(1) The director and the division have jurisdiction over the enforcement of this part 4 and may exercise all powers granted under article 1 of this title 8 to enforce this part 4.
The division may enforce the requirements of this part 4.
Pursuant to section 8-1-130, any findings, awards, or orders issued by the directorwith respect to enforcement of this part 4 constitute final agency action, and any person affected by such final agency action may seek judicial review as provided in section 24-4-106.
(a) A person aggrieved by a violation of this part 4 may commence a civil action in district court no later than two years after the violation occurs. A violation of this part 4 occurs on each occasion that a person is affected by a failure to provide paid sick leave or retaliation related to paid sick leave.
(b) (I) Beginning January 1, 2021, an employer with sixteen or more employees who violates this part 4 is liable for back pay and any other relief as provided by section 8-5-104 (2)(a) and (2)(b). This subsection (4)(b)(I) is repealed, effective January 1, 2022.
(II) Beginning January 1, 2022, an employer who violates this part 4 is liable for back pay and any other relief as provided by section 8-5-104 (2)(a) and (2)(b).
If a civil action is commenced under this section, any party to the civil action maydemand a trial by jury.
Before commencing any civil action under this section, an aggrieved person must, inaccordance with article 4 of this title 8, submit a complaint to the division or make a written demand for compensation or other relief to the employer. An employer has fourteen days to respond after receiving either a notice from the division that a complaint has been filed with the division or a written demand from the aggrieved person for compensation or other relief under this part 4.
If a person aggrieved by a violation of this part 4 files a civil action to enforce ajudgment made under this section, the court shall waive any filing fee required under article 32 of title 13.
Nothing in this section prevents an aggrieved person from filing a charge with thedivision pursuant to this section.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1454, § 1, effective July 14.