C.R.S. § 8-12-101 Short title
8-12-101. Short title. This article shall be known and may be cited as the "Colorado Youth Employment Opportunity Act of 1971".
Colorado Youth Employment Opportunity Act
C.R.S. tit. 8, art. 12
in effectC.R.S. § 8-12-102 Legislative declaration
8-12-102. Legislative declaration. (1) It is the policy of this state to foster the economic, social, and educational development of young people through employment. Work is an integral factor in providing a sense of purpose, direction, and self-esteem necessary to the overall physical and mental health of an individual. In the first part of this century, state and federal laws and regulations were needed to prevent the exploitation of child labor. Unfortunately, such legislation also has tended, on occasion, to limit and curtail opportunities for minors to participate in reasonable work experiences. Young people, especially those who have completed high school or occupational training and no longer are in school, should not be denied employment opportunities because of arbitrary minimum age limits. Work, however, should be coordinated with schooling wherever appropriate. Work and study combined must be developed in the interest of the youth to be trained.
(2) Repealed.
C.R.S. § 8-12-103 Definitions
8-12-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Repealed.
(2) "Director" means the director of the division of labor standards and statistics.
(3) "Division" means the division of labor standards and statistics in the department of labor and employment.
(4) "Employment" means any occupation engaged in for compensation in money or other valuable consideration, whether paid to the minor or to some other person, including, but not limited to, occupation as a servant, agent, subagent, or independent contractor.
(5) "Minor" means any person under the age of eighteen, except a person who has received a high school diploma or a passing score on the general educational development examination. The state board of education may administer the general educational development examination to any minor seventeen years of age or older who wishes to be considered an adult for the purpose of this article if such person is qualified to take the examination under the standards established by the state board of education.
(6) "School day" means any day when normal classes are in session during the regular school year in the school district.
(7) "School hours" means that period during which the student is expected to be in school in the school district.
C.R.S. § 8-12-104 Exemptions
8-12-104. Exemptions. (1) The provisions of this article, except section 8-12-110, shall not apply to the following:
(a) School work and supervised educational activities;
(b) Home chores;
(c) Work done for a parent or guardian, except where the parent or guardian receives any payment therefor;
(d) Newsboys and newspaper carriers.
(2) Any minor employed as an actor, model, or performer shall be exempt from the provisions of subsection (1) of section 8-12-105.
(3) The director may grant exemptions from any provision of this article, except for sections 8-12-113 and 8-12-114, for an individual minor if he finds that such an exemption would be in the best interests of the minor involved. In granting exemptions, the director shall consider, among other things, the previous training which the minor has received in his proposed occupation and his knowledge of the proper safety measures to be taken in connection with such occupation. The director may require any applicant for an exemption from section 8-12-110 to submit to a test of his ability to perform the skills required for the proposed occupation. Such tests may be administered by a community and technical college, a private occupational school, or any other institution which offers courses in the skills required, which courses are approved by either the state board for community colleges and occupational education or the private occupational school division.
(4) Any employer, minor, minor's parent or guardian, school official, or youth employment specialist may request an exemption, as provided in subsection (3) of this section, from a provision of this article.
C.R.S. § 8-12-105 Minimum age requirements - maximum hours of work
8-12-105. Minimum age requirements - maximum hours of work. (1) No minor under the age of fourteen shall be permitted employment in this state except as authorized by sections 8-12-104, 8-12-106, and 8-12-107.
(2) On school days, during school hours, no minor under the age of sixteen shall be permitted employment except as provided in section 8-12-113; and, after school hours, no minor under the age of sixteen shall be permitted to work in excess of six hours unless the next day is not a school day.
(3) Except for babysitters, no minor under the age of sixteen shall be permitted to work between the hours of nine-thirty p.m. and five a.m., except as authorized by section 8-12-104 (2), unless the next day is not a school day.
(4) Except for the provisions of subsection (5) of this section, no employer shall be permitted to work a minor more than forty hours in a week or more than eight hours in any twenty-four-hour period. In case of emergencies which may arise in the conduct of an industry or occupation (not subject to a wage order promulgated under article 6 of this title) the director may authorize an employer to allow a minor to work more than eight hours in a twenty-four-hour period. In such emergencies an employee shall be paid at a rate of one and one-half times his time rate as determined in accordance with the provisions of section 8-6-106 for each hour worked in excess of forty hours in a week.
