PREVAILING WAGE AND RESIDENCY (PWR) RULES

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DEPARTMENT OF LABOR AND EMPLOYMENT

Division of Labor Standards and Statistics

PREVAILING WAGE AND RESIDENCY (PWR) RULES

7 CCR 1103-6

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

Adopted November 9, 2023, effective January 1, 2024.

Rule 1. Statement of Purpose; Dual Jurisdiction; Separability

1.1

The general purpose of these Prevailing Wage and Residency (PWR) Rules, 7 CCR 1103-6, is to

exercise the authority of this Division to administer and enforce the Keep Jobs in Colorado Act

(KJICA), C.R.S. Title 8, Article 17, C.R.S. § 8-17-101 et seq., the Colorado Quality Apprenticeship

Training Act of 2019, C.R.S. Title 24, Article 92, Part 2, C.R.S. § 24-92-201 et seq. (Prevailing

Wage Act), the Colorado Energy Sector Public Works Project Craft Labor Requirements Act,

C.R.S. Title 24, Article 92, Part 3, C.R.S. § 24-92-301 et seq., and the Thermal Energy Act,

C.R.S. Title 40, Article 3.2, Part 1 C.R.S. § 40-3.2-105.7. These rules are issued under the

authority and as enforcement of Articles 1, 4, 6, 17 of C.R.S. Title 8 (2023); C.R.S. § 24-92-

209(7); and are intended to be consistent with the State Administrative Procedure Act, C.R.S. §

24-4-101, et seq.

1.2

Incorporations by Reference. Hereby incorporated by reference into these PWR Rules are Title 8,

Articles 1, 4, 6, and 17 of the Colorado Revised Statutes (C.R.S.) (2023); Title 24, Article 92, of

the C.R.S. (2023); Title 40, Article 3.2, Part 1 of the C.R.S. (2023); the Wage Protection Rules, 7

CCR 1103-7 (2023); the Colorado WARNING Rules, 7 CCR 1103-11 (2023); and the Davis

Bacon Act and its implementing regulations, 40 U.S.C. § 3141 et seq (2023). Earlier versions of

such laws and rules may apply to events that occurred in prior years. Incorporation excludes later

amendments to or editions of the constitution, statutes, and rules; all cited laws are incorporated

in the forms that are in effect as of the effective date of these Rules

CCR 1103-11 (2023); and the Davis

Bacon Act and its implementing regulations, 40 U.S.C. § 3141 et seq (2023). Earlier versions of

such laws and rules may apply to events that occurred in prior years. Incorporation excludes later

amendments to or editions of the constitution, statutes, and rules; all cited laws are incorporated

in the forms that are in effect as of the effective date of these Rules. Where these Rules

reference another rule, the reference shall be deemed to include all subparts of the referenced

rule. Where these Rules have provisions different from or contrary to any incorporated or

referenced material, the provisions of these Rules govern, so long as they are consistent with

Colorado statutory and constitutional provisions. Except where any of these Rules, or any other

Colorado rules or statutes, provide otherwise, these Rules, as well as the Acts that these rules

implement and enforce should be interpreted consistently with the federal Davis-Bacon Act and

its implementing regulations, 40 U.S.C. § 3141 et seq. All sources cited or incorporated by

reference are available for public inspection at the Colorado Department of Labor and

Employment, Division of Labor Standards & Statistics, 633 17th Street, Denver CO 80202.

Copies may be obtained from the Division at a reasonable charge or can be accessed from the

website of the Colorado Secretary of State. Pursuant to C.R.S. § 24-4-103(12.5)(b), the agency

shall provide certified copies of them at cost upon request or provide the requestor information on

how to obtain a certified copy of the material incorporated by reference from the agency originally

issuing them. All Division rules are publicly available at www.coloradolaborlaw.gov.

