# 7 CCR 1103-7: WAGE PROTECTION RULES

> Colorado · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_7

## Section

- **Citation:** 7 CCR 1103-7
- **Heading:** WAGE PROTECTION RULES
- **Jurisdiction:** Colorado
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Colorado Regulations / 1100 Department of Labor and Employment / 1101 Division of Labor Standards and Statistics (Includes 1103 Series) / 7 CCR 1103-7

## Text

1
DEPARTMENT OF LABOR AND EMPLOYMENT
Division of Labor Standards and Statistics
WAGE PROTECTION RULES
7 CCR 1103-7
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
Adopted December 8, 2025; effective February 1, 2026.
Rule 1.
Statement of Purpose and Authority
1.1
Authority and relation to other orders. The general purpose of these Wage
Protection Rules (Rules) is to implement labor laws within the jurisdiction of the
Division, including but not limited to the Colorado Wage Act (CWA) as amended
by the Wage Protection Act (WPA) of 2014, C.R.S. § 8-4-101 et seq.; the Healthy
Families and Workplaces Act (HFWA) of 2020, C.R.S. § 8-13.3-401 et seq.; the
Agricultural Labor Rights and Responsibilities Act, as codified in relevant part at
C.R.S. §§ 8-6-101.5, 8-6-120, and 8-13.5-201 et seq.; the Equal Pay for Equal
Work Act (EPEWA), C.R.S. Title 8, Article 5 (C.R.S. §§ 8-5-101 et seq.); the
Colorado Employment Opportunity Act, C.R.S. § 8-2-126; the Social Media and
the Workplace Law, § 8-2-127; the Chance to Compete Act, C.R.S. § 8-2-130;
and the Job Application Fairness Act, C.R.S. § 8-2-131. These rules are adopted
pursuant to the Division’s authority in, and as enforcement of, Articles 1, 2, 4-6,
12, 13.3, and 13.5 of Title 8, C.R.S., and are intended to be consistent with the
requirements of the State Administrative Procedure Act, C.R.S. § 24-4-103, and
provisions of these Articles. Unless otherwise noted, in these Rules: all statutes
cited apply the most recent versions of the Colorado Revised Statutes; all rules
cited apply the most recent versions adopted as of the adoption of these Rules.
Code of Colorado Regulations
Secretary of State
State of Colorado

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and
provisions of these Articles. Unless otherwise noted, in these Rules: all statutes
cited apply the most recent versions of the Colorado Revised Statutes; all rules
cited apply the most recent versions adopted as of the adoption of these Rules.
Code of Colorado Regulations
Secretary of State
State of Colorado

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1.2
Incorporation by reference. The Wage Protection Rules incorporate by reference
only the following rules stated in Part 578 within Title 29 of the Code of Federal
Regulations: 29 C.F.R. § 578.3(c), except as identified in Wage Protection Rule
2.18. These rules are available to the public in electronic form at
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-
578/section-578.3, as adopted by the United States Department of Labor’s Wage
and Hour Division, located at 200 Constitution Ave NW, Washington, DC 20210.
All incorporated rules refer to the date and edition of those rules in effect as of
the effective date of these Wage Protection Rules, February 1, 2026, and
exclude later amendments to or editions of the rules incorporated by reference.
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, 707 17th Street, Denver, CO 80202. Copies may be
obtained from the Division of Labor Standards & Statistics at a reasonable
charge. They can be accessed electronically 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 shall provide the
requestor with information on how to obtain a certified copy of the material
incorporated by reference from the agency originally issuing them. All Division
Rules are available to the public at www.coloradolaborlaw.gov.
1.3
Separability. These Rules are intended to remain in effect to the maximum extent
possible
gency shall
provide certified copies of them at cost upon request or shall provide the
requestor with information on how to obtain a certified copy of the material
incorporated by reference from the agency originally issuing them. All Division
Rules are available to the public at www.coloradolaborlaw.gov.
1.3
Separability. These Rules are intended to remain in effect to the maximum extent
possible. If any part of a rule (including any section, sentence, clause, phrase,
word, or number) is held invalid, (A) the remainder of the rule remains 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.
1.4
The Director of the Division of Labor Standards and Statistics in the Department
of Labor and Employment (Director) has the authority to enforce the statutes
cited in Rule 1.1 above and these Rules.
Rule 2.
Definitions and Clarifications
2.1
“Administrative procedure” means the process used by the Division to investigate
wage complaints in accordance with C.R.S. § 8-4-111 and C.R.S. §§ 8-13.3-
407(4), -410, and -411.
2.2
“Authorized representative” means a person designated by a party to a wage
complaint to represent the party during the Division’s administrative procedure.
To designate an authorized representative, the party must comply with the
requirements of Rule 4.3.

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8-4-111 and C.R.S. §§ 8-13.3-
407(4), -410, and -411.
2.2
“Authorized representative” means a person designated by a party to a wage
complaint to represent the party during the Division’s administrative procedure.
To designate an authorized representative, the party must comply with the
requirements of Rule 4.3.

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2.3
“Average daily earnings,” as formerly used in C.R.S. § 8-4-109(3)(b), will be
calculated as follows, unless the Division identifies a legitimate reason to use a
different method of calculation:
2.3.1 The most recent typical workweek or pay period will generally be used to
calculate the average daily earnings. The total gross amount of wages and
compensation will be divided by the number of days worked.
2.3.2 If an employee is entitled to and has been paid less than the Colorado
minimum wage, and has not earned more than the Colorado minimum
wage, then the Colorado minimum wage will be used to calculate average
daily earnings.
2.3.3 All compensation paid to employees, including the hourly rate, shift
differential, minimum wage tip credit, regularly occurring non-discretionary
bonuses, commissions, and overtime may be included in the average daily
earnings calculation.
2.4
“Certified copy,” as used in C.R.S. § 8-4-113, means a copy of a Division
decision issued and signed by the Director of the Division, or his or her designee
(including any Division staff designated to issue such decision), certifying that the
document is a true and accurate copy of the decision. A certified copy must be
requested in writing or may be issued by the Division on its own initiative
.4
“Certified copy,” as used in C.R.S. § 8-4-113, means a copy of a Division
decision issued and signed by the Director of the Division, or his or her designee
(including any Division staff designated to issue such decision), certifying that the
document is a true and accurate copy of the decision. A certified copy must be
requested in writing or may be issued by the Division on its own initiative. A
Division decision (issued by investigative or hearing staff) will not be filed in court
unless two weeks have passed since the appeal deadline and either (1) no
appeal has been filed or (2) if an appeal or other legal challenge was timely filed,
the decision was not superseded on appeal nor subject to any order barring the
filing or enforcement of a certified copy. A certified copy will not be issued in the
event of termination pursuant to C.R.S. § 8-4-111(3).
2.5
“Determination” means a decision issued by investigative staff upon the
conclusion of a wage complaint investigation. “Determination” includes: Citation
and Notice of Assessment, Determination of Compliance, and Notice of
Administrative Dismissal, if that Notice of Administrative Dismissal is issued after
the Division initiated the administrative procedure as described in Rule 4.4.
2.6
“Employee” has the following definitions:

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2.6.1 Under the CWA, C.R.S. § 8-4-101(5), an “employee” means any person,
including a migratory laborer, performing labor or services for the benefit
of an employer
missal is issued after
the Division initiated the administrative procedure as described in Rule 4.4.
2.6
“Employee” has the following definitions:

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2.6.1 Under the CWA, C.R.S. § 8-4-101(5), an “employee” means any person,
including a migratory laborer, performing labor or services for the benefit
of an employer. For the purpose of these Rules, relevant factors in
determining whether a person is an employee include the degree of
control the employer may or does exercise over the person and the
degree to which the person performs work that is the primary work of the
employer; except that an individual primarily free from control and
direction in the performance of the service, both under his or her contract
for the performance of service and in fact, and who is customarily
engaged in an independent trade, occupation, profession, or business
related to the service performed is not an “employee”.
2.6.2 Under the HFWA, C.R.S. § 8-13.3-402(4), “employee” has the same
meaning as in C.R.S. § 8-4-101(5), but does not include an “employee” as
defined in 45 U.S.C. § 351(d), who is subject to the federal “Railroad
Unemployment Insurance Act,” 45 U.S.C. § 351 et seq. An employee’s
“family member” means (1) an employee’s immediate family member, as
defined in C.R.S. § 2-4-401(3.7); (2) a child to whom the employee stands
in loco parentis or a person who stood in loco parentis to the employee
when the employee was a minor; or (3) a person for whom the employee
is responsible for providing or arranging health- or safety-related care.
C.R.S. § 8-13.3-402(6).
2.7
“Employer” has the following definitions:
2.7.1 Under the CWA, C.R.S. § 8-4-101(6), and as applied by the COMPS
Order, “employer” has the same meaning as in the federal Fair Labor
Standards Act, 29 U.S.C
parentis to the employee
when the employee was a minor; or (3) a person for whom the employee
is responsible for providing or arranging health- or safety-related care.
C.R.S. § 8-13.3-402(6).
2.7
“Employer” has the following definitions:
2.7.1 Under the CWA, C.R.S. § 8-4-101(6), and as applied by the COMPS
Order, “employer” has the same meaning as in the federal Fair Labor
Standards Act, 29 U.S.C. § 203(d), and includes a foreign labor
contractor, a migratory field labor contractor or crew leader, and each
individual who owns or controls at least 25 percent of the ownership
interests in an employer; except for a minority owner of the employer that
demonstrates full delegation of its authority to control day-to-day
operations of the employer; the state or its agencies or entities, counties,
cities and counties, municipal corporations, quasi-municipal corporations,
school districts, and irrigation, reservoir, or drainage conservation
companies or districts organized and existing under the laws of Colorado.
“Foreign labor contractor” and “field labor contractor” have the definitions
in C.R.S. § 8-4-101(7), (8.5).