(5) In seasonal employment for the culture, harvest, or care of perishable products where wages are paid on a piece basis, as determined in accordance with the provisions of section 8-6-106, a minor fourteen years of age or older may be permitted to work hours in excess of the limitations of subsection (4) of this section; but in no case is he permitted to work more than twelve hours in any twenty-four-hour period nor more than thirty hours in any seventy-two-hour period; except that a minor fourteen or fifteen years of age may work more than eight hours per day on only ten days in any thirty-day period. Overtime wage provisions of subsection (4) of this section shall not apply to this subsection (5).
C.R.S. § 8-12-106 Permissible occupations at age nine or older
8-12-106. Permissible occupations at age nine or older. (1) Subject to the limitations of sections 8-12-105 and 8-12-110, any minor at age nine or older shall be permitted employment in any of the following nonhazardous occupations:
(a) Delivery of handbills, advertising, and advertising samples;
(b) Shoeshining;
(c) Gardening and care of lawns involving no power-driven lawn equipment;
(d) Cleaning of walks involving no power-driven snow-removal equipment;
(e) Casual work usual to the home of the employer and not specifically prohibited in this article;
(f) Caddying on golf courses;
(g) Any other occupation which is similar to those enumerated in this subsection (1) and is not specifically prohibited by this article.
C.R.S. § 8-12-107 Permissible occupations at age twelve or older
8-12-107. Permissible occupations at age twelve or older. (1) Subject to the limitations of sections 8-12-105 and 8-12-110, any minor at age twelve or older shall be permitted employment in any of the following nonhazardous occupations:
(a) Sale and delivery of periodicals and door-to-door selling of merchandise and the delivery thereof;
(b) Babysitting;
(c) Gardening and care of lawns, including the operation of power-driven lawn equipment if such type of equipment is approved by the division or if the minor has received training conducted or approved by the division in the operation of the equipment;
(d) Cleaning of walks, including the operation of power-driven snow-removal equipment;
(e) Agricultural work, except for that declared to be hazardous under the "Fair Labor Standards Act of 1938", as amended. However, it is the intent of the general assembly that migrant children eligible for attendance at migrant schools be encouraged to attend such schools.
(f) Any other occupation which is similar to those enumerated in this subsection (1) and is not specifically prohibited by this article.
C.R.S. § 8-12-108 Permissible occupations at age fourteen or older
8-12-108. Permissible occupations at age fourteen or older. (1) In addition to the occupations permitted by sections 8-12-106 and 8-12-107, and subject to the limitations of sections 8-12-105 and 8-12-110, any minor fourteen years of age or older shall be permitted employment in any of the following occupations:
(a) Nonhazardous occupations in manufacturing;
(b) Public messenger service and errands by foot, bicycle, and public transportation;
(c) Operation of automatic enclosed freight and passenger elevators;
(d) Janitorial and custodial service, including the operation of vacuum cleaners and floor waxers;
(e) Office work and clerical work, including the operation of office equipment;
(f) Warehousing and storage, including unloading and loading of vehicles;
(g) Nonhazardous construction and nonhazardous repair work. The operation of motor vehicles shall be subject to article 2 of title 42, C.R.S.
(h) Occupations in retail food service;
(i) Occupations in gasoline service establishments, including but not limited to dispensing gasoline, oil, and other consumer items, courtesy service, car cleaning, washing, and polishing, the use of hoists where supervised, and changing tires; except that no minor may inflate or change any tire mounted on a rim equipped with a removable retaining ring. The operation of motor vehicles shall be subject to article 2 of title 42, C.R.S.
(j) Occupations in retail stores, including cashiering, selling, modeling, art work, work in advertising departments, window trimming, price marking by hand or machine, assembling orders, packing and shelving, or bagging and carrying out customers' orders;
(k) Occupations in restaurants, hotels, motels, or other public accommodations, except the operation of power food slicers and grinders;
(l) Occupations related to parks or recreation, including but not limited to recreation aides and conservation projects;
(m) Any other occupation which is similar to those enumerated in this subsection (l) and not specifically prohibited by this article.