Code of Colorado Regulations

Secretary of State

State of Colorado

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at cost upon request or provide the requestor information on

how to obtain a certified copy of the material incorporated by reference from the agency originally

issuing them. All Division rules are publicly available at www.coloradolaborlaw.gov.

Code of Colorado Regulations

Secretary of State

State of Colorado

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1.3

Administration and Dual Jurisdiction. The Division shall have jurisdiction over all questions arising

with respect to the administration and interpretation of these Rules. Pursuant to C.R.S. § 24-92-

202(3), the Department of Personnel and Administration (DPA) may promulgate additional rules

applicable to rights under C.R.S. Title 24, Article 92, Part 2. Given the remedial purposes of the

Prevailing Wage Act, in the event of any conflict between the DPA’s rules and these Rules, the

rule(s) providing greater protection for the rights of employees shall govern. Whenever employers

are subject to both Colorado and federal and/or local law, the law providing the greater protection

or setting the higher standard shall apply. For information on federal law, contact the U.S.

Department of Labor, Wage and Hour Division.

1.4

Separability. These Rules are intended to remain in effect to the maximum extent possible. If any

part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the

remainder of the Rules remain valid, and (B) if the provision is held not wholly invalid, but merely

in need of narrowing, the provision should be retained in narrowed form.

Rule 2. Definitions

2.1

“Agency of government” as used in the Prevailing Wage Act, C.R.S. § 24-92-201(1) means any

agency, department, division, board, bureau, commission, institution, or section of the state,

which is a budgetary unit exercising construction contracting authority or discretion

not wholly invalid, but merely

in need of narrowing, the provision should be retained in narrowed form.

Rule 2. Definitions

2.1

“Agency of government” as used in the Prevailing Wage Act, C.R.S. § 24-92-201(1) means any

agency, department, division, board, bureau, commission, institution, or section of the state,

which is a budgetary unit exercising construction contracting authority or discretion. “Agency of

government” does not include any county, city and county, city, municipality, town, school district,

special district, or any other political subdivision of the state.

2.1.1

“Contracting Agency” is the specific agency of government with which a contractor or

subcontractor has a contract for a public project.

2.2

“Authorized representative” means a person who is designated by a party to a complaint to

represent the party during the Division’s complaint and/or appeal process.

2.3

“Colorado labor” as used in KJICA, C.R.S. § 8-17-101(2)(a), means labor that is performed on a

public project by any person who is a resident of the state of Colorado, without discrimination as

to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or

religion, except when sex or age is a bona fide occupational qualification.

2.3.1

A resident of the state of Colorado is a person who can provide a valid Colorado driver’s

license, a valid Colorado state-issued photo identification, or other documentation

showing that the person has resided in Colorado for the last thirty days.

2.4

“Contractor” as used in the Prevailing Wage Act, C.R.S. § 24-92-201(2), means any employer,

person, entity, individual, partnership, association, corporation, business trust, legal

representative, or any organized group of persons that has a contract for a public project with a

Contracting Agency.

2.5

“Davis Bacon Act” refers to the Davis-Bacon and Related Acts (DBRA), 40 U.S.C. § 3141 et seq.

2.6

“Director” means the Director of the Colorado Division of Labor Standards and Statistics, or his or

her designee

idual, partnership, association, corporation, business trust, legal

representative, or any organized group of persons that has a contract for a public project with a

Contracting Agency.

2.5

“Davis Bacon Act” refers to the Davis-Bacon and Related Acts (DBRA), 40 U.S.C. § 3141 et seq.

2.6

“Director” means the Director of the Colorado Division of Labor Standards and Statistics, or his or

her designee.

2.7

“Division” means the Division of Labor Standards and Statistics within the Colorado Department

of Labor and Employment.

2.8

“Employees” and/or “workers” under KJICA and Prevailing Wage Act.

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2.8.1

Under KJICA, C.R.S. § 8-17-105, a “worker” is defined pursuant to the Davis Bacon Act,

29 C.F.R. § 5.2. Workers are those whose duties are manual or physical in nature

(including those workers who use tools or who are performing the work of a trade), as

distinguished from mental or managerial. The term does not apply to workers whose

duties are primarily administrative, executive, or clerical, rather than manual.

