemeanor. Source: L. 43: p…
Colo. Rev. Stat. § 8-3-117 Existing contracts unaffected
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Nothing in this article shall operate to abrogate, annul, or modify any valid agreement respecting employment relations existing on or before April 1, 1943. Source: L. 43: p. 411, � 15. CSA: C. 97, � 94(15). CRS 53: � 80-5-15. C.R.S. 1963: � 80-4-15.
Colo. Rev. Stat. § 8-3-118 Jurisdiction to issue restraining orders or injunctions
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(1) Except as otherwise provided in this article, no court has jurisdiction to issue in any case involving or growing out of a labor dispute any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person from doing, whether sing…
Colo. Rev. Stat. § 8-3-119 Relations contrary to public policy
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(1) The following is declared to be contrary to public policy and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise or against any other persons who may advise, urge, or induce, without fraud, viol…
Colo. Rev. Stat. § 8-3-120 Conflict of provisions
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Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this article, this article shall prevail; except that, in any situation where the provisions of this article cannot be validly enforced, the provisions of such …
Colo. Rev. Stat. § 8-3-121 Civil liability for damages
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(1) Any person who suffers injury because of an unfair labor practice has a right of action, jointly and severally, against all persons participating in said practice for damages caused to the injured person thereby. (2) If, in accordance with this article or otherwise, persons o…
Colo. Rev. Stat. § 8-3-122 Penalty for violation
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Any person, firm, or corporation who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined for the first offense not less than fifty dollars nor more than one hundred dollars and for the second and subsequent offens…
Colo. Rev. Stat. § 8-3-123 Nonapplicability of other statutes
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The provisions of sections 8-1-108, 8-1-120, and 8-1-123 shall not apply to this article, but this article and the administration thereof are governed and controlled as to all matters contained in sections 8-1-108, 8-1-120, and 8-1-123 by the special provisions of this article. S…
Colo. Rev. Stat. § 8-4-101 Definitions
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As used in this article 4, unless the context otherwise requires: (1) Citation means a written determination by the division that a wage payment requirement has been violated. (2) Credit means an arrangement or understanding with the bank or other drawee for the payment of an ord…
Colo. Rev. Stat. § 8-4-102 Proper payment - record of wages
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(1) Negotiable instrument required. No employer or agent or officer thereof shall issue, in payment of or as an evidence of indebtedness for wages due an employee, any order, check, draft, note, memorandum, or other acknowledgment of indebtedness unless the same is negotiable and…
Colo. Rev. Stat. § 8-4-103 Payment of wages - insufficient funds - pay statement - record retention - gratuity notification - penalties
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(1) (a) All wages or compensation, other than those mentioned in section 8-4-109, earned by any employee in any employment, other than those specified in subsection (3) of this section, shall be due and payable for regular pay periods of no greater duration than one calendar mont…
Colo. Rev. Stat. § 8-4-104 Funds available to pay wages - mining industry
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Every person, firm, association, corporation, or agent, manager, superintendent, or officer thereof engaged in the business of extracting or of extracting and refining or reducing metals or minerals other than petroleum, or other than parties having a free unencumbered title to t…
Colo. Rev. Stat. § 8-4-105 Payroll deductions permitted - notice required
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(1) An employer shall not make a deduction from the wages or compensation of an employee except as follows: (a) Deductions mandated by or in accordance with local, state, or federal law including, but not limited to, deductions for taxes, Federal Insurance Contributions Act (FICA…
Colo. Rev. Stat. § 8-4-105.5 Automatic enrollment in retirement plans - relief from liability - conditions - definitions
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(1) (a) (I) An employer that provides automatic enrollment in an employee retirement plan is not liable for the investment decisions made by the employer on behalf of any participating employee with respect to the default investment of contributions made for that employee to the …
Colo. Rev. Stat. § 8-4-106 Early payment of wages permitted
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Nothing contained in this article shall in any way limit or prohibit the payment of wages or compensation at earlier dates, or at more frequent intervals, or in greater amounts, or in full when or before due. Source: L. 2003: Entire article amended with relocations, p. 1856, � 1,…
Colo. Rev. Stat. § 8-4-107 Post notice of paydays
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Every employer shall post and keep posted conspicuously at the place of work if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer a notice specifying the regular payd…
Colo. Rev. Stat. § 8-4-108 Payment in the event of strike
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(1) In the event of a strike, every employee who is discharged shall be paid at the place of discharge, and every employee who quits or resigns shall be paid at the office or agency of the employer in the county or city and county where such employee has been performing the labor…
Colo. Rev. Stat. § 8-4-109 Termination of employment - payments required - civil penalties - payments to surviving spouse or heir
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(1) (a) When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge is due and payable immediately. If at such time the employe…
Colo. Rev. Stat. § 8-4-110 Disputes - fees
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(1) (a) The court may award the employer reasonable costs and attorney fees incurred in a civil action brought under this article 4 if, within fourteen days after a written demand letter is sent to or a civil action is served on the employer for unpaid wages or compensation: (I) …
Colo. Rev. Stat. § 8-4-111 Enforcement - duty of director - duties of district or city attorneys - local government authority to enact and enforce laws - rules
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(1) (a) (I) It is the duty of the director to: (A) Inquire diligently for any violation of this article 4; (B) Institute the actions for penalties or fines provided for in this article 4 in such cases as the director deems proper; and (C) Enforce generally the provisions of this …
Colo. Rev. Stat. § 8-4-111.5 Hearing officer review and appeals of administrative actions
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(1) Pursuant to policies established by the director by rule, any interested party who is dissatisfied with the division's decision on a wage complaint filed pursuant to section 8-4-111 (2) may file a request for a hearing within thirty-five days after the division's decision is …