C.R.S. § 8-12-109 Permissible occupations at age sixteen or older
8-12-109. Permissible occupations at age sixteen or older. In addition to the occupations permitted by sections 8-12-106 to 8-12-108 and subject to the limitations of sections 8-12-105 and 8-12-110, any minor sixteen years of age or older shall be permitted employment in any occupation which involves the use of a motor vehicle if the minor is licensed to operate the motor vehicle for such purpose pursuant to article 2 of title 42, C.R.S.
C.R.S. § 8-12-110 Hazardous occupations prohibited for minors
8-12-110. Hazardous occupations prohibited for minors. (1) No minor shall be permitted employment in any occupation declared to be hazardous in subsection (2) of this section unless such minor is fourteen years of age or older and he is employed:
(a) Incidental to or upon completion of a program of apprentice training;
(b) Incidental to or upon completion of a student-learner program of occupational education under the auspices of a public school, local district college, community and technical college, federally funded work-training program, or private occupational school approved by the private occupational school division;
(c) Upon completion of any other program of training approved by the state board for community colleges and occupational education; or
(d) Upon completion of a program of occupational education conducted outside this state which the director determines offers instructional quality and content comparable to that offered in programs certified by the state board for community colleges and occupational education.
(2) The following occupations are declared to be hazardous:
(a) Operation of any high pressure steam boiler or high temperature water boiler;
(b) Work which primarily involves the risk of falling from any elevated place located ten feet or more above the ground except that work defined as agricultural involving elevations of twenty feet or less above ground;
(c) Manufacturing, transporting, or storing of explosives;
(d) Mining, logging, oil drilling, or quarrying;
(e) Any occupation involving exposure to radioactive substances or ionizing radiation;
(f) Operation of the following power-driven machinery: Woodworking machines, metal-forming machines, punching or shearing machines, bakery machines, paper products machines, shears, and automatic pin-setting machines and any other power-driven machinery which the director determines to be hazardous;
(g) Slaughter of livestock and rendering and packaging of meat;
(h) Occupations directly involved in the manufacture of brick or other clay construction products or of silica refractory products;
(i) Wrecking or demolition, but not including manual auto wrecking;
(j) Roofing;
(k) Occupations in excavation operations.
(3) The director shall promulgate regulations, in accordance with section 24-4-103, C.R.S., to define the occupations prohibited under this section and to prescribe what types of equipment shall be required to make an occupation nonhazardous for minors.
C.R.S. § 8-12-111 Age certificates
8-12-111. Age certificates. (1) Any employer desiring proof of the age of any minor employee or prospective employee may require the minor to submit an age certificate. Upon request of a minor, an age certificate shall be issued by or under the authority of the school superintendent of the district or county in which the applicant resides. The superintendents, principals, or headmasters of independent or parochial schools shall issue age certificates to minors who attend such schools.
(2) The age certificate shall show the age of the minor, the date of his birth, the date of issuance of the certificate, the name and position of the issuing officer, the name, address, and description of the minor, and what evidence was accepted as proof of age. The age certificate shall also show the school hours applicable and shall state that a separate school release permit is required for minors under sixteen to work on regular school days during such school hours. It shall be signed by the issuing officer and by the minor in his presence.
(3) An age certificate shall not be issued unless the minor's birth certificate or a photocopy or extract thereof is exhibited to the issuing officer, or unless such evidence was previously examined by the school authorities and the information is shown on the school records. If a birth certificate is not available, other documentary evidence such as a baptismal certificate or a passport may be accepted. If such evidence is not available, the parent or guardian shall appear with the minor and shall make an oath before the judge or other officer of the juvenile or county court as to the age of the minor.
(4) The employer shall keep an age certificate received by him for the duration of the minor's employment and shall keep on file all age certificates where they may be readily examined by an agent of the division. Upon termination of employment and upon request, the certificate shall be returned to the minor.
C.R.S. § 8-12-112 Proof of high school diploma, passing score on general educational development examination, or completion of career and technical education program
8-12-112. Proof of high school diploma, passing score on general educational development examination, or completion of career and technical education program. Any employer may require proof of a high school diploma, a passing score on the general educational development examination, or completion of a career and technical education program. The employer shall maintain a record of the high school diploma, proof of a passing score on the general educational development examination, or completion of a career and technical education program.