2.8.2

Under the Prevailing Wage Act, C.R.S. § 24-92-201(4), “employees” are workers who are

employees pursuant to the Colorado Wage Act, C.R.S. § 8-4-101(5), and who are

engaged by contractors or subcontractors to perform jobs on various types of public

projects, including as mechanics, laborers, or other construction workers.

2.9

“Fringe benefit”, as used in KJICA, C.R.S. § 8-17-105, is defined pursuant to the Davis Bacon

Act, 29 C.F.R. § 5.23

-92-201(4), “employees” are workers who are

employees pursuant to the Colorado Wage Act, C.R.S. § 8-4-101(5), and who are

engaged by contractors or subcontractors to perform jobs on various types of public

projects, including as mechanics, laborers, or other construction workers.

2.9

“Fringe benefit”, as used in KJICA, C.R.S. § 8-17-105, is defined pursuant to the Davis Bacon

Act, 29 C.F.R. § 5.23. Fringe benefit includes the rate of costs to the contractor or subcontractor

which may be reasonably anticipated in providing benefits to workers pursuant to an enforceable

commitment to carry out a financially responsible plan or program which was communicated in

writing to the workers affected, for medical or hospital care, pensions on retirement or death,

compensation for injuries or illness resulting from occupational activity, or insurance to provide

any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance,

or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other

similar programs, or for other bona fide fringe benefits.

2.10

"Public works project" or “public project” have the following definitions:

2.10.1 Under KJICA, C.R.S. § 8-17-101(2)(b), C.R.S. § 24-103-908(1), and C.R.S. § 24-92-

102(8), “public works project” has the same meaning as “public project,” and is defined

as:

(A)

any public project as defined in C.R.S. § 24-92-102(8), including any

construction, alteration, repair, demolition, or improvement of any land, building,

structure, facility, road, highway, bridge, or other public improvement suitable for

and intended for use in the promotion of the public health, welfare, or safety and

any maintenance programs for the upkeep of such projects, including any such

project awarded by any county, including any home rule county, municipality, as

defined in C.R.S. § 31-1-101(6), school district, special district, or other political

subdivision of the state. It does not include any project:

t suitable for

and intended for use in the promotion of the public health, welfare, or safety and

any maintenance programs for the upkeep of such projects, including any such

project awarded by any county, including any home rule county, municipality, as

defined in C.R.S. § 31-1-101(6), school district, special district, or other political

subdivision of the state. It does not include any project:

(1)

for which appropriation or expenditure of moneys may be reasonably

expected not to exceed five hundred thousand dollars in the aggregate

for any fiscal year;

(2)

under the supervision of the department of transportation for which

appropriation or expenditure of funds may be reasonably expected not to

exceed two hundred fifty thousand dollars in the aggregate of any fiscal

year; or

(3)

that is financed with any amount of federal money.

(B)

any publicly funded contract for construction entered into by a governmental

body of the executive branch of the state of Colorado which is subject to the

“Procurement Code,” articles 101 to 112 of title 24, C.R.S.; and

(C)

any highway or bridge construction, whether undertaken by the department of

transportation or by any political subdivision of the state of Colorado, in which the

expenditure of funds may be reasonably expected to exceed fifty thousand

dollars.

