C.R.S. Section 8-13.5-204
Enforcement

  • penalties
  • relief
  • rules

(1)

An aggrieved agricultural worker, a whistleblower, or a key service provider who was unable to access an agricultural worker due to a violation of this part 2 may:

(a)

Commence an action in district court against an agricultural employer for a violation of this part 2; or

(b)

Assert a claim with the division pursuant to rules adopted by the director of the division against an agricultural employer. The director may investigate and order all remedies available in district court or may decline to investigate and thus authorize the complainant to file suit in district court. A decision by the director to decline to investigate must be made within ninety days after the claim is filed as established by rule of the director. The statute of limitations is tolled for the purpose of filing a claim in district court from the date that the claim is asserted until ninety days after the director declines to investigate the claim.

(2)

Intentionally left blank —Ed.

(a)

A court may:

(I)

Order injunctive relief to enjoin the continuance of the violation of this part 2;

(II)

Award the plaintiff actual damages or ten thousand dollars, whichever is greater; and

(III)

Award the plaintiff attorney fees.

(b)

Any amounts recovered by a whistleblower or key service provider pursuant to this section must be distributed to agricultural workers affected by the violation who can be located, insofar as such disbursement is economically feasible.

(3)

An aggrieved agricultural worker or whistleblower is entitled to all rights, remedies, and penalties afforded under section 8-2-206.

Source: Section 8-13.5-204 — Enforcement - penalties - relief - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

Green check means up to date. Up to date

Current through Fall 2024

§ 8-13.5-204’s source at colorado​.gov