Colorado 2025 Regular Session

Colorado House Bill HB1001 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0015.02 Yelana Love x2295
8	8		HOUSE BILL 25-1001
9	9		House Committees Senate Committees
10	10		Business Affairs & Labor
11	11		Finance
12	12		Appropriations
13	13		A BILL FOR AN ACT
14	14		C
15	15		ONCERNING THE ENFORCEMENT OF WAGE AND HOUR
16	16		LAWS, AND, IN101
17	17		CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
18	18		Bill Summary
19	19		(Note: This summary applies to this bill as introduced and does
20	20		not reflect any amendments that may be subsequently adopted. If this bill
21	21		passes third reading in the house of introduction, a bill summary that
22	22		applies to the reengrossed version of this bill will be available at
23	23		http://leg.colorado.gov
24	24		.)
25	25		Section 1 of the bill amends the definition of "employer" for
26	26		purposes of wage and hour laws to include an individual who owns or
27	27		controls at least 25% of the ownership interest in an employer.
28	28		Section 2 prohibits an employer from making a payroll deduction
29	29		below a worker's applicable minimum wage.
30	30		Section 3 allows the director of the division of labor standards and
31	31		HOUSE
32		-	3rd Reading Unamended
33		-	April 2, 2025
34		-	HOUSE
35	32		Amended 2nd Reading
36	33		April 1, 2025
37	34		HOUSE SPONSORSHIP
38	35		Duran and Froelich, Bacon, Boesenecker, Clifford, English, Garcia, Hamrick, Lieder,
39		-	Mabrey, Martinez, Mauro, Rutinel, Sirota, Titone, Velasco, Willford, Zokaie, Bird, Brown,
40		-	Espenoza, Jackson, Joseph, Lindsay, Lindstedt, McCormick, Phillips, Rydin, Smith, Story
	36	+	Mabrey, Martinez, Mauro, Rutinel, Sirota, Titone, Velasco, Willford, Zokaie
41	37		SENATE SPONSORSHIP
42	38		Danielson and Kolker, Bridges, Cutter, Gonzales J., Hinrichsen, Kipp, Marchman,
43	39		Michaelson Jenet, Sullivan, Weissman, Winter F.
44	40		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
45	41		Capital letters or bold & italic numbers indicate new material to be added to existing law.
46	42		Dashes through the words or numbers indicate deletions from existing law. statistics (division) to waive the penalty for an employer's failure to pay
47	43		claimed wages or compensation within 14 days after a written demand if
48	44		certain specified conditions are met.
49	45		Section 4 repeals language allowing a court to award an employer
50	46		reasonable costs and attorney fees in a civil action for unpaid wages or
51	47		compensation in certain circumstances. In such an action, the court may
52	48		pursue all equitable relief to deter future violations and prevent unjust
53	49		enrichment.
54	50		Current law limits the ability of the director of the division to
55	51		adjudicate claims for nonpayment of wages or compensation to $7,500 or
56	52		less. Section 5 increases this threshold over the years by increasing the
57	53		amount to $13,000 for claims filed from July 1, 2026, through December
58	54		31, 2027, and in an amount specified by the director of the division to
59	55		adjust for inflation beginning January 1, 2028. Section 5 also requires the
60	56		division, in adjudicating wage claims, to determine whether a violation
61	57		is willful. For each violation:
62	58		! The director shall publish on the division's website the
63	59		names of all employers found to be in violation and
64	60		whether the violation was willful; and
65	61		! If the violation is not remedied within 60 days after the
66	62		division's finding that there was a violation, the division
67	63		must notify all government bodies with the authority to
68	64		deny, withdraw, or otherwise limit or impose remedial
69	65		conditions on the employer's license, permit, registration,
70	66		or other credential.
71	67		Additionally, the division may report an employer found to have
72	68		violated a law related to wages and hours to any government body with
73	69		authority to deny, withdraw, or otherwise limit or impose remedial
74	70		conditions on a license, permit, registration, or other credential that the
75	71		violating employer has or may seek. Section 5 also repeals language
76	72		requiring the division to issue a determination on a wage complaint
77	73		within 90 days.