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2.10.2 Under the Prevailing Wage Act, C.R.S. § 24-92-201, “public project”:

(A)

means any construction, alteration, repair, demolition, or improvement of any

land, building, structure, facility, road, highway, bridge, or other public

improvement suitable for and intended for use in the promotion of public health,

welfare, or safety and any operation or maintenance programs for the operation

and upkeep of such projects

ailing Wage Act, C.R.S. § 24-92-201, “public project”:

(A)

means any construction, alteration, repair, demolition, or improvement of any

land, building, structure, facility, road, highway, bridge, or other public

improvement suitable for and intended for use in the promotion of public health,

welfare, or safety and any operation or maintenance programs for the operation

and upkeep of such projects. “Public project” includes any work, construction, or

repair performed by a private party through a contract to rent, lease, or purchase

at least fifty percent of the project by one or more agencies of government, and

may include projects undertaken pursuant to contracts awarded under Title 24,

Article 92, Part 1, C.R.S., or under Title 24, Article 93, C.R.S. It does not include

any project:

(1)

that receives federal funding; or

(2)

for which the contracting agency is the Department of Transportation.

(B)

includes an “energy sector public works project,” as defined by C.R.S. § 24-92-

303(5), and may include thermal energy network or thermal energy system

projects, as defined by C.R.S. § 40-3.2-108. It does not include any project:

(1)

for which a public utility or cooperative electric association invitation for

bids or proposals was issued before January 1, 2024; or

(2)

listed under C.R.S. § 24-92-304(1)(c).

2.11

“Site of the project” as used in KJICA, C.R.S. § 8-17-105, is defined pursuant to the Davis Bacon

Act definition of “site of the work,” 29 C.F.R. § 5.2. Site of the project is the physical place or

places where the building or work called for in the contract will remain; and any other site where a

significant portion of the building or work is constructed, provided that such site is either

established specifically for the performance of the contract or project or dedicated exclusively, or

nearly so, to the performance of the contract or project for a specific period of time

physical place or

places where the building or work called for in the contract will remain; and any other site where a

significant portion of the building or work is constructed, provided that such site is either

established specifically for the performance of the contract or project or dedicated exclusively, or

nearly so, to the performance of the contract or project for a specific period of time.

2.11.1 Not included in the site of the project are permanent home offices, branch plant

establishments, fabrication plants, tool yards, etc., of a contractor or subcontractor whose

location and continuance in operation are determined wholly without regard to a particular

public works contract or project.

2.12

A “wage determination” as defined by the Prevailing Wage Act, C.R.S. § 24-92-205(1), is the

determination made by the Colorado Department of Personnel and Administration establishing

prevailing wage rates for the applicable trade or occupation and the particular geographical

locality of the public project. A “wage determination” includes the original decision and any

subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of

the original decision.

2.13

“Wages,” “scale of wages,” “wage rates,” “minimum wages,” and “prevailing wages” as defined by

the Prevailing Wage Act, C.R.S. § 24-92-201(6), means:

(A)

The employee’s basic hourly rate of pay;

(B)

Any contribution irrevocably made by a contractor or subcontractor to a trustee or to a

third person pursuant to a bona fide fringe benefit fund, plan, or program; and

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es,” and “prevailing wages” as defined by

the Prevailing Wage Act, C.R.S. § 24-92-201(6), means:

(A)

The employee’s basic hourly rate of pay;

(B)

Any contribution irrevocably made by a contractor or subcontractor to a trustee or to a

third person pursuant to a bona fide fringe benefit fund, plan, or program; and

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(C)

The rate of costs to the contractor or subcontractor which may be reasonably anticipated

in providing bona fide fringe benefits to laborers, mechanics, and other construction

workers pursuant to an enforceable commitment to carry out a financially responsible

plan or program, which was communicated in writing to the workers affected in advance.

Unless otherwise noted, when used herein, the term “wages” includes fringe benefits, except

where it is used to refer to wages as defined in the Colorado Wage Act, C.R.S. § 8-4-101(14).

2.14

A “willful violation,” as defined by the Prevailing Wage Act, C.R.S. § 24-92-209(2)(b), includes an

intentional violation and a violation made with reckless disregard or deliberate ignorance of the

law. A contractor or subcontractor acts with “reckless disregard” of the requirements of the law if,

for example, it should have inquired further into whether its conduct was in compliance with the

law and failed to make adequate further inquiry. Whether employees accepted or agreed to

accept less than the required rate of wages or voluntarily made refunds is not a defense to

willfulness.