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2.7.2 Under the HFWA, C.R.S. § 8-13.3-402(5), “employer” has the same
meaning as in C.R.S. § 8-4-101(6), except that an “employer” also
includes the state and its agencies or entities, counties, cities and
counties, municipalities, school districts, and any political subdivisions of
the state, but does not include the federal government.
2.7.3 Under the HFWA, C.R.S. § 8-13.3-402(12), “successor employer” is “an
employing unit, whether or not an employing unit at the time of acquisition,
that . . . acquires all of an organization, a trade, or a business, or
substantially all of the assets, of one or more employers subject to”
HFWA. A “successor employer” is responsible for an acquired employer’s
HFWA obligations, including but not limited to accrued, requested, or in-
progress leave
ssor employer” is “an
employing unit, whether or not an employing unit at the time of acquisition,
that . . . acquires all of an organization, a trade, or a business, or
substantially all of the assets, of one or more employers subject to”
HFWA. A “successor employer” is responsible for an acquired employer’s
HFWA obligations, including but not limited to accrued, requested, or in-
progress leave.
(A)
Acquiring “substantially all of the assets” of an employer is the
acquisition by one corporation, in exchange solely for all or a part of
its voting stock, or in exchange solely for all or part of the voting
stock of a corporation which is in control of the acquiring
corporation, of substantially all of the properties of another
corporation, but in determining whether the exchange is solely for
stock the assumption by the acquiring corporation of a liability of
the other shall be disregarded;
(B)
“Substantially all,” as used in Rule 2.7.3(A), is satisfied if there is a
transfer of assets representing at least 90 percent of the fair market
value of the net assets and at least 70 percent of the fair market
value of the gross assets held by the corporation immediately
preceding the transfer and which are part of the plan of
reorganization will be considered as assets held by the corporation
immediately prior to the transfer;
(C)
A “trade” or a “business,” as used in C.R.S. § 8-13.3-402(12),
includes an employer’s work force.
2.8
A “correct address” for a party, including but not limited to as used in C.R.S
of the gross assets held by the corporation immediately
preceding the transfer and which are part of the plan of
reorganization will be considered as assets held by the corporation
immediately prior to the transfer;
(C)
A “trade” or a “business,” as used in C.R.S. § 8-13.3-402(12),
includes an employer’s work force.
2.8
A “correct address” for a party, including but not limited to as used in C.R.S. § 8-
4-101(15) and these or other applicable Division rules, can include, but is not
limited to (unless defined otherwise by statute, rule, or order): a physical or email
address the party used, or provided to the Division, in the investigation (unless
the party notifies the Division to use an alternate valid address instead); the
party’s email address; the address on file with the Colorado Secretary of State for
the party or their registered agent; or an address actually used, or publicly posted
as a current address for mail or deliveries, by the party.

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2.9
When considering whether there is “good cause” for an extension of time,
including as used in C.R.S. § 8-4-113(1)(b), the Division will determine whether
the reason is substantial and reasonable and must take into account all available
information and circumstances pertaining to the specific complaint.
2.10 “Post,” including as used in C.R.S. § 8-4-107, may include electronic posting in a
place readily accessible to all employees.
2.11 “Public health emergency” is defined as in C.R.S. § 8-13.3-402. A public health
emergency is “declared” by any initial, amended, extended, restated, or
prolonged declaration of an emergency that meets the statutory definition. During
a public health emergency, employees have a right to use up to 80 hours of paid
sick leave, that the employer must supplement to an employee who lacks enough
previously accrued sick leave. Employees can use up to 80 hours of leave for
reasons listed in C.R.S
“declared” by any initial, amended, extended, restated, or
prolonged declaration of an emergency that meets the statutory definition. During
a public health emergency, employees have a right to use up to 80 hours of paid
sick leave, that the employer must supplement to an employee who lacks enough
previously accrued sick leave. Employees can use up to 80 hours of leave for
reasons listed in C.R.S. § 8-13.3-405(3) only once during the entirety of a public
health emergency even if such public health emergency is amended, extended,
restated, or prolonged.
2.12 “Records reflecting the information contained in an employee’s itemized pay
statement,” as used in C.R.S. § 8-4-103(4.5), may be kept electronically. The
records are not required to be copies of the pay statements but must reflect all
information contained in the pay statements.
2.13 “Terminated employee,” as used in C.R.S. § 8-4-105(1)(e)(I), includes any
employee separated from employment, whether the separation occurs by volition
of the employer or the employee.
2.14 The Division may enforce the gratuity provisions described in C.R.S. § 8-4-103(6)
through the administrative procedure described in C.R.S. § 8-4-111. The legal
treatment of “tips,” “gratuities,” or other monies paid on a similar basis, in any
source of law, is identical regardless of the terminology used.
2.15 “‘Wages’ or ‘compensation’” has the same meaning as in C.R.S. § 8-4-101(14).
“Paid sick leave” required by HFWA constitutes “wages” under C.R.S. § 8-4-
101(14); is covered by the provisions of C.R.S. Title 8, Article 4, and these Rules;
is defined as paid time off from work that is provided by an employer for one of
the qualifying reasons described in C.R.S. §§ 8-13.3-404 to -406. C.R.S. § 8-
13.3-402(8)(a), (b).

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d by HFWA constitutes “wages” under C.R.S. § 8-4-
101(14); is covered by the provisions of C.R.S. Title 8, Article 4, and these Rules;
is defined as paid time off from work that is provided by an employer for one of
the qualifying reasons described in C.R.S. §§ 8-13.3-404 to -406. C.R.S. § 8-
13.3-402(8)(a), (b).

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2.16 A “written demand,” including as used in C.R.S. § 8-4-101(15), can be sent to the
employer by electronic means, including but not limited to email and text
message. Wages must be owed and past due at the time of sending for the
written demand to be considered valid. The penalty provisions in C.R.S. § 8-4-
109(3)(b) effective on January 1, 2023, shall apply if the 14-day deadline for
payment after the sending of a written demand without penalties passes on or
after January 1, 2023, unless a prior written demand was sent more than 14 days
before January 1, 2023. Notwithstanding the foregoing, when a Division Notice of
Complaint (or other Division-issued document satisfying the requirements of a
written demand) is sent where the 14-day deadline for payment is on or after
January 1, 2023, the passing of that deadline triggers those penalty provisions,
regardless of whether a prior written demand was sent before the Division’s.
2.17 Vacation Pay.
2.17.1 C.R.S. § 8-4-101(14)(a)(III), includes in the definition of “‘wages’ or
‘compensation’”: “Vacation pay earned in accordance with the terms of
any agreement
is sent where the 14-day deadline for payment is on or after
January 1, 2023, the passing of that deadline triggers those penalty provisions,
regardless of whether a prior written demand was sent before the Division’s.
2.17 Vacation Pay.
2.17.1 C.R.S. § 8-4-101(14)(a)(III), includes in the definition of “‘wages’ or
‘compensation’”: “Vacation pay earned in accordance with the terms of
any agreement. If an employer provides paid vacation for an employee,
the employer shall pay upon separation from employment all vacation pay
earned and determinable in accordance with the terms of any agreement
between the employer and the employee.” “Vacation pay” is pay for leave,
regardless of its label, that is usable at the employee’s discretion (other
than procedural requirements such as notice and approval of particular
dates), rather than leave usable only upon occurrence of a qualifying
event (for example, a medical need, caretaking requirement,
bereavement, or holiday).
2.17.2 The “earned and determinable in accordance with the terms” provision
does not allow a forfeiture of any earned (accrued) vacation pay, but does
allow agreements on matters such as: (1) whether there is any vacation
pay at all; (2) the amount of vacation pay per year or other period; (3)
whether vacation pay accrues all at once, proportionally each week,
month, or other period; and (4) whether there is a cap of one year’s worth
(or more) of vacation pay. Thus, employers may have policies that cap
employees at a year’s worth of vacation pay, but that do not forfeit any of
that year’s worth.
For example, an agreement for ten paid vacation days per year:
(A)
may provide that employees can accrue more than ten days, by
allowing carryover of vacation from year to year;
(B)
may cap employees at ten days; but

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ap
employees at a year’s worth of vacation pay, but that do not forfeit any of
that year’s worth.
For example, an agreement for ten paid vacation days per year:
(A)
may provide that employees can accrue more than ten days, by
allowing carryover of vacation from year to year;
(B)
may cap employees at ten days; but

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(C)
may not diminish an employee’s number of days (other than due to
use by the employee).
2.18 “Willful,” in Articles within C.R.S., Title 8, that this Division enforces or
administers, has the same meaning as under 29 C.F.R. § 578.3(c), implementing
the Fair Labor Standards Act, 29 U.S.C. § 255(a), which is incorporated by
reference and available to the public for review as stated in Rule 1.2, except that
as incorporated:
(A)
all references to the Fair Labor Standards Act shall include Articles within
C.R.S., Title 8, that this Division enforces or administers; and
(B)
the reference to “a responsible official of the Wage and Hour Division”
shall include any official of the Division.
2.19 C.R.S. § 8-4-103(1)(b) describes circumstances under which employers are
“subject to the penalties specified in section 8-4-113(1).” Despite use of the word
“penalties” in this section, this language does refer to the fine described in C.R.S.
§ 8-4-113(1) and is payable to the Division.
2.20 A complaint, appeal, or other submission to the Division is considered “filed” with
the Division when it is received by the Division via mail, fax, email, online
submission, or personal delivery. Any complaint, appeal, or other submission to
the Division received after 11:59 p.m. Mountain Time is considered filed the next
business day
bed in C.R.S.
§ 8-4-113(1) and is payable to the Division.
2.20 A complaint, appeal, or other submission to the Division is considered “filed” with
the Division when it is received by the Division via mail, fax, email, online
submission, or personal delivery. Any complaint, appeal, or other submission to
the Division received after 11:59 p.m. Mountain Time is considered filed the next
business day. Any such submission is considered “signed,” or to have a
“signature,” if it has either an ink signature, a scanned signature, an electronically
drawn or generated signature, or a typed name entered by the party or their
authorized representative in the signature area; by signing in any such fashion,
the individual is deemed to have agreed and assented that the document is
signed by them.
2.21 For purposes of Rules 8 and 9, “Division debtor” means any employer, or any
other person or entity, who owes wages, fines, or penalties determined by the
Division to be due to any employee(s), the Division, or any other party.
2.22 These Rules are to be read in conjunction with other rules promulgated and
enforced by the Division with additional requirements, including but not limited to
the Colorado Overtime and Minimum Pay Standards Order (COMPS Order), 7
CCR 1103-1, the Colorado Whistleblower, Anti-Retaliation, Non-Interference, and
Notice-Giving Rules (Colorado WARNING Rules), 7 CCR 1103-11, and the
Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC
Order), 7 CCR 1103-14.

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Colorado Overtime and Minimum Pay Standards Order (COMPS Order), 7
CCR 1103-1, the Colorado Whistleblower, Anti-Retaliation, Non-Interference, and
Notice-Giving Rules (Colorado WARNING Rules), 7 CCR 1103-11, and the
Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC
Order), 7 CCR 1103-14.