78	74		Section 6 requires an employer found to have misclassified an
79	75		employee as a nonemployee to pay a fine in the following amounts, in
80	76		addition to any other relief ordered:
81	77		! For a willful violation, $5,000;
82	78		! For a violation not remedied within 60 days after the
83	79		division's finding, $10,000;
84	80		! For a second or subsequent willful violation within 5 years,
85	81		$25,000; or
86	82		! For a second or subsequent willful violation not remedied
87	83		within 60 days after the division's finding, $50,000.
88	84		The director of the division must adjust these fine amounts for
89	85		inflation by January 1, 2028, and every other year thereafter.
90	86		Section 6 also decreases the amount of time the division must wait
91	87		1001
92	88		-2- before paying an employee out of the wage theft enforcement fund from
93	89		6 months to 120 days.
94	90		Current law prohibits an employer from discriminating or
95	91		retaliating against an employee for taking protection under wage and hour
96	92		laws or the law related to the employment of minors. Section 7 expands
97	93		this provision to specify additional protected behavior and expands the
98	94		prohibition to include other persons in addition to employers.
99	95		Section 7 also:
100	96		! Requires a fact finder to consider the time between an
101	97		individual's exercise of a protected activity and an
102	98		employer's adverse action when determining whether an
103	99		employer has retaliated against the employee or worker;
104	100		! Specifies that any effort to use an individual's immigration
105	101		status to negatively impact the wage and hour law rights,
106	102		responsibilities, or proceedings of any employee or worker
107	103		is an unlawful act of intimidation, threatening, coercion,
108	104		discrimination, and retaliation; and
109	105		! Allows the division to order reasonable attorney fees and
110	106		costs after investigating a discrimination or retaliation
111	107		claim.
112	108		Be it enacted by the General Assembly of the State of Colorado:1
113	109		SECTION 1. In Colorado Revised Statutes, 8-4-101, amend (6)2
114	110		as follows:3
115	111		8-4-101. Definitions. As used in this article 4, unless the context4
116	112		otherwise requires:5
117	113		(6) "Employer" has the same meaning as set forth in the federal6
118	114		"Fair Labor Standards Act of 1938", 29 U.S.C. sec. 203 (d), and includes7
119	115		a foreign labor contractor, and
120	116		a migratory field labor contractor or crew8
121	117		leader,
122	118		AND EACH INDIVIDUAL WHO OWNS OR CONTROLS AT LEAST9
123	119		TWENTY-FIVE PERCENT OF THE OWNERSHIP INTERESTS IN AN EMPLOYER ;10
124	120		except that the provisions of
125	121		this article 4 do DOES not apply to A11
126	122		MINORITY OWNER OF AN EMPLOYER THAT DEMONSTRATES FULL12
127	123		DELEGATION OF ITS AUTHORITY TO CONTROL DAY -TO-DAY OPERATIONS OF13
128	124		THE EMPLOYER; the state or its agencies or entities; counties; cities and14
129	125		1001-3- counties; municipal corporations; quasi-municipal corporations; school1
130	126		districts; and irrigation, reservoir, or drainage conservation companies or2
131	127		districts organized and existing under the laws of Colorado.3
132	128		SECTION 2. In Colorado Revised Statutes, 8-4-105, amend (2)4
133	129		as follows:5
134	130		8-4-105. Payroll deductions permitted - notice required.6
135	131		(2) Nothing in this section authorizes a deduction below the
136	132		APPLICABLE7
137	133		minimum wage. applicable under the "Fair Labor Standards Act of 1938",
138	134		8
139	135		29 U.S.C. sec. 201 et seq.9
