Agricultural employers - agricultural employees - violations - penalties - definitions

8-2-206. Agricultural employers - agricultural employees - violations - penalties - definitions. (1) As used in this section, unless the context otherwise requires: (a) Adverse action means a demotion, reassignment to a lower-ranked position or to a position with a lower level of compensation, decrease in compensation level, denial of promotion, or termination of employment; or other decision for employment purposes that adversely affects an agricultural employee. (b) Agricultural employee means a person employed by an agricultural employer. (c) Agricultural employer has the same meaning set forth in section 8-3-104 (1). (d) Director means the director of the division. (e) Division means the division of labor standards and statistics in the department of labor and employment. (2) The rights, remedies, and penalties specified in this section are in addition to any rights, remedies, or penalties available to agricultural employees under article 3 or 6 of this title 8, part 2 of article 13.5 of this title 8, article 14.4 of this title 8, or any other remedies available pursuant to law. (3) (a) An agricultural employer shall not retaliate against any person, including an agricultural employee, asserting or seeking rights protected under article 3 or 6 of this title 8, part 2 of article 13.5 of this title 8, article 14.4 of this title 8, including complaining publicly or supporting an agricultural employee seeking or asserting rights, remedies, or penalties under those provisions of this title 8, or any other remedies available pursuant to law. (b) There is a rebuttable presumption that an agricultural employer that takes an adverse action against an agricultural employee within ninety days after the agricultural employee has asserted or sought any protected rights, remedies, or penalties under article 3 or 6 of this title 8, part 2 of article 13.5 of this title 8, article 14.4 of this title 8, or any other remedies available pursuant to law has retaliated against the agricultural employee. (c) An agricultural employee, a person who has a familial or workplace relationship with the agricultural employee, or a person with whom the agricultural employee exchanges care or support who has been aggrieved by retaliation by a person may assert a claim: (I) In district court for injunctive and equitable remedies, a penalty in the amount of the greater of the actual damages or ten thousand dollars for each violation, and attorney fees and costs; or (II) With the division pursuant to rules adopted by the director. 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. (4) (a) If a person who has engaged in retaliation has violated this section or has violated article 3 or 6 of this title 8, part 2 of article 13.5 of this title 8, or article 14.4 of this title 8 in a manner that has harmed an agricultural employee, the director may commence an action in district court on behalf of the state of Colorado against the person who retaliated against: (I) An agricultural employee; (II) A person who has a familial or workplace relationship with the agricultural employee; or (III) A person with whom the agricultural employee exchanges care or support. (b) The director may seek an order imposing restitution, injunctive and equitable remedies, and an appropriate penalty of more than one hundred dollars but not more than one thousand dollars per violation. Source: L. 2021: Entire section added, (SB 21-087), ch. 337, p. 2172, � 1, effective June 25. ARTICLE 2.5 Freedom of Legislative and Judicial Access Act 8-2.5-101. Preventing legislative and judicial access to employees - intimidation of legislative witnesses - penalty. (1) (a) It is unlawful for any person to adopt or enforce any rule, regulation, or policy forbidding or preventing any of its employees, franchisees, or agents or entities under its control or oversight from, or to take any action against its employees, franchisees, or agents or entities under its control or oversight solely for, testifying before a committee of the general assembly or a court of law or speaking to a member of the general assembly at the request of such committee, court, or member regarding any action, policy, rule, regulation, practice, or procedure of any person or regarding any grievance relating thereto. Any person violating any provision of this section commits a class 2 misdemeanor. (b) The prohibition in paragraph (a) of this subsection (1) shall not apply to testimony before a committee of the general assembly or a court of law that discloses confidential, proprietary, or otherwise privileged information of any person. (1.5) (a) It is unlawful for any person: (I) To intimidate a legislative witness, by use of a threat, in order to intentionally influence or induce a legislative witness: (A) To appear or not appear before a committee of the general assembly; (B) To give or refrain from giving testimony to a committee of the general assembly; (C) To testify falsely before a committee of the general assembly; or (D) To avoid legal process summoning the legislative witness to attend and testify before a committee of the general assembly; or (II) To take any action against a legislative witness for testifying before a committee of the general assembly. (b) For the purposes of this subsection (1.5): (I) Legislative witness means any individual that intends to testify or testifies before a committee of the general assembly either voluntarily or pursuant to a subpoena issued by any committee of the general assembly or of either house thereof. (II) Threat means to communicate directly the intent to do any act that is intended to harm the health, safety, property, business, or financial condition of the legislative witness. (c) Any person violating any provision of this subsection (1.5) commits a class 2 misdemeanor. (2) (a) An employee, a franchisee, an agent or an entity under the control of any person, or a legislative witness may recover damages, including reasonable attorney fees, from any person for injuries suffered through a violation of this section. (b) Nothing in this section shall be construed to prohibit an employee, a franchisee, an agent or an entity under the control of any person, or a legislative witness from pursuing any other right of action permitted pursuant to law for injuries suffered through a violation of this section. (3) Nothing in this section shall obligate any person to compensate an employee or agent for time spent testifying before a committee of the general assembly or a court of law or speaking to a member of the general assembly at the request or invitation of such committee, court, or member regarding any action, policy, rule, regulation, practice, or procedure of any person or regarding any grievance relating thereto. (4) For purposes of this section, person means a corporation, a limited liability company, a partnership, an association, a firm, a state agency as defined in section 24-50.5-102 (4), C.R.S., a county, a city and county, a municipality, a federal agency, an individual, or any officer or agent thereof. Source: L. 97: Entire article added, p. 1611, � 1, effective June 4. L. 98: (1.5) added and (2) amended, p. 693, � 1, effective August 5. L. 2021: (1)(a) and (1.5)(c) amended, (SB 21-271), ch. 462, p. 3139, � 84, effective March 1, 2022. Cross references: For interference with the legislative process, see part 4 of article 2 of title 2; for attempt to influence a public servant, see � 18-8-306; for perjury and related offenses pertaining to governmental operations, see part 5 of article 8 of title 18; for attendance of witnesses before the general assembly, see � 2-2-313; for the penalty for a class 2 misdemeanor, see � 18-1.3-501. ARTICLE 3 Labor Peace Act Law reviews: For article, Labor and Employment Law, which discusses Tenth Circuit decisions dealing with labor law, see 63 Den. U. L. Rev. 395 (1986); for article, Labor and Employment Law, which discusses Tenth Circuit decisions dealing with labor law, see 64 Den. U. L. Rev. 271 (1987); for article, Labor and Employment Law, which discusses Tenth Circuit decisions dealing with labor law, see 65 Den. U. L. 565 (1988); for a discussion of Tenth Circuit decisions dealing with labor law, see 67 Den. U. L. Rev. 751 (1990); for article, The Law, Economics, and Politics of Right to Work: Colorado's Labor Peace Act and its Implications for Public Policy, see 70 U. Colo. L. Rev. 871 (1999).