C.R.S. Section 8-13.3-411
Enforcement

  • judicial review of director’s actions

(1)

The director and the division have jurisdiction over the enforcement of this part 4 and may exercise all powers granted under article 1 of this title 8 to enforce this part 4.

(2)

The division may enforce the requirements of this part 4.

(3)

Pursuant to section 8-1-130, any findings, awards, or orders issued by the director with respect to enforcement of this part 4 constitute final agency action, and any person affected by such final agency action may seek judicial review as provided in section 24-4-106.

(4)

Intentionally left blank —Ed.

(a)

A person aggrieved by a violation of this part 4 may commence a civil action in district court no later than two years after the violation occurs. A violation of this part 4 occurs on each occasion that a person is affected by a failure to provide paid sick leave or retaliation related to paid sick leave.

(b)

Intentionally left blank —Ed.

(I)

Repealed.

(II)

Beginning January 1, 2022, an employer who violates this part 4 is liable for back pay and any other relief as provided by section 8-5-104 (2)(a) and (2)(b).

(c)

If a civil action is commenced under this section, any party to the civil action may demand a trial by jury.

(d)

Before commencing any civil action under this section, an aggrieved person must, in accordance with article 4 of this title 8, submit a complaint to the division or make a written demand for compensation or other relief to the employer. An employer has fourteen days to respond after receiving either a notice from the division that a complaint has been filed with the division or a written demand from the aggrieved person for compensation or other relief under this part 4.

(e)

If a person aggrieved by a violation of this part 4 files a civil action to enforce a judgment made under this section, the court shall waive any filing fee required under article 32 of title 13.

(f)

Nothing in this section prevents an aggrieved person from filing a charge with the division pursuant to this section.

Source: Section 8-13.3-411 — Enforcement - judicial review of director’s actions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑13.3‑201
Short title 8‑13.3‑202
Definitions 8‑13.3‑203
Family and medical leave - state requirements 8‑13.3‑204
Enforcement 8‑13.3‑205
Repeal of part 8‑13.3‑301
Legislative declaration 8‑13.3‑302
Definitions 8‑13.3‑303
Department to perform analyses 8‑13.3‑304
Family and medical leave implementation task force 8‑13.3‑305
Paid family and medical leave program implementation authorization 8‑13.3‑401
Short title 8‑13.3‑402
Definitions 8‑13.3‑403
Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules 8‑13.3‑404
Use of paid sick leave - purposes - time increments 8‑13.3‑405
Additional paid sick leave during a public health emergency 8‑13.3‑406
Paid sick leave related to COVID-19 8‑13.3‑407
Employee rights protected - retaliation prohibited 8‑13.3‑408
Notice to employees - penalty - rules 8‑13.3‑409
Employer records 8‑13.3‑410
Authority of director - rules 8‑13.3‑411
Enforcement - judicial review of director’s actions 8‑13.3‑412
Confidentiality of employee information - definition 8‑13.3‑413
Employers encouraged to provide more generous paid sick leave 8‑13.3‑414
Other legal requirements applicable 8‑13.3‑415
Collective bargaining agreements 8‑13.3‑416
Employer policies 8‑13.3‑417
Severability 8‑13.3‑418
Employer authorized to take disciplinary action 8‑13.3‑501
Short title 8‑13.3‑502
Purposes and findings 8‑13.3‑503
Definitions 8‑13.3‑504
Eligibility 8‑13.3‑505
Duration 8‑13.3‑506
Amount of benefits - portability 8‑13.3‑507
Premiums 8‑13.3‑508
Division of family and medical leave insurance 8‑13.3‑509
Leave and employment protection 8‑13.3‑510
Coordination of benefits 8‑13.3‑511
Notice 8‑13.3‑512
Appeals 8‑13.3‑513
Erroneous payments and disqualification for benefits 8‑13.3‑514
Elective coverage 8‑13.3‑515
Reimbursement of advance payments 8‑13.3‑516
Family and medical leave insurance program 8‑13.3‑517
Income tax 8‑13.3‑518
Family and medical leave insurance fund - establishment and investment - repeal 8‑13.3‑519
Reports 8‑13.3‑520
Public education 8‑13.3‑521
Substitution of private plans 8‑13.3‑522
Local government employers’ ability to decline participation in program - rules 8‑13.3‑523
Severability 8‑13.3‑524
Effective date
Green check means up to date. Up to date

Current through Fall 2024

§ 8-13.3-411’s source at colorado​.gov