140	136		SECTION 3. In Colorado Revised Statutes, 8-4-109, amend10
141	137		(3)(b) introductory portion; and add (3.5) as follows:11
142	138		8-4-109. Termination of employment - payments required -12
143	139		civil penalties - payments to surviving spouse or heir. (3) (b) On or13
144	140		after January 1, 2023 EXCEPT AS PROVIDED IN SUBSECTION (3.5) OF THIS14
145	141		SECTION, if an employer fails or refuses to pay, in the manner specified15
146	142		in subsection (3)(d) of this section, all earned, vested, and determinable16
147	143		wages or compensation within fourteen days after the A written demand17
148	144		is sent or within fourteen days after a civil action or administrative claim18
149	145		for the wages or compensation is sent to or served on the employer, the19
150	146		employer is liable to the employee or group of similarly situated20
151	147		employees for the amount of the earned, vested, determinable, and unpaid21
152	148		wages or compensation plus an automatic penalty of:22
153	149		(3.5) T
154	150		HE DIRECTOR MAY WAIVE THE PENALTY SPECIFIED IN23
155	151		SUBSECTION (3)(b) OF THIS SECTION FOR AN EMPLOYER'S FAILURE TO PAY24
156	152		CLAIMED WAGES OR COMPENSATION WITHIN FOURTEEN DAYS AFTER A25
157	153		WRITTEN DEMAND IF THE EMPLOYER PAYS ALL CLAIMED WAGES OR26
158	154		COMPENSATION WITHIN FOURTEEN DAYS AFTER AN ADMINISTRATIVE27
159	155		1001
160	156		-4- CLAIM FOR THE SAME WAGES OR COMPENSATION IS SENT TO OR SERVED ON1
161	157		THE EMPLOYER. THE DIRECTOR SHALL NOT WAIVE THE PENALTY IF THE2
162	158		ALLEGED VIOLATION IS A SECOND OR SUBSEQUENT FAILURE OR REFUSAL3
163	159		TO PAY AN EMPLOYEE'S WAGES OR COMPENSATION WITHIN FIVE YEARS .4
164	160		SECTION 4. In Colorado Revised Statutes, 8-4-110, amend5
165	161		(1)(a) introductory portion, (1)(a)(II), and (2) as follows:6
166	162		8-4-110. Disputes - fees. (1) (a) The court may award the7
167	163		employer reasonable costs and attorney fees incurred in a civil action8
168	164		BROUGHT UNDER THIS ARTICLE 4 if, within fourteen days after a written9
169	165		demand letter is sent to or a civil action is served on the employer for10
170	166		unpaid wages or compensation:11
171	167		(II) The employees receiving such tender ultimately fail to recover12
172	168		a total sum that is greater than the amount the employer tendered THE13
173	169		COURT ULTIMATELY FINDS THAT THE EMPLOYEES RECEIVING SUCH TENDER14
174	170		PURSUED AN ACTION LACKING SUBSTANTIAL JUSTIFICATION .15
175	171		(2) Any IN ADDITION TO OTHER RELIEF AVAILABLE TO EMPLOYEES16
176	172		UNDER THIS TITLE 8, A person claiming to be aggrieved by A violation of17
177	173		any provisions of this article or regulations prescribed pursuant to this18
178	174		article THIS ARTICLE 4 OR ANY OTHER LAW OR RULE RELATED TO WAGES19
179	175		OR HOURS may file suit in any court having jurisdiction over the parties20
180	176		TO PURSUE ALL AVAILABLE EQUITABLE RELIEF , INCLUDING EQUITABLE21
181	177		RELIEF TO DETER FUTURE VIOLATIONS AND PREVENT UNJUST ENRICHMENT ,22
182	178		without regard to exhaustion of any administrative remedies.23
183	179		SECTION 5. In Colorado Revised Statutes, 8-4-111, amend24
184	180		(1)(a)(II), (2)(a)(I) introductory portion, and (8); repeal (2)(a)(III); and25
185	181		add (1)(a.5) and (9) as follows:26
186	182		8-4-111. Enforcement - duty of director - duties of district or27
187	183		1001
188	184		-5- city attorneys - local government authority to enact and enforce laws1
189	185		- rules. (1) (a) (II) The director may establish an administrative2
190	186		procedure to receive complaints and adjudicate claims for nonpayment of3