C.R.S. § 8-12-113 School release permit
8-12-113. School release permit. (1) Any minor fourteen or fifteen years of age who wishes to work on school days during school hours shall first secure a school release permit. The permit shall be issued only by the school district superintendent, his agent, or some other person designated by the board of education. The school release permit shall be issued only for a specific position with a designated employer. The permit shall be for a specific length of time not to exceed thirty days. The permit shall be canceled upon the termination of such employment and shall be issued only in the following circumstances:
(a) If the minor is to be employed in an occupation not prohibited by section 8-12-110 and as evidence thereof presents a signed statement from his prospective employer; and
(b) If the parent or guardian of the minor consents to the employment; and
(c) If the issuing officer believes the best interests of the minor will be served by permitting him to work.
(2) The school release permit shall show the name, address, and description of the minor, the name and address of the employer, the kind of work to be performed, and the hours of exemption and shall also require the signature of the parent and the minor in the presence of the issuing officer.
(3) Inasmuch as it is desirable and practical to encourage school attendance by minors at least part time, no school release permit shall be issued under this section unless limited to require class attendance by the minor for at least three class hours each regular school day; except that, in cases of extreme hardship, class attendance may be waived if the issuing officer determines that such action would be in the best interest of the minor.
(4) If the issuing officer is in doubt about whether the proposed employment is in accordance with this article, he shall consult with the division before issuing the permit.
(5) Upon termination for any reason of the employment authorized, the employer shall return the school release permit directly to the issuing officer with a notation showing the date of termination.
(6) The issuing officer is authorized to cancel a school release permit if the issuing officer determines that the action would be in the best interest of the minor. If a school release permit is canceled, for reasons other than the termination of employment for which the permit was granted, the minor shall be entitled to a review of the cancellation by the court having jurisdiction of juvenile matters in the county in which the minor resides, in accordance with the procedures established by section 8-12-114.
C.R.S. § 8-12-114 Appeal from denial or cancellation of school release permit - procedure
8-12-114. Appeal from denial or cancellation of school release permit - procedure. (1) If a minor is refused a school release permit or has had a school release permit canceled for reasons other than the termination of employment for which the permit was granted, he shall be entitled to review by the court having jurisdiction of juvenile matters in the county in which the minor resides, in accordance with the procedures described in this section.
(2) The official who refused to issue or canceled the school release permit shall, upon demand made within five days after the refusal or cancellation, promptly furnish the minor and his parent or guardian with a written statement of the reasons for such refusal or cancellation.
(3) Within five days after the receipt of such statement, the minor and his parent or guardian may petition the court for an order directing the issuance or reissuance of a school release permit. The petition shall state the reasons why the court should issue such an order, and the petitioner shall attach to such petition the statement of the issuing officer obtained as provided in subsection (2) of this section.
(4) The court shall hold a hearing and receive such further testimony and evidence as it deems necessary. If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.
(5) No fee shall be charged by the court in such proceedings.
C.R.S. § 8-12-115 Director of division of labor standards and statistics - powers and duties - public records - filing final orders - rules - definition
8-12-115. Director of division of labor standards and statistics - powers and duties - public records - filing final orders - rules - definition. (1) The director shall enforce the provisions of this article.
(2) The director shall take the necessary steps to inform employers, school authorities, and the general public regarding the provisions of this article, and he shall work with other public and private agencies to minimize the obstacles to legitimate employment of minors.
(3) [Editor's note: This version of subsection (3) is effective until January 1, 2025.] The director shall receive and investigate complaints and may from time to time visit employers at reasonable times and inspect pertinent records to determine compliance with this article.
(3) [Editor's note: This version of subsection (3) is effective January 1, 2025.] (a) The director shall receive and investigate complaints and may from time to time visit employers at reasonable times and inspect pertinent records to determine compliance with this article 12.
(b) For the purpose of investigating a violation of this article 12, the director may apply the information-gathering authorizations described in article 1 of this title 8 to an employer, an employee, or other person.