Colo. Rev. Stat. § 8-4-112 Enforcement of director subpoenas
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All courts shall take judicial notice of the seal of the director. Obedience to subpoenas issued by the director or his or her duly authorized representative shall be enforced by the courts in any county or city and county, as provided in section 24-4-105 (5), C.R.S., if said sub…
Colo. Rev. Stat. § 8-4-113 Fines pursuant to enforcement - wage theft enforcement fund - created - administrative lien and levy of employer assets - wage claim payments from the fund - definition - rules
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(1) (a) (I) If a case against an employer is enforced pursuant to section 8-4-111, any employer who without good faith legal justification fails to pay the wages of each of the employer’s employees shall forfeit to the people of the state of Colorado a fine in an amount determine…
Colo. Rev. Stat. § 8-4-114 Criminal penalties
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(1) Any employer who violates the provisions of section 8-4-103 (6) commits: (a) A petty offense if the amount is less than three hundred dollars; (b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeano…
Colo. Rev. Stat. § 8-4-115 Certificate of registration required
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No person shall engage in activities as a field labor contractor unless the person first obtains a certificate of registration from the division and unless such certificate is in full force and effect and in such person's immediate possession. Source: L. 2003: Entire article amen…
Colo. Rev. Stat. § 8-4-116 Issuance of certificate of registration
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(1) The director, after appropriate investigation, shall issue a certificate of registration to any person who: (a) Has executed and filed with the director a written application subscribed and sworn to by the applicant containing such information concerning his or her conduct an…
Colo. Rev. Stat. § 8-4-117 Additional obligations
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(1) Every field labor contractor shall: (a) Carry a certificate of registration at all times while engaging in activities as a field labor contractor and exhibit the same to all persons with whom he or she intends to deal in the capacity of a field labor contractor; (b) Ascertain…
Colo. Rev. Stat. § 8-4-118 Authority to obtain information
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The director or the director's designated representative may investigate and gather data pertinent to matters that may aid in carrying out the provisions of this article. In any case where a complaint has been filed with the director or the director's designated representative re…
Colo. Rev. Stat. § 8-4-119 Penalty provisions
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(1) Any field labor contractor who commits a violation of any provision of this article or implementing regulation shall be subject to a civil penalty of not more than two hundred fifty dollars for each violation. The penalty shall be assessed by the director pursuant to a publis…
Colo. Rev. Stat. § 8-4-120 Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies
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(1) An employer, or any other person that is regularly engaged in business or commercial activity that has contracted with an employer or worker, directly or indirectly, for labor from which such person is the beneficiary, shall not intimidate, threaten, restrain, coerce, blackli…
Colo. Rev. Stat. § 8-4-120.5 Implementation of House Bill 25-1001 - report on enforcement of wage hour laws to joint budget committee - repeal
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(1) Between August 1, 2027, and October 1, 2027, the division shall, using existing resources, report to the joint budget committee: (a) The extent to which the division has fully implemented the enforcement of wage hour laws as enacted in House Bill 25-1001, enacted in 2025; (b)…
Colo. Rev. Stat. § 8-4-121 Nonwaiver of employee rights
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Any agreement, written or oral, by any employee purporting to waive or to modify such employee's rights in violation of this article shall be void. Source: L. 2003: Entire article amended with relocations, p. 1862, � 1, effective August 6. Editor's note: This section is similar t…
Colo. Rev. Stat. § 8-4-122 Limitation of actions
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All actions brought pursuant to this article shall be commenced within two years after the cause of action accrues and not after that time; except that all actions brought for a willful violation of this article shall be commenced within three years after the cause of action accr…
Colo. Rev. Stat. § 8-4-123 Termination of occupancy pursuant to contract of employment - legislative declaration
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(1) The general assembly hereby finds, determines, and declares that many businesses, such as nursing homes or building management companies, either desire or are required by law to have staff on premises at all times. As part of the compensation for such employees, many employer…
Colo. Rev. Stat. § 8-4-124 Third-party food delivery services - prohibitions - penalties - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Retail food establishment” means a retail food establishment, as defined in section 25-4-1602 (14), that pays an annual license fee as required by section 25-4-1607. “Retail food establishment” does not incl…
Colo. Rev. Stat. § 8-4-125 Supplemental health-care staffing agencies - annual certification - contract restrictions - penalty - civil action - reporting - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Department” means the department of labor and employment. (b) “Health-care facility” means a facility licensed by the department of public health and environment pursuant to section 25-1.5-103 (1)(a). (c) “H…
Colo. Rev. Stat. § 8-4-126 Cost and wage transparency from delivery network companies - notice requirements - deactivation requirements - enforcement - driver safety - task acceptance time - penalties - definitions - rules
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(1) Definitions. As used in this section, unless the context otherwise requires:(a) “Consumer” means an individual who uses a digital platform to order delivery services from a delivery network company. (b) “Deactivate” or “deactivation” means conduct that a delivery network comp…
Colo. Rev. Stat. § 8-4-127 Transportation network companies - disclosures to drivers - deactivation and suspension policies - disclosures to division - definitions - enforcement - rules
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(1) Definitions. As used in this section, unless the context otherwise requires:(a) “Available platform time” means the period when a driver is active on a transportation network company’s digital platform while awaiting a transportation services request to come through the digit…
Colo. Rev. Stat. § 8-5-101 Definitions
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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 …
Colo. Rev. Stat. § 8-5-102 Wage discrimination prohibited
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(1) An employer shall not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status as described in section 24-34-402 (1)(a), by paying an employee of one sex a wage rate less than the rate paid to an employee of a dif…