191	187		wages or compensation of:4
192	188		(A) Seven thousand five hundred dollars or less
193	189		FOR CLAIMS FILED5
194	190		THROUGH JUNE 30, 2026;6
195	191		(B) T
196	192		HIRTEEN THOUSAND DOLLARS OR LESS FOR CLAIMS FILED7
197	193		FROM JULY 1, 2026, THROUGH DECEMBER 31, 2027; AND8
198	194		(C) A
199	195		N AMOUNT THAT THE DIRECTOR SPECIFIES IN RULE BY9
200	196		J
201	197		ANUARY 1, 2028, AND BY RULE FOR EVERY OTHER YEAR THEREAFTER .10
202	198		S
203	199		UCH AMOUNT MUST BE EQUAL TO THE AMOUNT IN THE PREVIOUS11
204	200		CALENDAR YEAR INCREASED BY ONE T HOUSAND DOLLARS OR A HIGHER12
205	201		AMOUNT IF SUCH HIGHER AM OUNT IS NECESSARY TO ADJUST FOR13
206	202		INFLATION. INFLATION IS MEASURED BY THE ANNUAL PERCENTAGE14
207	203		CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF15
208	204		LABOR STATISTICS CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX, FOR16
209	205		D
210	206		ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY URBAN17
211	207		CONSUMERS.18
212	208		(a.5) I
213	209		N CARRYING OUT THE DUTIES SPECIFIED IN SUBSECTION19
214	210		(1)(a)(I)
215	211		OF THIS SECTION, THE DIRECTOR:20
216	212		(I) S
217	213		HALL PUBLISH ON THE DIVISION 'S WEBSITE, FOR ANY21
218	214		VIOLATION THAT IS A MATTER OF PUBLIC RECORD PURSUANT TO SECTION22
219	215		8-1-115 (1)(b),
220	216		THE CITATION, DETERMINATION, OR WRITTEN OPINION;23
221	217		WHETHER THE VIOLATION WAS WILLFUL ; AND THE NAMES OF ALL24
222	218		EMPLOYERS IN VIOLATION;25
223	219		(II) S
224	220		HALL REPORT AN EMPLOYER WITH A WILLFUL VIOLATION26
225	221		UNREMEDIED WITHIN SIXTY DAYS AFTER THE DIVISION 'S FINDING TO ANY27
226	222		1001
227	223		-6- GOVERNMENT B ODY WITH AUTHORITY TO DENY , WITHDRAW, OR1
228	224		OTHERWISE LIMIT OR IMPOSE REMEDIAL CONDITIONS ON THE EMPLOYER 'S2
229	225		LICENSE, PERMIT, REGISTRATION, OR OTHER CREDENTIAL. THE DIVISION3
230	226		MAY POST A DECISION AGAINST AN EMPLOYER BY A GOVERNMENT BODY4
231	227		ON THE DIVISION'S WEBSITE.5
232	228		(III) M
233	229		AY REPORT AN EMPLOYER FOUND TO HAVE VIOLATED A LAW6
234	230		RELATED TO WAGES AND HOURS TO A GOVERNMENT BODY WITH7
235	231		AUTHORITY TO DENY , WITHDRAW, OR OTHERWISE LIMIT OR IMPOSE8
236	232		REMEDIAL CONDITIONS ON THE EMPLOYER 'S LICENSE, PERMIT,9
237	233		REGISTRATION, OR OTHER CREDENTIAL . THE DIVISION MAY POST A10
238	234		DECISION AGAINST AN EMPLOYER BY A GOVERNMENT BODY ON THE11
239	235		DIVISION'S WEBSITE.12
240	236		(2) (a) (I) T
241	237		HE DIVISION SHALL INVESTIGATE A WAGE COMPLAINT13
242	238		if one or more employees file a
243	239		THE wage complaint with the division14
244	240		claiming unpaid wages or compensation,
245	241		EXCLUSIVE OF PENALTIES AND15
246	242		FINES, of seven thousand five hundred dollars or less per employee16
247	243		exclusive of penalties and fines, the division shall investigate the wage
248	244		17
249	245		complaint FOR CLAIMS FILED THROUGH JUNE 30, 2026; THIRTEEN18
250	246		THOUSAND DOLLARS OR LESS FOR CLAIMS FILED FROM JULY 1, 2026,19
251	247		THROUGH DECEMBER 31, 2027; AND AN AMOUNT THAT THE DIRECTOR20
252	248		SPECIFIES IN RULE BY JANUARY 1, 2028, AND BY RULE FOR EVERY OTHER21
253	249		YEAR THEREAFTER. SUCH AMOUNT MUST BE EQUAL TO THE AMOUNT IN22
254	250		THE PREVIOUS CALENDAR YEAR INCREASED BY ONE THOUSAND DOLLARS23
255	251		OR A HIGHER AMOUNT IF SUCH HIGHER AMOUNT IS NECESSARY TO ADJUST24
256	252		FOR INFLATION. INFLATION IS MEASURED BY THE ANNUAL PERCENTAGE25
257	253		CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF26
258	254		LABOR STATISTICS CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX, FOR27
259	255		1001