Rule 3. KJICA: The “Colorado Labor” Requirement and Contractor Obligations

3.1

Under C.R.S. § 8-17-101(1), workers meeting the Rule 2.3 definition of “Colorado labor” are

required to perform at least eighty percent of the work on public projects undertaken in the state

of Colorado and financed in whole or in part by funds of the state of Colorado or its counties,

school districts, or municipalities, unless the requirement is waived by the governmental body

financing the public works project

-17-101(1), workers meeting the Rule 2.3 definition of “Colorado labor” are

required to perform at least eighty percent of the work on public projects undertaken in the state

of Colorado and financed in whole or in part by funds of the state of Colorado or its counties,

school districts, or municipalities, unless the requirement is waived by the governmental body

financing the public works project.

3.2

Compliance with Rule 3.1 is measured over the entirety of the completed project, and is

determined using the total taxable wages and fringe benefits paid to workers meeting the Rule

2.3 definition of “Colorado labor,” minus any per diem payments made to such workers.

3.3

In order to meet the Rule 2.3 definition of “Colorado labor,” workers must provide contractors with

adequate proof of residency.

3.3.1

Each contractor shall retain the documentation required under the law for at least ninety

days after the completion of the project.

3.3.2

Workers who establish residency during the course of the project also qualify as

“Colorado labor” under Rule 2.3.

3.3.3

The Division assesses the acceptability and validity of residency documentation on a

case-by-case basis. The Division examines the totality of the circumstances and the

evidence provided for each covered worker in the reviewing of residency documentation.

Examples of potentially acceptable residency documentation may include, but are not

limited to:

(A)

valid Colorado’s driver’s license or state-issued photo identification;

(B)

Colorado voter registration;

(C)

utility or water bill;

(D)

rental lease;

(E)

state income tax returns; and/or

(F)

documentation reflecting ownership of residential real property in Colorado.

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tion may include, but are not

limited to:

(A)

valid Colorado’s driver’s license or state-issued photo identification;

(B)

Colorado voter registration;

(C)

utility or water bill;

(D)

rental lease;

(E)

state income tax returns; and/or

(F)

documentation reflecting ownership of residential real property in Colorado.

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3.3.4

The following documentation must be provided by the contractor to the Division in the

event of an investigation:

(A)

documentation reflecting the taxable wages and fringe benefits for each covered

worker on the public works project; and

(B)

the required residency documentation for each covered worker on the public

works project.

3.4

The governmental body financing a public works project shall waive the eighty percent

requirement if there is reasonable evidence to demonstrate insufficient Colorado labor to perform

the work of the project and if compliance with the law would create an undue burden that would

substantially prevent a project from proceeding to completion.

3.4.1

A governmental body that allows a waiver shall post notice of the waiver and a

justification for the waiver on its website.

3.4.2

A governmental body shall not impose contractual damages on a contractor for a delay in

work due to the waiver process.

3.5

All contracts let for public works financed in whole or in part by funds of the state, counties,

school districts, or municipalities of the state of Colorado shall contain provisions for the

preference in employment of Colorado labor.

Rule 4. Prevailing Wage Act: Contractor Payment Obligations

4.1

A contractor or subcontractor is required to pay all laborers, mechanics, and other construction

workers all wages owed under the Prevailing Wage Act, C.R.S. § 24-92-202, no less frequently

than once every seven calendar days (not workdays), regardless of any contractual relationship

which may be alleged to exist between the contractor or subcontractor and such employees

or Payment Obligations

4.1

A contractor or subcontractor is required to pay all laborers, mechanics, and other construction

workers all wages owed under the Prevailing Wage Act, C.R.S. § 24-92-202, no less frequently

than once every seven calendar days (not workdays), regardless of any contractual relationship

which may be alleged to exist between the contractor or subcontractor and such employees.

