§ 24-92-209 — Enforcement - rules

Colorado § 24-92-209

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Construction Bidding for Public Projects

Text

(1) Upon receipt of a complaint from an
employee, a former employee, or a contracting agency derived from an analysis of
certified payroll records, a contracting agency of government shall report any
perceived violation of this part 2 to the contractor within forty-eight hours of being
made aware of the perceived violation. In connection with the perceived violation:

(a) The contracting agency of government shall allow the contractor to cure
the perceived violation within fifteen calendar days if the contractor can
demonstrate the instance in question was the result of legitimate administrative
error.

(b) If the contractor does not remedy the perceived violation within fifteen
calendar days or if the contracting agency determines that the perceived violation
was willful, the contracting agency shall report the perceived violation to the
department of labor and employment for investigation.

(2) (a) The department of labor and employment shall investigate all
complaints referred to the department by the contracting agency of government to
determine if the perceived violation was conducted in a willful manner.

(b) For the purposes of this section, willful violation includes intentional
violations and those violations made with reckless disregard or deliberate
ignorance of the law.

(3) If the department of labor and employment determines that a willful
violation occurred, it shall require restitution of applicable back pay for the
impacted employees and shall subject the contractor to the following fines:

(a) Five thousand dollars for the first violation;

(b) Ten thousand dollars for the second violation; and

(c) Twenty-five thousand dollars for the third and all subsequent violations.

(4) At the discretion of the director, the contractor may be debarred if they
have been found to have three or more willful violations in any five year period. The
term of debarment will be three years.

(5) The department of labor and employment shall maintain a list of
contractors who have been found to have willfully violated this act, including
details of the violation, on a publicly available website.

(6) If a contracting agency of government or the department of labor and
employment fails to resolve an actionable wage claim within one hundred twenty
days from the date of the initial determination by the department that a willful
violation occurred, the employee shall have the right to file a private lawsuit
pursuant to section 24-92-210.

(7) The department of labor and employment shall promulgate rules in
accordance with article 4 of this title 24 as may be necessary to administer and
enforce any requirement of this part 2. Such rules shall include a reasonable
administrative appeal process for determinations made pursuant to this section and
an administrative process for an employee or former employee of a contractor or
subcontractor to file a complaint for a violation of this part 2.

Legislative History

Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2954, � 2, effective August 2.