Proposed/Adopted Rules

Rulemaking 


The Division is currently engaging in permanent Rulemaking to take effect January 1, 2021.  There will be six sets of proposed Rules:

1) COLORADO OVERTIME AND MINIMUM PAY STANDARDS (“COMPS”) ORDER #37, 7 CCR 1103-1;  

2) WAGE PROTECTION RULES, 7 CCR 1103-7;

3) DIRECT INVESTIGATIONS RULES, 7 CCR 1103-8;

4) COLORADO WHISTLEBLOWER, ANTI-RETALIATION, NON-INTERFERENCE, AND NOTICE-GIVING (“COLORADO WARNING”) RULES, 7 CCR 1103-11;

5) COLORADO STATE LABOR RELATIONS RULES, 7 CCR 1103-12; and

6) EQUAL PAY TRANSPARENCY RULES, 7 CCR 1103-13.

Below you will find our schedule for our Fall 2020 Rulemaking, as well as copies of our Rules and Statement of Basis, Purpose, Specific Statutory Authority and Findings.  

Action Items

Date

Temp Rules Adopted (only for Colorado WARNING Rules, and Direct Investigation Rules)

September 21, 2020

Proposed Rules Filed

September 25 - 29, 2020

Public Hearing

Monday, November 2, 2020 at 9:00 am

Comment Deadline

Thursday, November 5, 2020 at 5:00 pm

Adoption Deadline

November 10, 2020

Effective Date

January 1, 2021


November 2nd Public Hearing

The Division is administering a public hearing on November 2, 2020, starting at 9:00 am, and all interested persons are free to offer oral testimony and to listen to part or all of the hearing. However, due to the current public health crisis, all participation will be by remote means, not in-person at the Division’s office. Interested persons may listen and/or testify either by phone or by computer or other internet-enabled device, as detailed below. A recording of the hearing will be publicly posted after the hearing on this website.

Instructions for Hearing Participation: Either of the below options will work to participate, but for orderly administration of participation, and to avoid possible audio feedback, please do not use both simultaneously.

     (A) To Participate by Internet, Including Testifying: visit this “Meet” webpage: meet.google.com/zsy-dowb-suo

     (B) To Participate by Phone, Whether Just to Listen or to Testify: call (US) +1 601-861-4481, and then enter this pin: ‪779 255 774#

You do not need to have any Google or other account to access any of the above means. There is no requirement to arrive by a particular time or stay the entire meeting. Please contact michael.primo@state.co.us with any questions about how to access either the hearing or (after the hearing) its recording, or if you need accommodations or translation services to attend or participate.

Comments may be submitted through our online form, delivered by mail, faxed to 303-318-8400, or emailed to michael.primo@state.co.us. Written comments become part of the same record as oral testimony, and are reviewed by the same officials. Accordingly, interested persons may submit written comments in lieu of oral testimony, but certainly are free to participate by both means.

While not required, we request and highly recommend that anyone interested in submitting written comments or oral testimony use this form, either to submit a written comment, to RSVP to testify orally, or both. At the hearing, the first oral testimony will be by those who RSVP’d to testify. After all those who RSVP’d have testified, we will entertain any further oral testimony from others.


Proposed Rules

Proposed  Rules

Clean Version

Redline Version

Statement of Basis & Purpose

State Labor Relations Rules, 7 CCR 1103-12

PDF

N/A

PDF

Colorado Whistleblower, Anti-retaliation, Non-interference, and Notice-giving (Colorado WARNING) Rules, 7 CCR 1103-11

PDF

PDF

PDF

Direct Investigations Rules, 7 CCR 1103-8

PDF

PDF

PDF

Colorado Overtime and Minimum Pay Standards (COMPS) Order #37, 7 CCR 1103-1

To be filed by Sept. 30

 

 

Wage Protection Rules, 7 CCR 1103-7

To be filed by Sept. 30

 

 

Equal Pay Transparency Rules, 7 CCR 1103-13

To be filed by Sept. 30

 

 

Temporary Rules

On Monday, September 21, 2020, DLSS adopted Temporary or Emergency Rules:


(1)    The Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules (“Colorado WARNING Rules”), 7 CCR 1103-11 -- to implement and enforce new statutory provisions on the protected activity anti-retaliation/non-interference provisions, and workplace poster/notice-of-rights provisions, of SB 20-205 (paid sick leave) and HB 20-1415 (whistleblowing and PPE use); and


(2)    The DLSS Direct Investigation Rules, 7 CCR 1103-8 -- to conform the existing rules on DLSS-initiated strategic investigations to new statutory and other developments that entail new definitions, rights, responsibilities, and procedural needs.

Each of the above took effect immediately after adoption on September 21, 2020, and will remain in effect only until the anticipated January 1, 2021, effective date of permanent versions of these rules, but no longer than until January 19, 2021. The Statement of Basis and Purpose accompanying each set of rules further elaborates the nature and details of the rules.

Temporary Rule

Clean Version

Redline Version

Statement of Basis & Purpose

Direct Investigations 7 CCR 1103-8

PDF

PDF

PDF

Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules
(“Colorado WARNING Rules”) 7 CCR 1103-11

PDF

N/A

PDF


Informal Stakeholder Meetings August 20-21, 2020


1) Healthy Families and Workplaces Act [paid sick days] (July 14, 2020; effective immediately) -  SB 20-205 - Recording

2) Public Health Emergency Whistleblowing Act [workplace whistleblowing & PPE use] (July 11, 2020; effective immediately) -  HB 20-1415 - Recording

3) Colorado Partnership For Quality Jobs and Services Act [Colorado WINS state employee union] (June 16, 2020; effective immediately) -  HB 20-1153 - Recording

4) Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) (annual updating, effective Jan. 1, 2021) - Recording

5) Equal Pay for Equal Work Act (May 22, 2019; effective Jan. 1, 2021) -  SB 19-085 - Recording


If you would like to be informed of upcoming Rulemaking from the Division, please let us know by filling out our form: 

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Colorado Division of Labor Standards and Statistics | 303-318-8441 | Contact Us