(4) [Editor's note: This version of subsection (4) is effective until January 1, 2025.] (a) If investigation of any place of employment or complaint discloses a violation of this article, except section 8-12-105 (3), the director shall give the employer written notice describing the violation and specifying the provisions of this article that such employer is allegedly violating. Within ten days of receipt of such notice of violation, the employer may file a written request for a hearing on the issue of whether the violation exists, which hearing shall be conducted in accordance with section 24-4-105, C.R.S. After a hearing concerning a violation of this article, or after the expiration of twenty days after the issuance of a notice of violation during which the employer has neither requested a hearing nor ceased the conduct that constitutes the alleged violation, the director may issue a final order requiring the employer to cease and desist the conduct found to be in violation. At any time thereafter, the director may order the violating employer to pay a penalty of twenty dollars for each offense. Each day that the conduct constituting the violation is continued after the order is made final, and each minor employed in violation of this article, constitutes a separate offense. The order imposing the penalty shall become final upon issuance, and the penalty shall be due and payable thirty days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 24-4-105, C.R.S. All penalties imposed by this section shall be collected as provided in section 8-1-142.
e. The order imposing the penalty shall become final upon issuance, and the penalty shall be due and payable thirty days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 24-4-105, C.R.S. All penalties imposed by this section shall be collected as provided in section 8-1-142.
(b) (I) If investigation of any place of employment or complaint discloses a violation of section 8-12-105 (3), the director shall give the employer written notice describing the violation and specifying the provisions of this article that such employer is allegedly violating. Within ten days after receipt of such notice of violation, the employer may file a written request for a hearing on the issue of whether the violation exists, which hearing shall be conducted in accordance with section 24-4-105, C.R.S. After a hearing concerning a violation of section 8-12-105 (3), or after the expiration of twenty days after the issuance of a notice of violation during which the employer has neither requested a hearing nor ceased the conduct which constitutes the alleged violation, the director may issue a final order requiring the employer to cease and desist the conduct found to be in violation. At any time thereafter, the director may order the violating employer to pay a penalty pursuant to subparagraph (II) of this paragraph (b). The order imposing the penalty shall become final upon issuance, and the penalty shall be due and payable thirty days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 24-4-105, C.R.S. All penalties imposed by this section shall be collected as provided in section 8-1-142.
(II) Failure to comply with the provisions of this paragraph (b) shall make the offender liable for administrative fines pursuant to the following penalty schedule:
(A) For a first offense, by a fine of not less than two hundred dollars nor more than five hundred dollars;
(B) For a second offense within six months after the first offense, by a fine of not less than five hundred dollars nor more than one thousand dollars;
(C) For a third or subsequent offense within six months after the first offense, by a fine of not less than one thousand dollars nor more than ten thousand dollars.
(4) [Editor's note: This version of subsection (4) is effective January 1, 2025.] (a) If investigation of any place of employment or complaint discloses a violation of this article 12, the director shall give the employer a written notice of violation describing the violation, ordering monetary or other relief as appropriate, and specifying the provisions of this article 12 that the employer violated. Within thirty-five days after receipt of the notice of violation, the employer may file a written request for an appeal hearing, which shall be conducted in accordance with section 8-4-111.5.
(b) At any time after issuance of a final order, the director may order penalties pursuant to section 8-1-140 (2) for each offense. Each day that the conduct constituting the violation is continued after the order is made final, and each minor employed in violation of this article 12, constitutes a separate offense. The order imposing the penalty is final upon issuance, and the penalty is due and payable thirty-five days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 8-4-111.5.
rder is made final, and each minor employed in violation of this article 12, constitutes a separate offense. The order imposing the penalty is final upon issuance, and the penalty is due and payable thirty-five days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 8-4-111.5.
(c) The division shall collect all penalties imposed by this section as provided in section 8-1-142 and transmit the collected penalties to the state treasurer. The state treasurer shall deposit the money into the wage theft enforcement fund created in section 8-4-113 (3).
(4.5) [Editor's note: Subsection (4.5) is effective January 1, 2025.] (a) After twenty days elapse to allow an employer to notify the director of a potential trade secret pursuant to subsection (4.5)(a)(II) of this section, the division shall treat any final order issued for a violation of this article 12 as a public record and shall release the information related to the violation to the public upon request pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24; except that:
(I) The division shall redact any identifying information pertaining to a minor worker; and
(II) The division shall not release information related to a violation of this article 12 if the director makes a determination that the information is a trade secret. Upon issuing a final order, the director shall notify the employer of the potential release of the information. The employer may, within twenty days after the notification, provide the director with any documentation demonstrating that the information, or specific matters included in the information, is a trade secret. If the director, in the director's discretion, determines that the information, or any portion of the information, is a trade secret, the director shall treat the information as confidential.