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Rule 3.
Filing a Wage Complaint
3.1
An employee who wishes to file a wage complaint with the Division shall use the
Division-approved form(s), and shall comply with any other Division instructions
as to information or submissions required by the Division.
3.1.1 A wage complaint may only be filed by the employee who did not receive
his or her wages or compensation.
3.1.2 A wage complaint shall include the employee’s signature, employee’s
contact information, employer’s contact information, and basis for the
wage complaint. Failure to include this information on the wage complaint
form may result in dismissal of the wage complaint.
3.1.3 The failure of an employee to respond in a timely manner to informational
or investigatory requests by the Division may result in dismissal of the
wage complaint.
3.1.4 If a wage complaint is dismissed before a Notice of Complaint is sent to
the employer because the employee failed to respond to a Division
request for information, the complaint may be reopened if the employee
provides the requested information or documentation to the Division within
35 days of the Division’s request for information. Employees may be
required to file a new complaint if the employee’s response is received
more than 35 days after the Division’s request for information.
3.1.5 The Division shall accept wage complaints for amounts of $7,500 or less,
per employee, for claims filed through June 30, 2026, and $13,000 or less,
per employee, for claims filed from July 1, 2026, through December 31,
2027
for information. Employees may be
required to file a new complaint if the employee’s response is received
more than 35 days after the Division’s request for information.
3.1.5 The Division shall accept wage complaints for amounts of $7,500 or less,
per employee, for claims filed through June 30, 2026, and $13,000 or less,
per employee, for claims filed from July 1, 2026, through December 31,
2027. As of January 1, 2028, this amount will be increased every other
year for inflation based on the consumer price index or $1,000, whichever
is greater, as provided in the annual PAY CALC Order. The Division may
investigate any amounts shown to be owed in an investigation, including in
investigations the Division initiates without a wage complaint.
3.1.6 An anonymous complaint is not a “wage complaint” within the meaning of
C.R.S. § 8-4-111 and C.R.S. §§ 8-13.3-402(8)(a)(I)-(II), - 407, -410, -411
and will not be investigated using the Division’s administrative procedure.
The Division may choose to address an anonymous complaint outside of
the administrative procedure.
3.2
An employee may pursue a wage complaint through either the court system or
the Division’s administrative procedure.

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3.2.1 Employees are not required to use the Division’s administrative procedure
in order to pursue a wage complaint in court.
3.2.2 The Division may dismiss or stay an investigation decided by, or pending
in, a court or other Labor Department with jurisdiction, based on the
Division’s judgment as to whether Division involvement would be
productive rather than duplicative.
3.2.3 As provided by C.R.S. § 8-4-113(2), a certified copy of any citation, notice
of assessment, or order imposing wages due, fines, or penalties pursuant
to this article may be filed with the clerk of any court having jurisdiction
over the parties at any time after the entry of the order
ed on the
Division’s judgment as to whether Division involvement would be
productive rather than duplicative.
3.2.3 As provided by C.R.S. § 8-4-113(2), a certified copy of any citation, notice
of assessment, or order imposing wages due, fines, or penalties pursuant
to this article may be filed with the clerk of any court having jurisdiction
over the parties at any time after the entry of the order. Such a filing can
be in a county or district court, and will thereby have the effect of a
judgment from which execution may issue.
3.3
The employee may withdraw the wage complaint, or their participation in a
complaint filed on their behalf as a similarly situated employee, at any time prior
to issuance of a determination by notifying the Division in writing.
3.4
The Division may exercise its discretion to consolidate complaints, or to have an
investigation sequenced and/or divided into two or more stages on discrete
questions of liability or relief (e.g., bifurcation), yielding two or more
determinations and/or phases of the investigation.
3.5
Accrual, use, and other matters relating to paid leave under HFWA.
3.5.1 Accrual of HFWA leave. Paid leave begins to accrue at the
commencement of employment or on January 1, 2021, whichever is later.
(A)
For the minimum HFWA accrual rate of one hour of leave for every
30 hours worked, up to cap of 48 hours per benefits year (C.R.S.
§ 8-13.3-403(2)(a)), accrual is based on all “time worked” under
Rule 1.9 of the COMPS Order, 7 CCR 1103-1, with regular and
overtime hours counting equally; except under C.R.S. § 8-13.3-
403(2)(c), an overtime-exempt employee accrues paid leave based
on their normal hours worked up to a maximum of forty per week.
Once employees have accrued 48 hours of paid leave during the
benefit year, they do not accrue more, except if an employer
chooses to provide paid leave in a greater amount. C.R.S. §§ 8-
13.3-403(2)(a), -413.

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-exempt employee accrues paid leave based
on their normal hours worked up to a maximum of forty per week.
Once employees have accrued 48 hours of paid leave during the
benefit year, they do not accrue more, except if an employer
chooses to provide paid leave in a greater amount. C.R.S. §§ 8-
13.3-403(2)(a), -413.

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(B)
For hours accrual for purposes of C.R.S. § 8-13.3-403(2)(a), the
best available, reasonable estimate shall be used for employees
paid on a fee-for-service basis for which hours are not ordinarily
tracked and cannot feasibly be tracked, except that higher
education adjunct faculty paid on a per-credit or per-course basis
shall be deemed to work three hours total for each in-class hour.
(C)
On the day a public health emergency is declared within the
definition of Rule 2.11, employers are required to immediately
provide each employee with additional hours of paid leave, usable
as of the date of the declaration, January 1, 2021, or the
employee’s first date of employment, whichever is later — whatever
the employee has accrued prior to the declaration of the public
health emergency at the regular HFWA rate (i.e., one hour per 30
worked, up to a maximum of 48 per benefit year), and a one-time
supplement with the number of hours needed for:
(1)
employees who normally work forty or more hours in a week
to have access to 80 hours of total paid leave; and
of employment, whichever is later — whatever
the employee has accrued prior to the declaration of the public
health emergency at the regular HFWA rate (i.e., one hour per 30
worked, up to a maximum of 48 per benefit year), and a one-time
supplement with the number of hours needed for:
(1)
employees who normally work forty or more hours in a week
to have access to 80 hours of total paid leave; and
(2)
employees who normally work under forty hours in a week to
have access to paid leave hours that are at least the greater
of the number of hours the employee (a) is scheduled for
work or paid leave in the 14-day period after the leave
request, or (b) actually worked in the 14-day period prior to
the declaration of the public health emergency or the leave
request, whichever is later.
(D)
During the entire duration of a public health emergency (i.e., during
the time between the date on which the emergency is declared and
four weeks after the date of the official termination or suspension of
the emergency declaration), employers:
(1)
are required to permit employees to take both (a) the paid
leave they have accrued prior to the declaration date of the
public health emergency pursuant to C.R.S. § 8-13.3-
403(2)(a), for any of the qualifying reasons provided in
C.R.S. § 8-13.3-404(1), and (b) the amount of supplemental
paid leave that was provided to the employee on the date of
the declaration of a public health emergency, for any of the
qualifying reasons provided in C.R.S. §  8-13.3-405(3);

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(2)
remain subject to the minimum accrual requirements of
C.R.S. § 8-13.3-403(2)(a), and employees continue to
accrue paid leave (up to 48 hours per benefit year); and
e employee on the date of
the declaration of a public health emergency, for any of the
qualifying reasons provided in C.R.S. §  8-13.3-405(3);

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(2)
remain subject to the minimum accrual requirements of
C.R.S. § 8-13.3-403(2)(a), and employees continue to
accrue paid leave (up to 48 hours per benefit year); and
(3)
must permit an employee to use the full amount of
supplementary leave provided under C.R.S. § 8-13.3-405(1)
and this rule, prior to using any of the employee’s previously-
accrued leave under C.R.S. § 8-13.3-403(2)(a), if an
employee required leave in circumstances that qualify under
both C.R.S. § 8-13.3-404(1) and C.R.S. § 8-13.3-405(3)
(e.g., an employee is experiencing symptoms of a
communicable illness that was the subject of the declaration
of a public health emergency and needs to obtain testing
and treatment).
(E)
Yearly Basis for HFWA leave.
(1)
Carryover. Pursuant to C.R.S. § 8-13.3-403(3)(b), “up to
forty-eight hours of paid sick leave that an employee accrues
in a year but does not use carries forward to, and may be
used in, a subsequent year.” For purposes of C.R.S. § 8-
13.3-403(3)(b), “year” means “a regular and consecutive
twelve-month period as determined by an employer.” C.R.S.
§ 8-13.3-402(13). The employer shall not be required to, but
may, permit an employee to carry forward more than forty-
eight (48) hours of unused paid leave from one benefit year
to the next. C.R.S. §§ 8-13.3-403(3)(b), -413.
be
used in, a subsequent year.” For purposes of C.R.S. § 8-
13.3-403(3)(b), “year” means “a regular and consecutive
twelve-month period as determined by an employer.” C.R.S.
§ 8-13.3-402(13). The employer shall not be required to, but
may, permit an employee to carry forward more than forty-
eight (48) hours of unused paid leave from one benefit year
to the next. C.R.S. §§ 8-13.3-403(3)(b), -413.
(2)
“Benefit year” definition. The applicable "benefit year" is the
period of 12 consecutive months established by an employer
in which an employee shall accrue earned sick leave for use.
Unless otherwise established by an employer in a written
policy, a “benefit year” is the calendar year. If an employer
transitions from one type of year to another, the employer
must ensure that the transition process maintains all HFWA
rights, and must notify employees in writing of any such
changes.
3.5.2 Pay rate and amount of HFWA leave. Under C.R.S. § 8-13.3-402(8), leave
must be paid at the same rate and with the same benefits, including health
benefits, as the employee normally earns during hours worked, not
including overtime premiums, bonuses, or holiday leave pay. Leave must
be paid on the same schedule as regular wages.