4.2

A contractor or subcontractor may discharge its minimum obligation for the payment of wages as

contained in a wage determination by paying all employees the full amount unconditionally and at

least once per week, the prevailing wage as defined in Rule 2.13.

4.3

An employee performing multiple positions with differing prevailing wage rates or classifications

must be paid the appropriate wages on the wage determination for the classification(s) of work

actually performed, without regard to skill.

Rule 5. Prevailing Wage Act: Coverage of Energy Projects

5.1

Contracts between lead contractors and the owners of an energy sector public works project, as

defined in C.R.S. § 24-92-303(5), must include provisions expressly requiring that all work

performed under the contract comply with the apprenticeship requirements of C.R.S. § 24-92-

115(7) and prevailing wage requirements in C.R.S. § 24-92-201 et seq. if:

(A)

the energy sector public works project (1) is either (a) a power generation project with a

nameplate generation capacity of one megawatt or higher, or (b) an energy storage

system as defined by C.R.S. § 40-2-202 with an energy rating of one megawatt of power

capacity or four megawatt hours of useable energy capacity or higher, and (2) has

aggregated public assistance from the state of five hundred thousand dollars or more

(C.R.S. § 24-92-304(1)(b)(I)); or

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(B)

the energy sector public works project (1) is included under C.R.S. § 24-92-303(5)(b)(II),

awatt of power

capacity or four megawatt hours of useable energy capacity or higher, and (2) has

aggregated public assistance from the state of five hundred thousand dollars or more

(C.R.S. § 24-92-304(1)(b)(I)); or

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(B)

the energy sector public works project (1) is included under C.R.S. § 24-92-303(5)(b)(II),

(2) has a total project cost of one million dollars or more, and (3) has aggregated public

assistance from the state, funding from a public utility, or funding from a cooperative

electric association of five hundred thousand dollars or more (C.R.S. § 24-92-

304(1)(b)(II)).

5.2

Owners of energy sector public works projects must either (A) provide quarterly copies of “craft

labor certifications” to the Division, or (B) require by contract that lead contractors do so. C.R.S. §

24-92-305(4). This Rule does not apply to an energy sector public works project where all

construction work is covered by a “project labor agreement” as defined in C.R.S. § 24-92-303(9).

C.R.S. § 24-92-306(2).

5.2.1

Craft labor certifications are “all documentation and certification of payroll required for an

energy sector public works project in accordance with the requirements of section[s] 24-

92-115(7)” and 24-92-201 et seq. C.R.S. § 24-92-303(4).

5.2.2

Craft labor certifications must include (A) a sworn attestation that the lead contractor is

fully compliant with these requirements, and (B) identical, equivalent craft labor

certifications for all subcontractors participating in the energy sector public works project,

C.R.S. § 24-92-305(3), and are additionally required as reports to the Division pursuant to

C.R.S. §§ 8-1-114, 8-1-117.

5.2.3

Craft labor certifications should be submitted to the Division quarterly, by the end of the

month following the close of each calendar quarter (January-March, etc.), pursuant to

instructions posted at www.coloradolaborlaw.gov

ating in the energy sector public works project,

C.R.S. § 24-92-305(3), and are additionally required as reports to the Division pursuant to

C.R.S. §§ 8-1-114, 8-1-117.

5.2.3

Craft labor certifications should be submitted to the Division quarterly, by the end of the

month following the close of each calendar quarter (January-March, etc.), pursuant to

instructions posted at www.coloradolaborlaw.gov.

5.3

Any thermal energy network project or thermal energy system project that an agency of

government or a state institution of higher education procures, and that is a public project, must

comply with:

(A)

the prevailing wage requirements of C.R.S. § 24-92-201 et seq. if the estimated contract

cost of the project is five hundred thousand dollars or more (C.R.S. § 40-3.2-105.7(1)(b));

and

(B)

the apprenticeship requirements of C.R.S. § 24-92-115 if the estimated contract cost of

the project is one million dollars or more (C.R.S. § 40-3.2-105.7(1)(a)).