260	256		-7- DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY URBAN1
261	257		CONSUMERS. The division may investigate any A wage complaint made2
262	258		on behalf of a group of similarly situated employees. If the division3
263	259		declines to investigate a group complaint, similarly situated employees4
264	260		may consent in writing to participate as parties to that complaint, and the5
265	261		division may pursue a direct investigation informed by and concurrent6
266	262		with that complaint. The division shall initiate the administrative7
267	263		procedure by sending a notice of complaint to the employer by mail or8
268	264		electronic means in accordance with rules as the director may promulgate9
269	265		when the complaint states a claim for relief. The notice of the complaint10
270	266		must include:11
271	267		(III) The division shall issue a determination within ninety days12
272	268		after the notice of complaint is sent unless the division extends the time13
273	269		period by providing advance written notice to the employee and employer14
274	270		stating good cause for the extension of time.15
275	271		(8) Nothing in this article shall be construed to limit ARTICLE 416
276	272		LIMITS:17
277	273		(a) The authority of the district attorney of any county or city and18
278	274		county, or the city attorney of any city A PERSON DELEGATED AUTHORITY19
279	275		BY A COUNTY OR CITY AND COUNTY TO PROSECUTE CRIMINAL OFFENSES20
280	276		OR ENFORCE LAWS OR ORDINANCES RELATED TO THE PAYMENTS OF21
281	277		WAGES, to:22
282	278		(I) Prosecute actions for such violations of this article as ARTICLE23
283	279		4 THAT may come to his or her THE DISTRICT ATTORNEY'S OR THE24
284	280		DELEGATED PERSON'S knowledge; or to25
285	281		(II) Enforce the provisions of this article THIS ARTICLE 426
286	282		independently and without specific direction of the director; or to limit27
287	283		1001
288	284		-8- (b) The right of any wage claimant to sue directly or through an1
289	285		assignee for any wages or penalty due him or her under the provisions of2
290	286		this article OR OTHER RELIEF AVAILABLE PURSUANT TO THIS ARTICLE 4.3
291	287		(9) A CITY, COUNTY, OR CITY AND COUNTY MAY ENACT AND4
292	288		ENFORCE LAWS RELATED TO THE PAYMENT OF WAGES FOR WORK5
293	289		PERFORMED WITHIN ITS JURISDICTION IF THE LAWS DO NOT DIMINISH THE6
294	290		PROTECTIONS OR BENEFITS TO EMPLOYEES PROVIDED IN THIS ARTICLE 4.7
295	291		SECTION 6. In Colorado Revised Statutes, 8-4-113, amend8
296	292		(5)(a); and add (1)(a)(I.5) as follows:9
297	293		8-4-113. Fines pursuant to enforcement - wage theft10
298	294		enforcement fund - created - administrative lien and levy of employer11
299	295		assets - wage claim payments from the fund - definition - rules.12
300	296		(1) (a) (I.5) A
301	297		N EMPLOYER FOUND TO HAVE MISCLASSIFIED AN EMPLOYEE13
302	298		AS A NONEMPLOYEE IN A WAY THAT MAY AFFECT A WAGE AND HOUR14
303	299		PAYMENT OR REPORTING OBLIGATION UNDER A STATE , FEDERAL, OR LOCAL15
304	300		LAW, RULE, OR REGULATION SHALL PAY A FINE IN THE FOLLOWING16
305	301		AMOUNTS, INCREASED BY THE DIRECTOR BY RULE BY JANUARY 1, 2028,17
306	302		AND BY RULE BY JANUARY 1 EVERY OTHER YEAR BASED ON THE PRIOR18
307	303		TWO YEARS' INCREASE, IF ANY, IN THE UNITED STATES DEPARTMENT OF19
308	304		LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX , OR A20
309	305		SUCCESSOR INDEX, FOR DENVER-AURORA-LAKEWOOD FOR URBAN WAGE21
310	306		EARNERS AND CLERICAL WORKERS , PER EMPLOYEE, IN ADDITION TO ANY22
311	307		OTHER RELIEF ORDERED:23
312	308		(A) F
313	309		OR A WILLFUL VIOLATION, FIVE THOUSAND DOLLARS;24
314	310		(B) F
