§ 8-13.5-204 — Enforcement - penalties - relief - rules

Colorado § 8-13.5-204

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Workplace Accommodations and Protections

Text

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

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

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

(2) (a) A court may:

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

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

(III) Award the plaintiff attorney fees.

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

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

Legislative History

Source: L. 2021: Entire part added, (SB 21-087), ch. 337, p. 2181, � 5, effective June 25.