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(A)
Employees shall be paid for leave the same wages that the
employee would have earned if the employee had worked,
excluding bonuses and overtime premiums. The pay rate for leave
must be at least the applicable minimum wage.
(1)
If use of leave does not reduce an employee’s pay (e.g., if
the employee is paid solely on a salary, commission, or
piece rate basis, and the leave does not impact total salary,
commissions, or piece pay), then the employee does not
earn additional compensation solely for using leave.
(2)
If an employee receives a wage in addition to commissions,
commissions are not included in the pay rate for sick leave.
leave does not reduce an employee’s pay (e.g., if
the employee is paid solely on a salary, commission, or
piece rate basis, and the leave does not impact total salary,
commissions, or piece pay), then the employee does not
earn additional compensation solely for using leave.
(2)
If an employee receives a wage in addition to commissions,
commissions are not included in the pay rate for sick leave.
(3)
If an employee works at multiple rates, including shift
differentials and separate jobs for the same employer, the
employee shall be paid the rate they would have earned
during the period of leave.
(4)
If the pay rate for the period of leave is unknown, the pay
rate shall be calculated based upon the employee’s pay over
a “lookback” period of (i) the 30 calendar days preceding the
leave, or (ii) at the employer’s option, the most recent full
pay period(s) or work weeks totaling 28 to 31 days. Earnings
in the pay rate calculation shall include hourly or salary
rates, shift differentials, tip credits, and commissions (if
applicable, see Rule 3.5.2(A)(2) above); and shall not
include overtime premiums, bonuses, or holiday leave pay.
(a)
If an employee has not yet worked a full lookback
period as noted above, then the period will consist of
all days worked prior to the leave.
(b)
The HFWA pay rate for employees covered by Rule
3.5.1(B) shall be calculated in accordance with that
Rule.

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include overtime premiums, bonuses, or holiday leave pay.
(a)
If an employee has not yet worked a full lookback
period as noted above, then the period will consist of
all days worked prior to the leave.
(b)
The HFWA pay rate for employees covered by Rule
3.5.1(B) shall be calculated in accordance with that
Rule.

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(B)
The number of hours of paid HFWA leave an employee can take is
the number of hours the employer reasonably anticipated they
would have worked during the period of the leave, based on: (1)
their regular schedule of hours actually worked; (2) or, if leave is
during a period the employee was anticipated to depart from a
regular schedule, then hours anticipated for that period; (3) or, if the
number of hours the employee would have worked during the
period cannot be reasonably anticipated, then their average hours
worked during their most recent 30 calendar days of work (or, at the
employer’s option, the most recent of any full pay period, or
consecutive full pay periods or work weeks, totaling 28 to 31 days).
If an employee has not yet been employed for the full 30-day
duration (or other duration from 28 to 31 days) noted above, their
entitlement must be determined under 3.5.2(B)(1) or (2).
(C)
Indeterminate shifts. If an employee uses paid leave for a shift of
indeterminate length (for example, a shift that is defined by
business needs rather than a previously specified number of
hours), an employer may determine the number of paid leave hours
used by the employee based on the number of hours actually
worked by a replacement employee in the same shift. If there is no
replacement employee for the indeterminate shift, an employer may
determine the number of paid leave hours used by the employee
based on the number of hours actually worked by the employee for
their most similar shift in the past
may determine the number of paid leave hours
used by the employee based on the number of hours actually
worked by a replacement employee in the same shift. If there is no
replacement employee for the indeterminate shift, an employer may
determine the number of paid leave hours used by the employee
based on the number of hours actually worked by the employee for
their most similar shift in the past.
(D)
On-call employees are entitled to use paid leave during any hours
they have been scheduled to work, including hours among the
employee’s on-call time that the employer actually requests the
employee to work, or any other hours that would qualify as “time
worked” as defined by Rule 1.9 of the COMPS Order, 7 CCR 1103-
1. Otherwise, being “scheduled to work” does not include shifts for
which an employee has been asked to be available or on-call.
However, if an on-call employee has an agreement with an
employer to be paid for a scheduled shift regardless of whether the
employee actually works the shift, the employer must provide paid
leave to a qualifying employee for that shift.

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3.5.3 Use of HFWA leave.
(A)
Because an employee “may use accrued paid sick leave as it is
accrued,” C.R.S. § 8-13.3-403(3)(a), HFWA leave may be used
immediately upon accrual, but an employer may, in the ordinary
course of business and in good faith, verify employee hours within
a month after work is performed and adjust accrued leave to correct
any inaccuracy, provided that the employee is so notified in writing.
(B)
An employer may require use of HFWA leave in hourly increments,
or may require or allow smaller minimum increments; if an
employer does not specify the minimum increment in writing,
employees nevertheless may not use increments smaller than a
tenth of an hour (i.e., six-minute increments)
and adjust accrued leave to correct
any inaccuracy, provided that the employee is so notified in writing.
(B)
An employer may require use of HFWA leave in hourly increments,
or may require or allow smaller minimum increments; if an
employer does not specify the minimum increment in writing,
employees nevertheless may not use increments smaller than a
tenth of an hour (i.e., six-minute increments).
(C)
An employer cannot apply an absence or attendance policy to an
employee’s HFWA-qualifying leave use if it could result in adverse
action against the employee, including discipline, as defined in
C.R.S. § 8 13.3 407(2)(b). However, after an employee has
exhausted all leave required by HFWA, an employer can apply an
absence or attendance policy to any absences taken by the
employee.
3.5.4 Applicability of a general paid time off (PTO) policy to HFWA leave. HFWA
does not require additional leave if an employer policy provides fully paid
leave for both HFWA and non-HFWA purposes (e.g., sick time and
vacation) and makes clear to employees, in a writing distributed in
advance of an actual or anticipated leave request, that:
(A)
its leave policy provides PTO —
(1)
in at least an amount of hours and with pay sufficient to
satisfy HFWA and applicable rules (including, if a public
health emergency is declared, a supplemental amount of
leave required to satisfy C.R.S. § 8-13.3-405(1) and Rule
3.5.1(C),
(2)
for all the same purposes covered by HFWA and applicable
rules, not a narrower set of purposes, and

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nd with pay sufficient to
satisfy HFWA and applicable rules (including, if a public
health emergency is declared, a supplemental amount of
leave required to satisfy C.R.S. § 8-13.3-405(1) and Rule
3.5.1(C),
(2)
for all the same purposes covered by HFWA and applicable
rules, not a narrower set of purposes, and

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(3)
under all the same conditions as under HFWA and
applicable rules, not stricter or more onerous conditions
(including but not limited to matters such as accrual, use,
payment, annual carryover of unused accrued leave, notice
and documentation requirements, and anti-retaliation and
anti-interference rights); and
(B)
additional HFWA leave need not be provided when employees use
all of their available PTO for non-HFWA-qualifying reasons (e.g.,
vacation). C.R.S. § 8-13.3-403(4), except if a public health
emergency is declared after an employee uses some or all
available PTO for the applicable benefit year, the employer must
supplement the employee’s current total of accrued, unused leave
pursuant to Rule 3.5.1(C).
3.5.5 Notice by employees of HFWA-qualifying leave.
(A)
An employee may request leave orally or in writing, including
electronically (for example, by email or text message). An employer
may choose additional methods of receiving requests or
notifications that it deems acceptable, but shall not restrict
employees from using any method that notifies the employer
effectively. C.R.S. § 8-13.3-404(2).
(B)
For HFWA leave for any health-related or safety-related reason
within C.R.S. § 8-13.3-404, if the employee’s need for leave is
“foreseeable,” (1) an employee shall make a good-faith effort to
provide advance notice and a reasonable effort to schedule the
leave in a manner that does not unduly disrupt employer
operations, and (2) an employer may by written policy require
reasonable procedures to provide notice of foreseeable leave, but
shall not deny paid sick leave based on noncompliance with such a
policy. C.R.S
leave is
“foreseeable,” (1) an employee shall make a good-faith effort to
provide advance notice and a reasonable effort to schedule the
leave in a manner that does not unduly disrupt employer
operations, and (2) an employer may by written policy require
reasonable procedures to provide notice of foreseeable leave, but
shall not deny paid sick leave based on noncompliance with such a
policy. C.R.S. § 8-13.3-404(2), (5).
(C)
For HFWA leave that is “related to public health emergency” under
C.R.S. § 8-13.3-405(3): An employee shall notify their employer of
their need for leave as soon as practicable if (1) the need for leave
is foreseeable and (2) the employer’s place of business is not
closed. C.R.S. § 8-13.3-405(4).

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3.5.6 An employer may require “reasonable documentation” that leave is for a
HFWA-qualifying purpose only if the leave requested or taken is for “four
or more consecutive work days,” C.R.S. § 8-13.3-404(6), defined as four
consecutive days on which the employee would have ordinarily worked
absent the leave-qualifying condition, not four consecutive calendar days.
An employer may not require an employee to provide documentation that
leave is for a qualifying reason “related to [a] public health emergency”
under C.R.S. § 8-13.3-405(3) – (4).
(A)
When documentation is required, an employer may request only
“reasonable” documentation, which is defined as not more
documentation than needed to show a HFWA-qualifying reason for
leave, as described in subparts (B), (C), and (D) below, and an
employer shall not require disclosure of “details” regarding the
employee’s or family member’s “health information” or the
“domestic violence, sexual assault, or stalking” that is the basis for
HFWA leave (C.R.S. § 8-13.3-412(1)).
(B)
To document leave for a health-related need under C.R.S. § 8-
13.3-404(1)(a), (b):
lifying reason for
leave, as described in subparts (B), (C), and (D) below, and an
employer shall not require disclosure of “details” regarding the
employee’s or family member’s “health information” or the
“domestic violence, sexual assault, or stalking” that is the basis for
HFWA leave (C.R.S. § 8-13.3-412(1)).
(B)
To document leave for a health-related need under C.R.S. § 8-
13.3-404(1)(a), (b):
(1)
If the employee received any services (including remote
services) from a health or social services provider for the
HFWA-qualifying condition or need, a document from that
provider, indicating a HFWA-qualifying purpose for the leave,
will suffice.
(2)
An employee who did not receive services from a provider
for the HFWA-qualifying leave, or who cannot obtain a
document from their provider in reasonable time or without
added expense, can provide their own writing indicating that
they took leave for a HFWA-qualifying purpose.
(C)
To document leave for a safety-related need covered by C.R.S. §
8-13.3-404(1)(c) (i.e., domestic abuse, sexual assault, or criminal
harassment): A document under subpart (B)(1) (from a health
provider or a non-health provider of legal services, shelter services,
social work, or other similar services) or an employee writing under
(B)(2) will suffice, as will a legal document indicating a safety need
that was the reason for the leave (e.g., a restraining order, other
court order, or police report).

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lth
provider or a non-health provider of legal services, shelter services,
social work, or other similar services) or an employee writing under
(B)(2) will suffice, as will a legal document indicating a safety need
that was the reason for the leave (e.g., a restraining order, other
court order, or police report).