315	311		OR A VIOLATION NOT REMEDIED WITHIN SIXTY DAYS AFTER25
316	312		THE DIVISION'S FINDING, TEN THOUSAND DOLLARS;26
317	313		(C) F
318	314		OR A SECOND OR SUBSEQUENT WILLFUL VIOLATION WITHIN27
319	315		1001
320	316		-9- FIVE YEARS, TWENTY-FIVE THOUSAND DOLLARS; OR1
321	317		(D) F
322	318		OR A SECOND OR SUBSEQUENT WILLFUL VIOLATION NOT2
323	319		REMEDIED WITHIN SIXTY DAYS AFTER THE DIVISION 'S FINDING, FIFTY3
324	320		THOUSAND DOLLARS.4
325	321		(5) (a) On and after April 1, 2024, if an employer fails to pay an5
326	322		employee an amount of wages, compensation, or other monetary relief6
327	323		owed the employee, as determined by the division pursuant to this article7
328	324		4 or article 6 or 12 of this title 8 or as decided by a hearing officer8
329	325		pursuant to section 8-4-111.5, within six months
330	326		ONE HUNDRED TWENTY9
331	327		DAYS after the division's determination, the hearing officer's decision, or10
332	328		the expiration of any AN order from the division, the hearing officer, or11
333	329		a court staying or postponing the employer's payment obligation,12
334	330		whichever is later, the division may disburse the amount of wages,13
335	331		compensation, or other monetary relief determined to be owed the14
336	332		employee, subject to available resources in the fund and the division's15
337	333		prioritization, from the fund to the employee.16
338	334		SECTION 7. In Colorado Revised Statutes, amend 8-4-120 as17
339	335		follows:18
340	336		8-4-120. Discrimination and retaliation prohibited - employee19
341	337		protections - criminal penalties - civil remedies. (1) An employer,
342	338		OR20
343	339		ANY OTHER PERSON THAT IS REGULARLY ENGAGED IN BUSINESS OR21
344	340		COMMERCIAL ACTIVITY THAT HAS CONTRACTED WITH AN EMPLOYER OR22
345	341		WORKER, DIRECTLY OR INDIRECTLY, FOR LABOR FROM WHICH SUCH23
346	342		PERSON IS THE BENEFICIARY, shall not intimidate, threaten, restrain,24
347	343		coerce, blacklist, discharge, or in any manner discriminate or retaliate25
348	344		against any
349	345		AN employee OR WORKER who has:26
350	346		(a) Filed any A complaint or instituted or caused to be instituted27
351	347		1001
352	348		-10- any A proceeding under this article 4 or any other law or rule related to1
353	349		wages, hours, or employment of minors; or2
354	350		(b) Testified or provided other evidence, or may testify or provide3
355	351		other evidence, in any A proceeding on behalf of the employee or another4
356	352		person regarding afforded protections under this article 4 or under any5
357	353		other law or rule related to wages, or hours, OR THE EMPLOYMENT OF6
358	354		MINORS; OR7
359	355		(c) R
360	356		AISED CONCERNS IN GOOD FAITH ABOUT COMPLIANCE WITH8
361	357		OR OTHERWISE PROVIDED INFORMATION AS TO LEGAL RIGHTS AND9
362	358		REMEDIES AVAILABLE UNDER THIS ARTICLE 4 OR ANY OTHER LAW OR RULE10
363	359		RELATED TO WAGES OR HOURS TO ANY PERSON .11
364	360		(2) An employer who
365	361		A PERSON THAT violates this section12
366	362		commits a class 2 misdemeanor.13
367	363		(3) (a) An employee
368	364		OR WORKER who alleges a violation of14
369	365		subsection (1) of this section may file a civil action in a court of15
370	366		competent jurisdiction against the employer alleged to have violated this16
371	367		section to seek legal and equitable relief as appropriate to remedy the17
372	368		violation, including:18
373	369		(I) Back pay;19
374	370		(II) Reinstatement of employment or, if reinstatement is not20
375	371		feasible, front pay;21
376	372		(III) The payment of wages unlawfully withheld;22