Rule 6. Filing and Investigation of Complaints

6.1

KJICA Complaints

6.1.1

A person who alleges a potential violation of KJICA may file a complaint with the Division

within ninety days after the date the public project was completed (not the date that the

work was performed).

(A)

Anonymous complaints are not accepted by the Division.

(B)

Complaints shall be filed using the Division-approved form, and the complaint

shall include the complainant’s signature, contact information, and the basis for

the complaint. Failure to include this information on the complaint form may result

in administrative dismissal of the complaint.

6.1.2

Upon the receipt of a KJICA complaint, the Division shall notify the contractor of the

complaint.

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all include the complainant’s signature, contact information, and the basis for

the complaint. Failure to include this information on the complaint form may result

in administrative dismissal of the complaint.

6.1.2

Upon the receipt of a KJICA complaint, the Division shall notify the contractor of the

complaint.

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6.1.3

Either party may designate an authorized representative to act on its behalf in filing a

complaint with the Division. The party may designate an authorized representative by

filing the Division-approved form with the Division. The party may revoke the authorized

representative’s authority by contacting the Division in writing.

6.1.4

The Division commences the investigation only after completion of the project.

6.1.5

The Division investigates KJICA complaints pursuant to the Wage Protection Rules, 7

CCR 1103-7, to the extent not inconsistent with those Rules.

6.2

Prevailing Wage Act Complaints

6.2.1

An employee, former employee, or contracting agency (“complainant”) may file a

complaint with the contracting agency for a public project regarding any perceived

violation of the prevailing wage requirements of Title 24, Article 92, Part 2 or Rule 4 of

these Rules.

(A)

A complainant may, but is not required to, use the Division’s public project

prevailing wage complaint form to file a complaint with the contracting agency.

(B)

Upon receipt of a complaint, the contracting agency shall report the perceived

violation to the contractor of the project, and, if applicable, the subcontractor

which is the subject of the complaint within 48 hours of being made aware of the

alleged violation.

(C)

If, within fifteen days of being notified of the alleged violation, the contractor or

subcontractor (1) demonstrates to the contracting agency that no violation

occurred or that any violation was the result of legitimate administrative error and

the project, and, if applicable, the subcontractor

which is the subject of the complaint within 48 hours of being made aware of the

alleged violation.

(C)

If, within fifteen days of being notified of the alleged violation, the contractor or

subcontractor (1) demonstrates to the contracting agency that no violation

occurred or that any violation was the result of legitimate administrative error and

(2) remedies any violation, the complaint shall be dismissed.

(D)

If the contracting agency determines that a “willful violation” occurred or the

contractor or subcontractor fails to remedy any alleged violation within fifteen

days of being notified, the contracting agency shall report the violation to the

Division. Upon receiving a report of an alleged violation from a contracting

agency, the Division will treat the report as a complaint and investigate it

pursuant to the Wage Protection Rules, 7 CCR 1103-7, to the extent not

inconsistent with those Rules, to determine if the perceived violation was

conducted in a willful manner, as defined in Rule 2.18 of these Rules.

6.2.2

If a complaint is not resolved by either the contracting agency, or the Division, the

complaining employee or former employee may file a civil action in court within 120 days

from the later of: (A) the employee’s complaint to the contracting agency, if it is not

resolved under Rule 6.2.1(C) or reported to the Division under Rule 6.2.1(D) of these

Rules in that time; or (B) the Division’s determination pursuant to Rule 5 of the Wage

Protection Rules, 7 CCR 1103-7.

(A)

Such civil action may be brought in the district court for the county where the

alleged violation occurred, the county where the complainant resides, or the

county where the person against whom in the civil complaint is filed resides or

has their principal place of business, and must be brought within three years after

the occurrence of the alleged violation

age

Protection Rules, 7 CCR 1103-7.