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(D)
Submission of documentation to an employer may be provided (1)
by any reasonable method, including but not limited to electronic
transmission, (2) at any time until whichever is sooner of an
employee’s return from leave (or termination of employment, if the
employee does not return), (3) without a requirement of the
employee’s signature, notarization, or any other particular
document format.
(E)
Confidentiality of leave-related information and documentation. Any
information an employer possesses regarding the health of an
employee or the employee’s family member, or regarding domestic
abuse, sexual assault, or criminal harassment affecting an
employee or employee's family member, shall be treated as
confidential and may not be disclosed to any other individual except
the affected employee, unless the affected employee provides
written permission prior to such disclosure. C.R.S. § 8-13.3-
412(2)(c). If the information is in writing, it shall be maintained on a
separate form and in a separate file from other personnel
information, and shall be treated as a confidential medical record by
the employer. C.R.S. § 8-13.3-412(2)(a)-(b)
d to any other individual except
the affected employee, unless the affected employee provides
written permission prior to such disclosure. C.R.S. § 8-13.3-
412(2)(c). If the information is in writing, it shall be maintained on a
separate form and in a separate file from other personnel
information, and shall be treated as a confidential medical record by
the employer. C.R.S. § 8-13.3-412(2)(a)-(b).
(F)
If an employer reasonably deems an employee’s documentation
deficient, without imposing a requirement of providing more
documentation than HFWA or applicable rules permit, prior to
denying leave, the employer must: (1) notify the employee within
seven days of either receiving the documentation or the employee’s
return to work (or termination of employment, if the employee does
not return), and (2) provide the employee the minimum of seven
days to cure the deficiency after the employee is notified that the
employer deems the existing documentation inadequate.

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3.5.7 Employer records of accrued and used paid leave hours. An employer
“shall retain records for each employee for a two-year period,
documenting hours worked, paid sick leave accrued, and paid sick leave
used” (C.R.S. § 8-13.3-409(1)), except that two-year limit does not
diminish the obligation to retain pay statement records for three years
(C.R.S. § 8-4-103(4.5)). Upon an employee’s request, an employer must
provide, in writing or electronically, documents sufficient to show, or a
dated statement containing, the then-current amount of paid leave the
employee has (1) available for use, and (2) already used during the
current benefit year, including information as to any accrued leave
provided and used subject to C.R.S. § 8-13.3-403 and any supplemental
public health emergency-related leave provided and used subject to
C.R.S. § 8-13.3-405(3)
documents sufficient to show, or a
dated statement containing, the then-current amount of paid leave the
employee has (1) available for use, and (2) already used during the
current benefit year, including information as to any accrued leave
provided and used subject to C.R.S. § 8-13.3-403 and any supplemental
public health emergency-related leave provided and used subject to
C.R.S. § 8-13.3-405(3). Employees may make such requests no more
than once per month, except they may make an additional request when
any need for HFWA leave arises. Employers may choose a reasonable
system for fulfilling such requests, including but not limited to listing such
information on each pay stub, using an electronic system where
employees can access their own information, or providing the necessary
information in a letter or electronic communication.
3.5.8 Collective bargaining agreements that provide for equivalent or more
generous paid sick leave.
(A)
If a bona fide collective bargaining agreement (CBA) “provides for
equivalent or more generous paid sick leave for the employees
covered” (C.R.S. § 8-13.3-415(2), (3)), then:
(1)
HFWA does not apply additional requirements (e.g. it does
not require an additional 48 hours of leave when a CBA
provides the same amount of leave); and
(2)
HFWA does not invalidate the CBA or require its re-opening.
(B)
A CBA “provides for equivalent or more generous paid sick leave”
(C.R.S. §§ 8-13.3-415(2), (3)) if the CBA does not diminish any
employee protections under HFWA and rules promulgated
thereunder, including but not limited to the requirements in Rule
3.5.4(A) and:
(1)
accrual and carryover;
(2)
use and its conditions (e.g., documentation and notice to
employers); and

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(3)
protection and effectuation of paid sick leave rights through
notice to employees and prohibitions against retaliation
based on, or interference with, protected activity.
(C)
This Rule applies to a CBA that is either:
carryover;
(2)
use and its conditions (e.g., documentation and notice to
employers); and

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(3)
protection and effectuation of paid sick leave rights through
notice to employees and prohibitions against retaliation
based on, or interference with, protected activity.
(C)
This Rule applies to a CBA that is either:
(1)
“in effect on the effective date” of HFWA, July 14, 2020; or
(2)
“initially negotiated or negotiated for the next collective
bargaining agreement after that effective date . . . if the
requirements of this Part 4 are expressly waived in the
CBA.” (C.R.S. § 8 13.3 415(2), (3).)
Rule 4.
Investigation and Mediation
4.1
Wage complaints shall be assigned to Division investigative staff. Investigatory
methods used by the Division may include:
(A)
Interviews of the employer, employee, and other parties;
(B)
Information gathering, fact-finding, and reviews of written
submissions; and
(C)
Any other lawful techniques that enable the Division to assess the
employer’s compliance.
4.2
The Division will evaluate wage complaints under the following burden of proof
structure:
4.2.1 To initiate a wage complaint, an employee must provide an explanation of
the basis for the complaint that is clear, specific, and shows the employee
is entitled to relief. The employee must provide sufficient evidence from
which both a violation of Colorado wage and hour laws and an estimate of
wages due may be reasonably inferred.
4.2.2 The Division may investigate a wage complaint on behalf of a group of
employees if (A) the claimant so requests and (B) it may be reasonably
inferred that other employees are similarly situated. If the Division declines
to investigate a wage complaint on behalf of a group of employees, it shall
investigate on behalf of the individual claimant, and others similarly
situated may consent in writing to participate as parties, pursuant to any
Division instructions as to information or submissions required by the
Division
t may be reasonably
inferred that other employees are similarly situated. If the Division declines
to investigate a wage complaint on behalf of a group of employees, it shall
investigate on behalf of the individual claimant, and others similarly
situated may consent in writing to participate as parties, pursuant to any
Division instructions as to information or submissions required by the
Division. Nothing in this Rule 4 limits the Division’s authority for direct
investigations under the Direct Investigations Rules, 7 CCR 1103-8.

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4.2.3 The burden then shifts to the employer to prove, by a preponderance of
the evidence, that the employee is not entitled to the claimed relief. If the
employer fails to meet its burden, the Division may award wages and/or
penalties to the employee based on the employee’s evidence.
4.2.4 If the Division concludes that wages are owed to the employee, but cannot
calculate the precise amount of wages due, then the Division may award a
reasonable estimate of wages due.
4.3
Any party to a wage complaint may designate an authorized representative to
represent the party during the Division’s administrative procedure.
4.3.1 The party may designate an authorized representative by filing the
Division-approved form with the Division.
4.3.2 If not using the Division-approved form, and the authorized representative
is a licensed attorney or accountant, the party or the authorized
representative must provide written notice to the Division that the
authorized representative will represent the party during the Division’s
administrative procedure.
4.3.3 If not using the Division-approved form, and the authorized representative
is not a licensed attorney or accountant, the party must provide a signed
written notice to the Division that the authorized representative will
represent the party during the Division’s administrative procedure
that the
authorized representative will represent the party during the Division’s
administrative procedure.
4.3.3 If not using the Division-approved form, and the authorized representative
is not a licensed attorney or accountant, the party must provide a signed
written notice to the Division that the authorized representative will
represent the party during the Division’s administrative procedure.
4.3.4 The party may revoke the authorized representative’s authority by
contacting the Division in writing.
4.4
After receipt of a wage complaint that states a claim for relief, the Division will
initiate the administrative procedure by sending a Notice of Complaint to a
correct address of the employer, along with any relevant supporting
documentation submitted by the employee, via U.S. postal mail, electronic
means, or personal delivery.
4.4.1 If the Notice of Complaint cannot be delivered, and is not otherwise served
to or received by the employer, the administrative procedure has not been
initiated, but the Division may resend the Notice of Complaint to a correct
address, with the response deadline calculated from the date when that
notice was sent. Any competent evidence may establish that a party was
served; conclusive proof of service includes proof of delivery to any
correct address as defined in Rule 2. Proper service is effective regardless
of whether the party reads or opens the material served.

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line calculated from the date when that
notice was sent. Any competent evidence may establish that a party was
served; conclusive proof of service includes proof of delivery to any
correct address as defined in Rule 2. Proper service is effective regardless
of whether the party reads or opens the material served.

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4.4.2 If the Division cannot determine the employer’s correct address, it may
contact the employee to request the employer’s address. The Division
may dismiss the wage complaint if neither the employee nor the Division
can determine the employer’s correct address.
4.4.3 The employer’s response to the Notice of Complaint must include the
completed Division Employer Response Form, as well as any additional
information or documentation requested by the Division. An insufficient
response from the employer may be considered a failure to respond under
C.R.S. § 8-4-113(1)(b).
4.4.4 If an employer obtains a good cause extension to respond under C.R.S. §
8-4-113(1)(b), the extension does not waive or reduce penalties owed to
the employee pursuant to C.R.S. § 8-4-109(3)(b) if the employer fails to
pay the employee’s wages within 14 days after the Notice of Complaint is
sent.
4.4.5 Where a claim, complaint, or investigation for violation of these Rules or
the statutes they enforce has been filed or commenced, the employer
shall preserve all relevant documents until final disposition and until the
expiration of the statutory period within which a person aggrieved may
bring a civil action.
4.5
After receipt and review of the employer’s response, the Division may contact the
employee for additional documentation or information. If the employer denies, in
whole or in part, the allegations in the Notice of Complaint, and the Division
determines further investigation would be beneficial, the Division shall send to
the employee any relevant supporting documentation submitted by the employer
After receipt and review of the employer’s response, the Division may contact the
employee for additional documentation or information. If the employer denies, in
whole or in part, the allegations in the Notice of Complaint, and the Division
determines further investigation would be beneficial, the Division shall send to
the employee any relevant supporting documentation submitted by the employer.
If the employee does not respond to the request for additional documentation or
information by the deadline given, the Division will make a determination based
on the information in the record.
4.6
All parties to a wage complaint are responsible for ensuring the Division has
current contact information.
4.6.1 All parties must promptly notify the Division of any change in contact
information, including mailing address, email address, and phone number.
4.6.2 Parties should not rely on the U.S. Postal Service to forward mail. Failure
to respond to a notice because mail was not forwarded to a new address
will not be excused.