377	373		(IV) Interest on unpaid wages at a rate of twelve percent per23
378	374		annum from the date the wages were first due;24
379	375		(V) The payment of a penalty of fifty dollars per day for each25
380	376		employee whose rights under this section were violated and for each day26
381	377		that the violation occurred or continued;27
382	378		1001
383	379		-11- (VI) Liquidated damages in an amount equal to the greater of two1
384	380		times the amount of the unpaid wages
385	381		OR OTHER LOST PAY OR2
386	382		COMPENSATION or two thousand dollars; and
387	383		3
388	384		(VII) Injunctive relief;
389	385		AND4
390	386		(VIII) C
391	387		OMPENSATORY DAMAGES FOR OTHER ECONOMIC OR5
392	388		NONECONOMIC LOSS OR INJURY SHOWN BY COMPETENT EVIDENCE .6
393	389		(b) If the employee
394	390		AN AGGRIEVED PERSON prevails in a civil7
395	391		action brought pursuant to this subsection (3), the court shall award the8
396	392		employee PERSON reasonable attorney fees and costs.9
397	393		(c) (I) I
398	394		N DETERMINING WHETHER THERE HAS BEEN RETALIATION10
399	395		AS PROHIBITED IN SUBSECTION (1) OF THIS SECTION, A FACT FINDER SHALL11
400	396		CONSIDER THE TIME BETWEEN AN INDIVIDUAL 'S EXERCISE OF A PROTECTED12
401	397		ACTIVITY AND AN EMPLOYER'S ADVERSE ACTION. A PERIOD OF NINETY OR13
402	398		FEWER DAYS BETWEEN THE EXERCISE OF A PROTECTED ACTIVITY AND THE14
403	399		ADVERSE ACTION MAY , WITHOUT MORE , BE SUFFICIENT TO FIND15
404	400		RETALIATORY INTENT.
405	401		ADVERSE ACTION OCCURRING MORE THAN NINETY16
406	402		DAYS AFTER THE EXERCISE OF A PROTECTED ACTIVITY MAY ALSO17
407	403		CONSTITUTE RETALIATION.18
408	404		(II) ANY EFFORT TO USE AN INDIVIDUAL'S IMMIGRATION STATUS 19
409	405		TO IN ANY MANNER DISCRIMINATE OR RETALIATE AGAINST AN EMPLOYEE20
410	406		OR WORKER WHO HAS ENGAGED IN ACTIVITY DESCRIBED IN SUBSECTION21
411	407		(1) OF THIS SECTION IS A VIOLATION OF THIS SECTION.22
412	408		(4) The division may investigate and enforce discrimination or23
413	409		retaliation prohibited by this article 4 or article 6 of this title 8 and, after24
414	410		investigation, may order the relief specified in subsection (3)(a) of this25
415	411		section
416	412		AND REASONABLE ATTORNEY FEES AND COSTS .26
417	413		SECTION 8. Appropriation. For the 2025-26 state fiscal year,27
418	414		1001
419	415		-12- $208,979 is appropriated to the department of labor and employment for1
420	416		use by the division of labor standards and statistics. This appropriation is2
421	417		from the general fund and is based on an assumption that the division will3
422	418		require an additional 1.8 FTE. To implement this act, the division may4
423	419		use this appropriation for program costs related to labor standards.5
424	420		SECTION 9. Act subject to petition - effective date -6
425	421		applicability. (1) This act takes effect at 12:01 a.m. on the day following7
426	422		the expiration of the ninety-day period after final adjournment of the8
427	423		general assembly; except that, if a referendum petition is filed pursuant9
428	424		to section 1 (3) of article V of the state constitution against this act or an10
429	425		item, section, or part of this act within such period, then the act, item,11
430	426		section, or part will not take effect unless approved by the people at the12
431	427		general election to be held in November 2026 and, in such case, will take13
432	428		effect on the date of the official declaration of the vote thereon by the14
433	429		governor.15
434	430		(2) This act applies to conduct occurring on or after the applicable16
435	431		effective date of this act.17
436	432		1001
437	433		-13-