Colorado § 8-1-115 Information not public - penalty for divulging

Colorado Statutes

§ 8-1-115 — Information not public - penalty for divulging

Colorado § 8-1-115

Title 08Labor and

Art.Division of Labor Standards and Statistics -

This text of Colorado § 8-1-115 (Information not public - penalty for divulging) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 8-1-115 (2026).

Text

(1)(a) The information contained in the reports lawfully required to be furnished by the employer in section 8-1-114, other information furnished to the division by employers and employees in pursuance of this article 1, and information obtained through inspections or other proceedings under this article 1 that reveals a trade secret is for the exclusive use and information of the division in the discharge of its official duties. An employer may designate information submitted to the division as proprietary, a trade secret, or privileged information in accordance with section 24-72-204 (3), as long as the director is not bound by the employer's designation. The director may treat and file the information or any part of the information as confidential, and, when so treated or file

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(1) (a) The
information contained in the reports lawfully required to be furnished by the
employer in section 8-1-114, other information furnished to the division by
employers and employees in pursuance of this article 1, and information obtained
through inspections or other proceedings under this article 1 that reveals a trade
secret is for the exclusive use and information of the division in the discharge of its
official duties. An employer may designate information submitted to the division as
proprietary, a trade secret, or privileged information in accordance with section 24-72-204 (3), as long as the director is not bound by the employer's designation. The
director may treat and file the information or any part of the information as
confidential, and, when so treated or filed by the director, the information is
confidential, for the sole use of the division, and not open to the public nor to be
used in any court in any action or proceeding pending therein unless the division is a
party to the action or proceeding. The court shall issue orders as appropriate to
protect the confidentiality of trade secrets. The information contained in a report
may be tabulated and published by the division in statistical form for the use and
information of other state departments and the public.

(b) Notwithstanding subsection (1)(a) of this section, the division shall treat
any notice of citation or notice of assessment issued to an employer for violation of
a wage law, including a violation of section 8-4-111 (2)(c), after all remedies have
been exhausted pursuant to section 8-4-111.5, as a public record and shall release
the information to the public upon request pursuant to the Colorado Open Records
Act, part 2 of article 72 of title 24, unless the director makes a determination that
the information is a trade secret. Before releasing any information relating to the
violation of a wage law, the director shall notify the employer of the potential
release of the information. The employer then has twenty days to provide the
director with further documentation demonstrating that the information, or specific
matters included in the information, is a trade secret. If the director, in the director's
discretion, determines that the information, or any portion of the information, is a
trade secret, the director shall treat the information as confidential under this
subsection (1). For purposes of this subsection (1)(b), trade secret has the same
meaning as set forth in section 7-74-102 (4).

(2) Any person in the employ of the division who divulges any confidential
information to any person other than the director commits a civil infraction and
shall thereafter be disqualified from holding any appointment or employment with
any department under the state.

(3) Pursuant to this section, the director 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 of this title; except that such information may be released if there
exists an overriding need for access to such information arising pursuant to articles
1 to 13 of this title in connection with:

(a) A dispute resolution, a mediation, or an administrative or judicial
proceeding; or

(b) A cooperative effort with another subdivision of government.

Legislative History

Source: L. 15: p. 573, � 19. L. 21: p. 835, � 6. C.L. � 4343. CSA: C. 97, � 21. CRS 53: � 80-1-19. C.R.S. 1963: � 80-1-19. L. 69: p. 580, � 33. L. 72: p. 604, � 103. L. 73: p. 919, � 5. L. 75: (1) amended, p. 275, � 3, effective July 25. L. 80: (1) amended, p. 449, � 2, effective April 13. L. 86: (2) amended, p. 466, � 10, effective July 1. L. 93: (3) added, p. 867, � 2, effective May 6. L. 2017: (1) amended, (HB 17-1021), ch. 126, p. 433, � 1, effective April 13. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3136, � 71, effective March 1, 2022.