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4.7
In any stage of any Division investigation, proceeding, or other action, if
information is provided to the Division by a source requesting or otherwise
warranting confidentiality, then the source shall remain confidential if that
information is used: (1) as a basis for procuring other evidence, not offered as
evidence itself; (2) as evidence of liability, but not to establish individual relief for
the source of the information; or (3) in other circumstances in which
confidentiality is necessary and appropriate
by a source requesting or otherwise
warranting confidentiality, then the source shall remain confidential if that
information is used: (1) as a basis for procuring other evidence, not offered as
evidence itself; (2) as evidence of liability, but not to establish individual relief for
the source of the information; or (3) in other circumstances in which
confidentiality is necessary and appropriate. Any such confidential source is
unlawful to disclose (unless the source consents) in any administrative or judicial
proceeding, in response to any records or information request, or in any other
manner, in order to effectuate statutory requirements including but not limited to
the following:
(A)
If information is properly treated as confidential, the Division “shall
provide a physical environment and establish policies and
procedures to ensure confidentiality for all information regarding
any employer, employee, or person pertaining to any action
pursuant to articles 1 to 13” (C.R.S. § 8-1-115);
(B)
“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, blacklist, discharge, or in any manner discriminate or
retaliate against any employee who has: (a) filed a complaint or
instituted or caused to be instituted a proceeding under this article 4
or any other law or rule related to wages, hours, or employment of
minors; (b) testified or provided other evidence, or may testify or
provide other evidence in a proceeding on behalf of the employee
or another person regarding afforded protections under this article 4
or under any other law or rule related to wages, hours, or the
employment of minors; or (c) raised concerns in good faith about
compliance with or otherwise provided information as to legal rights
and remedies available under this article 4 or any other law or rule
related to wages or hours to any person.”
ehalf of the employee
or another person regarding afforded protections under this article 4
or under any other law or rule related to wages, hours, or the
employment of minors; or (c) raised concerns in good faith about
compliance with or otherwise provided information as to legal rights
and remedies available under this article 4 or any other law or rule
related to wages or hours to any person.” (C.R.S. § 8-4-120(1));
(C)
It is unlawful to “discharge or threaten to discharge, or in any other
way discriminate against an employee” because s/he “may testify in
any investigation or proceeding relative to enforcement of this
article” (C.R.S. § 8-6-115); and

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(D)
It is unlawful to take adverse action based on “participating in an
investigation, hearing, or proceeding or cooperating with or
assisting the Division in its investigations of alleged violations” of
HFWA (C.R.S. §§ 8-13.3-402(10), -407).
4.8
Immigration status is irrelevant to labor rights and responsibilities, and the
Division shall assure that labor rights and responsibilities apply regardless of
immigration status, including but not limited to as follows.
4.8.1 The Division will not voluntarily provide any person or entity information
concerning the immigration status of (a) a party to a wage claim, (b) a
person offering information concerning a wage claim, or (c) a person with
a relationship with anyone in categories (a) or (b)
e that labor rights and responsibilities apply regardless of
immigration status, including but not limited to as follows.
4.8.1 The Division will not voluntarily provide any person or entity information
concerning the immigration status of (a) a party to a wage claim, (b) a
person offering information concerning a wage claim, or (c) a person with
a relationship with anyone in categories (a) or (b).
4.8.2 Any effort to use a person’s immigration status to negatively impact the
labor law rights, responsibilities, or proceedings of any person or entity is
an unlawful act of obstruction, retaliation, and/or extortion, based on
statutory or rule provisions including but not limited to the following that
make it unlawful:
(A)
For “any person” to “hinder or obstruct the director or any such
person authorized by the director in the exercise of any power
conferred by this article,” including but not limited to wage
investigations, rulemakings, or adjudicative or judicial proceedings
(C.R.S. § 8-1-116(2));
(B)
For an employer to in any manner discriminate or retaliate against a
person for exercising labor rights, including but not limited to acts
that “intimidate, threaten, restrain, coerce, blacklist, discharge, or in
any manner discriminate or retaliate against any employee who
has: (a) filed a complaint or instituted or caused to be instituted a
proceeding under this article 4 or any other law or rule related to
wages, hours, or employment of minors; (b) testified or provided
other evidence, or may testify or provide other evidence, in a
proceeding on behalf of himself, herself, or another regarding
afforded protections under this article 4 or under any other law or
rule related to wages, hours; or the employment of minors; or (c)
raised concerns in good faith about compliance with or otherwise
provided information as to legal rights and remedies available
under this article 4 or any other law or rule related to wages or
hours to any person” (C.R.S. § 8 4-120(1));
erself, or another regarding
afforded protections under this article 4 or under any other law or
rule related to wages, hours; or the employment of minors; or (c)
raised concerns in good faith about compliance with or otherwise
provided information as to legal rights and remedies available
under this article 4 or any other law or rule related to wages or
hours to any person” (C.R.S. § 8 4-120(1));

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(C)
For any person to “threaten to report to law enforcement officials
the immigration status of the threatened person or another person”
to “induce another person” to give up money “or another item of
value” (C.R.S. § 18 3 207(1.5)), including inducing the surrender of
any “tangible and intangible personal property, contract rights,
choses in action, or services . . . , and any rights of use or
enjoyment connected therewith” (C.R.S. § 18-1-901); and
(D)
For an employer to deny “any right guaranteed under” HFWA, or to
take “any adverse action against an employee for exercising any
right guaranteed” by HFWA (C.R.S. §§ 8-13.3-402(10), -407).
4.9
Mediation
4.9.1 The Division may invite or order parties to a complaint to meet to mediate
or otherwise attempt to resolve the complaint at any stage of the
administrative procedure or other applicable process.
4.9.2 No statements, actions, evidence, or other submissions during or for
mediation shall be disclosed by any party or used as evidence in any
subsequent proceeding unless the parties agree otherwise.
4.9.3 Upon request, parties shall provide the Division copies of settlement
agreements entered through mediation or private settlement negotiation.
To the extent that an agreement requires confidentiality, the Division shall,
in conformity with the Colorado Dispute Resolution Act (C.R.S. § 13-22-
301, et seq.) and other applicable law (e.g., C.R.S. § 8-1-115), maintain
that confidentiality, subject to any legal restrictions on confidentiality.
Rule 5
copies of settlement
agreements entered through mediation or private settlement negotiation.
To the extent that an agreement requires confidentiality, the Division shall,
in conformity with the Colorado Dispute Resolution Act (C.R.S. § 13-22-
301, et seq.) and other applicable law (e.g., C.R.S. § 8-1-115), maintain
that confidentiality, subject to any legal restrictions on confidentiality.
Rule 5.
Determination
5.1
Upon conclusion of the investigation of a wage complaint, the Division will issue
a determination.
5.1.1 The Division shall send the determination to all parties via U.S. postal
mail, electronic means, or personal delivery on the date the determination
is issued by the Division. The Division shall notify the parties of their
termination and any appeal rights pursuant to C.R.S. § 8-4-111(3) and
C.R.S. § 8-4-111.5(1).
5.1.2 The date of “issuance” of the Division’s determination, as used in C.R.S. §
8-4-111(3), is the date the Division’s determination is “sent,” as used in
C.R.S. § 8-4-111.5(1). Both the termination and appeal deadlines are
calculated from the date the Division’s determination is originally issued
and sent to the parties.

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5.1.3 If any copies of the decision are sent to the parties after the date the
Division’s determination is originally issued and sent to the parties, those
copies are provided only as a courtesy and do not change the 35-day
appeal and termination deadlines.
5.1.4 Determinations by the Division may include the following remedies,
depending on which, if any, the Division’s findings support:
(A)
monetary or other relief authorized by the statute(s) under which
the wage complaint was filed, including but not limited to, where
applicable —
(1)
any unpaid wages, penalties, and/or fines under C.R.S. Title
8, Articles 1, 4, 6, and 13.3;
ermination deadlines.
5.1.4 Determinations by the Division may include the following remedies,
depending on which, if any, the Division’s findings support:
(A)
monetary or other relief authorized by the statute(s) under which
the wage complaint was filed, including but not limited to, where
applicable —
(1)
any unpaid wages, penalties, and/or fines under C.R.S. Title
8, Articles 1, 4, 6, and 13.3;
(2)
if a claim under C.R.S. Title 8, Article 13.3 (HFWA) cost the
employee a job or pay, back pay plus either reinstatement or
(if reinstatement is infeasible) front pay for a reasonable
period; and/or
(3)
other fines or penalties authorized by statutes applicable to
the complaint;
(B)
fines or penalties authorized by the statutes on Division
investigative and enforcement authority in C.R.S. Title 8, Articles 1,
4, 6, and 13.3; and/or
(C)
order(s) to cease non-compliance and/or effectuate compliance, as
authorized by the statute(s) under which the complaint was filed
and statutes on Division investigative and enforcement authority in
C.R.S. Title 8, Articles 1, 4, 6, and 13.3.

