Definitions - repeal.

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As used in this article 5, unless the context otherwise requires:

  1. Repealed.

  2. "Director" means the director of the division of labor standards and statistics.

  3. (a) "Division" means the division of labor standards and statistics in the department of labor and employment.

(b) This subsection (3) is repealed, effective January 1, 2021.

(4) [Editor's note: This version of subsection (4) is effective until January 1, 2021.] "Employee" means any individual in the employment of any employer.

  1. [Editor's note: This version of subsection (4) is effective January 1, 2021.] "Employee" means a person employed by an employer.

  2. [Editor's note: This version of subsection (5) is effective until January 1, 2021.] "Employer" means the state and every county, city, town, and body corporate and politic therein and every person, corporation, partnership, and association, including those operating in a representative capacity.

  1. [Editor's note: This version of subsection (5) is effective January 1, 2021.] "Employer" means the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state.

  2. (a) "Employment" means any trade, occupation, job, or position in which any person may be engaged in the service of another for wages or salary, except household and domestic servants and farm and ranch laborers.

(b) This subsection (6) is repealed, effective January 1, 2021.

  1. [Editor's note: Subsection (7) is effective January 1, 2021.] "Liquidated damages" means damages to compensate an employee for the delay in receiving amounts due as a result of an employer's violation of this article 5. "Liquidated damages" does not constitute a penalty to the employer.

  2. [Editor's note: Subsection (8) is effective January 1, 2021.] "Sex" means an employee's gender identity.

  3. [Editor's note: Subsection (9) is effective January 1, 2021.] "Wage rate" means:

  1. For an employee paid on an hourly basis, the hourly compensation paid to the employee plus the value per hour of all other compensation and benefits received by the employee from the employer; and

  2. For an employee paid on a salary basis, the total of all compensation and benefitsreceived by the employee from the employer.

Source: L. 55: p. 503, § 1. CRS 53: § 80-23-1. C.R.S. 1963: § 80-3-1. L. 69: p. 593, §

68. L. 86: (1) repealed, p. 502, § 125, effective July 1. L. 2016: (2) and (3) amended, (HB 161323), ch. 131, p. 378, § 11, effective August 10. L. 2019: IP, (4), and (5) amended and (7), (8), and (9) added, (SB 19-085), ch. 247, p. 2412, § 3, effective January 1, 2021; (3)(b) and (6)(b) added by revision, (SB 19-085), ch. 247, pp. 2412, 2417, §§ 3, 9.

Editor's note: Section 9(2) of chapter 247 (SB 19-085), Session Laws of Colorado 2019, provides that the act changing this section applies to violations that occur on or after January 1, 2021.

Cross references: For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.


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