(A)

Such civil action may be brought in the district court for the county where the

alleged violation occurred, the county where the complainant resides, or the

county where the person against whom in the civil complaint is filed resides or

has their principal place of business, and must be brought within three years after

the occurrence of the alleged violation.

(B)

Such civil action may be brought for appropriate injunctive relief, actual damages,

or both, and may be brought by one or more employees or former employees on

behalf of him or herself or themselves and other employees similarly situated.

CODE OF COLORADO REGULATIONS

71 CCR 1103-6

Division of Labor Standards and Statistics

9

Rule 7. Remedies and Fines

7.1

KJICA Remedies and Fines

7.1.1

If the Division determines that a contractor has knowingly violated Rule 3, it shall subject

the contractor to the following fines:

(A)

for the first violation, either five thousand dollars or an amount equal to one

percent of the cost of the contract, whichever is less;

(B)

for the second violation, either ten thousand dollars or an amount equal to one

percent of the cost of the contract, whichever is less; or

(C)

for the third violation and any subsequent violation thereafter, either twenty-five

thousand dollars or an amount equal to one percent of the cost of the contract,

whichever is less.

If the Division has imposed three or more KJICA fines on a contractor within the past five

years and finds the violations to be egregious, the Division may initiate the process to

debar the contractor pursuant to C.R.S. § 24-109-105

iolation and any subsequent violation thereafter, either twenty-five

thousand dollars or an amount equal to one percent of the cost of the contract,

whichever is less.

If the Division has imposed three or more KJICA fines on a contractor within the past five

years and finds the violations to be egregious, the Division may initiate the process to

debar the contractor pursuant to C.R.S. § 24-109-105.

7.2

Prevailing Wage Act Remedies and Fines

7.2.1

If the Division reaches a determination pursuant to Rule 5 of the Wage Protection Rules,

7 CCR 1103-7, that a willful violation of Rule 4 of these Rules occurred, the Division may

order any remedies permitted by law, including but not limited to that the Division:

(A)

shall order restitution of applicable back pay for the impacted employees,

including damages in an amount equal to the amount of unpaid wages or

benefits owed, and any penalties that may be awarded under the Colorado Wage

Act (unpaid fringe benefit contributions owed shall be paid to the appropriate

benefit fund, except that in the absence of an appropriate fund the benefit shall

be paid directly to the individuals), and

(B)

shall subject the contractor to the following fines:

(1)

for the first violation, five thousand dollars;

(2)

for the second violation, ten thousand dollars; and

(3)

for the third violation and all subsequent violations thereafter, twenty-five

thousand dollars.

Rule 8. Retaliation Prohibited

8.1

It is unlawful to retaliate for filing any complaint, or instituting or causing to be instituted any

proceeding, under any law or rule related to wages or hours, including but not limited to these

Rules and the statutes they implement, under C.R.S. §§ 8-4-120, 8-6-115, Rules 4.7 – 4.8 of the

Wage Protection Rules, 7 CCR 1103-7, and the Colorado WARNING Rules, 7 CCR 1103-11.

Rule 9

n Prohibited

8.1

It is unlawful to retaliate for filing any complaint, or instituting or causing to be instituted any

proceeding, under any law or rule related to wages or hours, including but not limited to these

Rules and the statutes they implement, under C.R.S. §§ 8-4-120, 8-6-115, Rules 4.7 – 4.8 of the

Wage Protection Rules, 7 CCR 1103-7, and the Colorado WARNING Rules, 7 CCR 1103-11.

Rule 9. Appeals

9.1

A complainant or respondent may appeal a Division determination pursuant to Rule 6 of the

Wage Protection Rules, 7 CCR 1103-7, to the maximum extent consistent with the Colorado

Administrative Procedure Act, C.R.S. §§ 24-4-105, 24-4-106.

CODE OF COLORADO REGULATIONS

71 CCR 1103-6

Division of Labor Standards and Statistics

10