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Rule 6.
Appeal
6.1
Any party to the claim may appeal the Division’s determination.
6.1.1 Parties are encouraged, though not required, to use the Division’s appeal
form. A valid appeal is a written statement that is timely filed with the
Division, explains the clear error in the determination that is the basis for
the appeal, is not frivolous, and has been signed by the party or the
party’s authorized representative. An appeal is frivolous if it fails to allege
an error that could result in the reversal or modification of the
determination or otherwise is manifestly insufficient or futile.
6.1.2 No appeal will be heard and no hearing will be held unless the appeal is
received by the Division within 35 calendar days of the date the
determination is sent
ned by the party or the
party’s authorized representative. An appeal is frivolous if it fails to allege
an error that could result in the reversal or modification of the
determination or otherwise is manifestly insufficient or futile.
6.1.2 No appeal will be heard and no hearing will be held unless the appeal is
received by the Division within 35 calendar days of the date the
determination is sent. It is the responsibility of the party filing the appeal to
ensure the appeal is received by the Division within the 35-day filing
deadline.
6.1.3 Upon receipt of the appeal, the Division will notify the parties of the date of
the hearing and any interim deadlines via U.S. postal mail, electronic
means, or personal delivery.
6.1.4 Upon receipt of the appeal, the Division will send a copy of the appeal and
a copy of the record of its investigation to the parties via U.S. postal mail,
electronic means, or personal delivery. All evidence submitted to the
Division as part of the investigation is part of the record on appeal and
need not be resubmitted.
6.1.5 The filing of an appeal does not, except to the extent that a stay is
granted, toll any deadlines applicable under, or triggered by the issuance
of, the determination, decision, or order being appealed.
6.2
Parties who timely file a valid appeal of the Division's determination will be
afforded an administrative appeal hearing before a Division hearing officer,
unless the hearing officer finds, based on pre-hearing submissions, that the
appeal presents no issues warranting a live hearing, and gives the parties notice
and opportunity to be heard as to whether a hearing is warranted. Parties may
appear by telephone.
6.3
The parties may submit new testimonial evidence to the hearing officer in
accordance with deadlines imposed by the Division
aring officer,
unless the hearing officer finds, based on pre-hearing submissions, that the
appeal presents no issues warranting a live hearing, and gives the parties notice
and opportunity to be heard as to whether a hearing is warranted. Parties may
appear by telephone.
6.3
The parties may submit new testimonial evidence to the hearing officer in
accordance with deadlines imposed by the Division. The parties may submit new
documentary or other non-testimonial evidence in accordance with deadlines
imposed by the Division and upon showing “good cause,” which may be
assessed based on any relevant factors, including but not limited to:

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6.3.1 That the new evidence was previously not known or obtainable, despite
diligent evidence-gathering efforts by the party offering the new evidence;
6.3.2 That the party failed to receive fair notice of the investigation or of a key
filing by another party or by the Division to which the new evidence is
responsive;
6.3.3 That factors outside the control of the party prevented a timely action or
interfered with the opportunity to act, except that the acts and omissions of
a party's authorized representative are considered the acts and omissions
of the party and are not considered to be a factor outside the party's
control as intended by this rule;
6.3.4 That a determination raised a new issue or argument that cannot be
responded to adequately without the new evidence;
6.3.5 That, at the investigation stage, the party offering new evidence requested
more time to submit evidence, yet was denied, and in the hearing officer’s
judgment (a) the need for more time was legitimate and did not reflect
neglect by the party, (b) the denial of the request for more time was
unwarranted, and (c) exclusion of the evidence would cause substantial
injustice to the party; and/or
6.3.6 That failure to admit the evidence otherwise would cause substantial
injustice and did not arise from neglect by the party
and in the hearing officer’s
judgment (a) the need for more time was legitimate and did not reflect
neglect by the party, (b) the denial of the request for more time was
unwarranted, and (c) exclusion of the evidence would cause substantial
injustice to the party; and/or
6.3.6 That failure to admit the evidence otherwise would cause substantial
injustice and did not arise from neglect by the party.
6.4
New evidence must be sent to all other parties to the appeal. Failure to send all
new evidence to all other parties to the appeal may result in the evidence being
excluded from the record.
6.5
If the party who filed the appeal does not participate in the hearing, the appeal
may be dismissed.
6.6
All testimony at a hearing must be recorded by the Division but need not be
transcribed unless the hearing officer’s decision is appealed.
6.7
The hearing officer may, upon the application of any party or on his or her own
motion, convene a prehearing conference to discuss the issues on appeal, the
evidence to be presented, and any other relevant matters that may simplify
further proceedings.
6.8
The hearing officer will decide whether the Division’s determination is based on a
clear error of fact or law. Clear error means that either the correct facts were not
known at the time the determination was made, or the law was applied
incorrectly.

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ther relevant matters that may simplify
further proceedings.
6.8
The hearing officer will decide whether the Division’s determination is based on a
clear error of fact or law. Clear error means that either the correct facts were not
known at the time the determination was made, or the law was applied
incorrectly.

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6.9
The hearing officer shall not engage in ex parte communication with any party to
an appeal.
6.10 An appeal may, in the discretion of the hearing officer, be sequenced and/or
divided into two or more stages on discrete questions of liability and/or relief
(e.g., bifurcation), yielding two or more decisions and/or phases of the appeal.
6.11 The hearing officer’s decision constitutes a final agency action pursuant to C.R.S.
§ 24-4-106. The Division shall promptly provide all parties with a copy of the
hearing officer’s decision via U.S. postal mail, electronic means, or personal
delivery, as consistent with applicable law. The Division shall notify the parties of
their appeal rights pursuant to C.R.S. § 8-4-111.5(5).
6.12 This Rule 6 applies to all Division wage claims adjudicated under these rules by
the person designated by the Division to serve as the hearing officer for a claim,
and for any other Division proceedings, to the maximum extent consistent with
the Colorado Administrative Procedure Act, C.R.S. §§ 24-4-105, -106.
Rule 7.
Attorney Fees and Costs
7.1
Where permitted by law, employees, or other applicable claimants or
complainants, may apply for an award of reasonable attorney fees or costs within
the timeframe ordered by the Division, and pursuant to orders and instructions
provided by the Division.
7.2
After an application for attorney fees or costs is filed, the Division will send any
other parties a copy of the application, any supporting documents, and any other
relevant orders or requests from the Division
omplainants, may apply for an award of reasonable attorney fees or costs within
the timeframe ordered by the Division, and pursuant to orders and instructions
provided by the Division.
7.2
After an application for attorney fees or costs is filed, the Division will send any
other parties a copy of the application, any supporting documents, and any other
relevant orders or requests from the Division. Other parties may respond to the
application, within the timeframe ordered, as to the reasonableness, amount, or
recoverability of any attorney fees or costs claimed. The Division will send any
responses it receives to the applicant, who may optionally reply to any points, or
may be ordered to reply, as directed by the Division. The Division may extend
deadlines for good cause as described in Rule 2.9.
7.3
An award of attorney fees or costs may be appealed pursuant to orders and
instructions on appeal rights provided by the Division pursuant to Rule 6.
7.4
For unpaid wage claims, this Rule 7 applies to only claims filed on or after
January 1, 2023.

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Rule 8.
Administrative Liens and Levies
8.1
The Division may issue a notice of administrative lien and levy if an employer or
other Division debtor fails to pay wages, fines, or penalties determined to be due
in an order that is not the subject of an order staying the enforceability of the
order, that has not been superseded on appeal, or that is not subject to any order
barring such action.
(A)
Notice shall be provided to the Division debtor, as well as to any
other known co-owner or any person or entity with possession,
custody, or control of any of the assets at issue, including a
financial institution as applicable.
(B)
Upon an employee’s written request, the Division will inform the
employee within 60 calendar days whether it will issue such notice,
subject to the Division’s discretion to issue such notices on its own
initiative at any later time
ny
other known co-owner or any person or entity with possession,
custody, or control of any of the assets at issue, including a
financial institution as applicable.
(B)
Upon an employee’s written request, the Division will inform the
employee within 60 calendar days whether it will issue such notice,
subject to the Division’s discretion to issue such notices on its own
initiative at any later time.
(C)
An administrative lien placed on any and all types of jointly owned
or shared account(s), including multiple-party accounts as defined
in C.R.S. § 15-15-201 (collectively, “joint account(s)”) shall require
the financial institution to freeze 100% of the assets on deposit as
of the date of the notice of the administrative lien and levy.
8.2
A notice of administrative lien and levy may be opposed in whole or in part, for
the reasons detailed in this Rule 8.2, and under the procedures detailed in Rule
8.3 below.
8.2.1 An exemption shall be granted for any of the following reasons:
(A)
the notice contained a misidentification of the owner of some or all
of the assets, and these assets are wholly owned by some person
other than the employer or other Division debtor;
(B)
the notice identified assets within a custodial account created
pursuant to the “Colorado Uniform Transfers to Minors Act”, Article
50 of Title 11, C.R.S., or a trust account of moneys held in trust for
a third party;
(C)
the notice would apply to assets in an amount of “disposal
earnings,” as defined in C.R.S. § 13-54-104(1)(a), that would
exceed the maximum allowable percentage amount of “disposable
earnings” that can be seized to enforce an order under C.R.S. § 13-
54-104(3) based upon the documentation provided by the employer
or some other Division debtor; or

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n an amount of “disposal
earnings,” as defined in C.R.S. § 13-54-104(1)(a), that would
exceed the maximum allowable percentage amount of “disposable
earnings” that can be seized to enforce an order under C.R.S. § 13-
54-104(3) based upon the documentation provided by the employer
or some other Division debtor; or

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(D)
the notice identified assets that are exempted by law from
execution, levy, attachment, garnishment, or other legal process.
8.2.2 A notice of administrative lien and levy shall be rescinded if:
(A)
the Division has failed to follow the procedures in C.R.S. § 8-4-
113(4) or these Rules for issuance of a notice of administrative lien
and levy; and
(B)
the failure either deprived a party of notice or opportunity to be
heard, or otherwise had a prejudicial effect upon a party.
8.2.3 An exception may be granted to a Division debtor when the Division
debtor is a natural person who is terminally ill. For purposes of this rule,
“natural person” means a human, and does not include any kind of
corporation, company, limited liability company, partnership, form,
association, organization, agency, or any other kind of entity.
8.2.4 An appeal may be granted on the basis that there is proof that the notice
would apply to assets in a joint account and some or all of those assets
include up to 100% of a non-debtor account holder’s net contribution of
the funds on deposit, as governed by C.R.S. § 15-15-211, as of the date
the person served with the notice was in receipt of the notice
on, agency, or any other kind of entity.
8.2.4 An appeal may be granted on the basis that there is proof that the notice
would apply to assets in a joint account and some or all of those assets
include up to 100% of a non-debtor account holder’s net contribution of
the funds on deposit, as governed by C.R.S. § 15-15-211, as of the date
the person served with the notice was in receipt of the notice.
8.3
Within 21 calendar days from the date of the notice of administrative lien and
levy, a Division debtor, any other person or entity claiming ownership or joint
ownership of any of the asset(s), or any other person or entity with possession,
custody or control any of the asset(s) (collectively, “Filer(s)”), may file any
applicable opposition to the notice of administrative lien and levy for the reasons
detailed in Rule 8.2 and in accordance with the procedures detailed in this Rule
8.3 and/or described in orders and instructions provided by the Division and/or
published by the Division on its website.
8.3.1 The Filer has the burden, pursuant to any policies or instructions included
with any notice of administrative lien and levy, of claiming with specificity,
producing evidence to support, and proving entitlement to, any exceptions
or exemptions, or in the case of a non-debtor joint account holder, of
making such showing as to their contribution of an identifiable portion of
the funds.
8.3.2 A Division hearing officer shall review the claim and document the
decision whether to approve or deny the requested relief. The Division
shall provide an initial decision within seven calendar days of receipt, or
the next business day thereafter.

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their contribution of an identifiable portion of
the funds.
8.3.2 A Division hearing officer shall review the claim and document the
decision whether to approve or deny the requested relief. The Division
shall provide an initial decision within seven calendar days of receipt, or
the next business day thereafter.

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(A)
An initial grant may be subject to further review by the Division,
based on information from the Filer or other information obtained by
the Division.
(B)
An initial denial may include permission or a request to submit
further information, based on which the claim for exception or
exemption may be re-reviewed by the Division.
(C)
An initial denial will be deemed an appealable final administrative
lien and levy order (1) if the Filer chooses not to provide further
information within seven calendar days, on the eighth calendar day;
or (2) if the Division does not issue a new decision within seven
calendar days of any new information provided by the Filer, on the
eighth calendar day after the new information is provided.
8.3.3 Notice of an order on a filing opposing a notice of administrative lien and
levy.
(A)
If the claim is approved, in whole or in part, the decision shall
indicate the scope of asset(s) released, and the extent to which a
notice of administrative lien and levy may be re-issued; and the
Division shall notify, and issue a release of the administrative lien
and levy to:
(1)
the Filer and (to the extent different) the Division debtor and
any other applicable owner of any of the assets(s); and
(2)
any other applicable persons or entity (including but not
limited to a financial institution) with possession, custody or
control of the asset(s).
(B)
If the claim is denied, the Division:
(1)
shall notify the Filer and (to the extent different) the employer
or other Division debtor and any other applicable owner of
any of the assets(s); and
other applicable owner of any of the assets(s); and
(2)
any other applicable persons or entity (including but not
limited to a financial institution) with possession, custody or
control of the asset(s).
(B)
If the claim is denied, the Division:
(1)
shall notify the Filer and (to the extent different) the employer
or other Division debtor and any other applicable owner of
any of the assets(s); and
(2)
may, where appropriate and applicable, notify any person or
entity (including, but not limited to, a financial institution) with
possession, custody or control of the asset(s).

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8.3.4 A hearing officer’s appealable, final administrative lien and levy order
pursuant to Rule 8.3.2 and 8.3.3 constitutes a final agency action pursuant
to C.R.S. § 24-4-106. The Division shall promptly provide all parties with a
copy of the hearing officer’s decision via U.S. postal mail, electronic
means, or personal delivery. The Division shall notify the parties of their
appeal rights pursuant to C.R.S. § 8-4-111.5(5).
Rule 9.
Wage Theft Enforcement Fund
9.1
When the Division, pursuant to Title 8, Articles 4, 6, or 12 of the Colorado
Revised Statutes, or a hearing officer, pursuant to C.R.S. § 8-4-111.5,
determines that an employer owes wages, compensation, or other monetary
relief to an employee, if the employer fails to pay an employee the determined
amount of wages, compensation, or other monetary relief owed the employee
within 120 days after the Division’s determination, or hearing officer’s decision, or
the expiration of an order from the Division, the hearing officer, or a court staying
or postponing the employer’s payment obligation, whichever is later, the Division
may disburse payment for the amount of wages, compensation, or other
monetary relief determined to be owed the employee from the wage theft
enforcement fund (the “fund”) to the employee
termination, or hearing officer’s decision, or
the expiration of an order from the Division, the hearing officer, or a court staying
or postponing the employer’s payment obligation, whichever is later, the Division
may disburse payment for the amount of wages, compensation, or other
monetary relief determined to be owed the employee from the wage theft
enforcement fund (the “fund”) to the employee.
(A)
Any disbursement from the fund shall be subject to the Division’s
prioritization and the available resources in the fund.
(B)
Pursuant to C.R.S. § 8-4-113(3)(a), (c)(II), and 5(a), the Division
may disburse amounts from the fund to make payments to
employees for part or all of the unpaid amount of wages,
compensation, or other monetary relief, which include statutorily
mandated penalties, determined to be owed to an employee.
(C)
The Division may, based both on its own discretion and its
consideration of the criteria identified in Rule 9.3, make a
disbursement from the fund to an employee to pay wages,
compensation, or other monetary relief owed to the employee
without receiving an employee’s request for such disbursement.

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9.2
After 120 days following the Division determination or hearing officer decision
that an employer owes wages, compensation, or other monetary relief to an
employee, or the expiration of an order from the Division, a hearing officer, or a
court staying or postponing the employer’s payment obligation, whichever is
later, if the employer has still failed to pay the determined wages, compensation,
or other monetary relief owed the employee, the employee may submit a written
request seeking payment from the fund pursuant to C.R.S. § 8-4-113(5) (“fund
request”)
ee, or the expiration of an order from the Division, a hearing officer, or a
court staying or postponing the employer’s payment obligation, whichever is
later, if the employer has still failed to pay the determined wages, compensation,
or other monetary relief owed the employee, the employee may submit a written
request seeking payment from the fund pursuant to C.R.S. § 8-4-113(5) (“fund
request”).
9.2.1 An employee who submits a fund request to the Division must comply with
orders and instructions posted or otherwise provided by the Division:
(A)
as to the method and timeframe to submit a fund request; and
(B)
requiring information on any relevant matters, including but not
limited to the determination or decision awarding relief, any
collections efforts by or for the employee, and any up to date
personal information from the employee.
9.2.2 The Division will inform the employee in writing (e.g., letter or electronic
communication) as to its decision on the fund request. If the Division
determines that it will not grant a fund request, it may, in its discretion,
inform the employee that it will retain the request on file for future
consideration, without need for a further submission by the employee.
9.2.3 If, pursuant to an employee’s fund request, the Division determines that it
will disburse from the fund any amounts related to the unpaid wages,
compensation, or other monetary relief described in the employee’s fund
request (“disbursement amount”), the Division:
(A)
shall notify the employee in writing (e.g., letter or electronic
communication) of the payment to the employee (“fund payment”);
(B)
may inform the employee that such fund payment may be
conditioned on confirmation of the employee’s current contact
information and/or preferred method of payment;
(C)
may require the employee to sign an acknowledgement of the
following conditions prior to issuing any payment to the employee
—
n writing (e.g., letter or electronic
communication) of the payment to the employee (“fund payment”);
(B)
may inform the employee that such fund payment may be
conditioned on confirmation of the employee’s current contact
information and/or preferred method of payment;
(C)
may require the employee to sign an acknowledgement of the
following conditions prior to issuing any payment to the employee
—
(1)
once the employee has deposited or cashed the fund
payment, they may not recover payment in the disbursement
amount from the employer;

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(2)
the Division replaces the employee as the creditor of the
employer for the disbursement amount;
(3)
the Division shall credit any payment it obtains from the
employer toward the disbursement amount to the fund; and
(4)
if the employee does not deposit or cash the fund payment
within three months of transmission, the Division may cancel
the fund payment.
(D)
shall, upon Division confirmation of both reliable payment
transmission information and compliance with all requirements,
transmit payment to the employee.
9.2.4 Nothing in Rule 9.2 shall be construed to reduce or otherwise alter the
amount of an employer’s or other Division debtor’s unpaid liabilities for
wages, compensation, or other monetary relief owed to an employee
based on a fund payment.
9.2.5 Pursuant to C.R.S. § 8-4-113(5)(a), because the Division’s authority to
disburse payments from the fund is a discretionary use of Division funds,
an employee cannot appeal any Division determination concerning a fund
request
the
amount of an employer’s or other Division debtor’s unpaid liabilities for
wages, compensation, or other monetary relief owed to an employee
based on a fund payment.
9.2.5 Pursuant to C.R.S. § 8-4-113(5)(a), because the Division’s authority to
disburse payments from the fund is a discretionary use of Division funds,
an employee cannot appeal any Division determination concerning a fund
request.
9.3
The Division shall review, evaluate, and resolve an employee’s fund request
based on the following criteria, to the extent that any or all are appropriate and
relevant to a particular request:
(A)
enforcement priorities of the Division;
(B)
available resources in the fund;
(C)
length of time that the unpaid liabilities for wage law violations have
been outstanding;
(D)
the employee's degree of need for payment from the fund;
(E)
the employer’s prospects of paying their debt, including any risk of
asset depletion;
(F)
the employer’s degree of compliance or non-compliance in relation
to either the employee, other employees, or the Division;
(G)
the extent of any past, current, or impending collection efforts by
the employee or the Division; and
(H)
any other considerations relevant to the merits of the fund request.

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## Nearby sections

- [7 CCR 1103-2 COLORADO WORKS PROGRAM ACT GRIEVANCE PROCEDURE RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_2.md)
- [7 CCR 1103-6 PREVAILING WAGE AND RESIDENCY (PWR) RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_6.md)
- [7 CCR 1103-7 WAGE PROTECTION RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_7.md)
- [7 CCR 1103-8 DIRECT INVESTIGATION RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_8.md)
- [7 CCR 1103-12 COLORADO STATE LABOR RELATIONS RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_12.md)
- [7 CCR 1103-13 EQUAL PAY TRANSPARENCY RULES (“EPT RULES”) [Recodified as 7 CCR 1103-18 eff. 07/01/2024]](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_13.md)
- [7 CCR 1103-14 2026 PUBLICATION AND YEARLY CALCULATION OF ADJUSTED LABOR COMPENSATION (2026 PAY CALC) ORDER](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_14.md)
- [7 CCR 1103-15 AGRICULTURAL LABOR CONDITIONS RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_15.md)
- [7 CCR 1103-16 COUNTY COLLECTIVE BARGAINING (COBCA) RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_16.md)
- [7 CCR 1103-17 PROTECTIONS FOR PUBLIC WORKERS ACT (PROPWA) RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_17.md)
- [7 CCR 1103-18 POSTING, SCREENING, AND TRANSPARENCY RULES (“POST RULES”)](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_18.md)
- [7 CCR 1103-19 DELIVERY NETWORK COMPANY (DNC) AND TRANSPORTATION NETWORK COMPANY (TNC) ACTS LABOR RULES (DATA LABOR RULES)](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_19.md)
- [7 CCR 1103-20 Colorado Youth Employment Standards Rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_20.md)
- [7 CCR 1103-21 Appeals' Standing Order For Administrative Procedure Act Review](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_21.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1103_7. Check the current official text before relying on it. Not legal advice.