(b) As used in this subsection (4.5), "trade secret" has the meaning set forth in section 7-74-102 (4).
(5) The findings, orders, and penalties made by the director shall be subject to judicial review pursuant to section 24-4-106, C.R.S.
(5.5) [Editor's note: Subsection (5.5) is effective January 1, 2025.] (a) The director may, or, at the request of any individual aggrieved by a violation of this article 12, shall, file a certified copy of a final order issued pursuant to this article 12 with the clerk of any court having jurisdiction over the parties at any time after the entry of the order. The director may file one certified copy of the final order for all amounts owed to, or for other relief for, all individuals aggrieved.
(b) The clerk of the court shall record the final order in the judgment book of the court and make an entry in the judgment docket. Upon recording, the final order has the effect of and may be executed as a judgment of the court.
(c) (I) Upon recording pursuant to subsection (5.5)(b) of this section, the judgment is sufficient to support the issuance of writs of garnishment in the manner provided by law in the case of a judgment that is wholly or partially unsatisfied.
(II) The court shall mail a copy of the judgment to all parties to the matter within three days after the director has filed the order with the clerk of the court.
(6) The director may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by this article.
(7) The director, in accordance with section 24-4-103, C.R.S., shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article.
(8) [Editor's note: Subsection (8) is effective January 1, 2025.] The director may adopt rules as necessary to implement and administer this article 12.
C.R.S. § 8-12-116 Penalty and damages for violations
8-12-116. Penalty and damages for violations. [Editor's note: This version of this section is effective January 1, 2025.] (1) Any person, including any firm or corporation, or any agent, manager, superintendent, or foreperson of any firm or corporation, that, individually or through an agent, subagent, manager, superintendent, or foreperson, violates or fails to comply with this article 12 is subject to the following penalties:
(a) Except as described in subsections (1)(c) and (5) of this section, a person who commits a violation of section 8-12-110 or rules promulgated under that section shall be required to pay a fine of not less than two thousand dollars but not more than four thousand dollars;
(b) Except as described in subsections (1)(d) and (5) of this section, a person who commits a violation of any provision of this article 12 other than section 8-12-110 shall be required to pay a fine of not less than two hundred fifty dollars but not more than one thousand dollars;
(c) A person who commits a willful violation of section 8-12-110 or rules promulgated under that section or a second or subsequent violation of section 8-12-110 or rules promulgated under that section within five years after the person's most recent violation of this article 12 shall be required to pay a fine of not less than five thousand dollars but not more than ten thousand dollars; and
(d) A person who commits a willful violation of any provision of this article 12 other than section 8-12-110 or a second or subsequent violation of any provision of this article 12 other than section 8-12-110 within five years after the person's most recent violation of this article 12 shall be required to pay a fine of not less than five hundred dollars but not more than four thousand dollars.
(2) The division shall collect all penalties imposed by subsection (1) of this section as provided in section 8-1-142 and transmit the collected penalties to the state treasurer. The state treasurer shall deposit the money into the wage theft enforcement fund created in section 8-4-113 (3).
(3) In addition to any penalties to which a person may be subject pursuant to subsection (1) of this section, any person, including any firm or corporation, or any agent, manager, superintendent, or foreperson of any firm or corporation, that, individually or through an agent, subagent, foreperson, superintendent, or manager, violates or fails to comply with this article 12 is liable for damages in the following amounts payable to any individual aggrieved:
(a) Except as described in subsections (3)(c) and (5) of this section, not less than seven thousand dollars but not more than twenty-seven thousand dollars for the first violation of section 8-12-110 or rules promulgated under that section;
(b) Except as described in subsections (3)(d) and (5) of this section, not less than five hundred dollars but not more than two thousand dollars for the first violation of any provision of this article 12 other than section 8-12-110;
(c) Not less than fifteen thousand dollars but not more than sixty-five thousand dollars for a willful violation of section 8-12-110 or rules promulgated under that section or a second or subsequent violation of section 8-12-110 or rules promulgated under that section within five years after the person's most recent violation of this article 12; or
of this article 12 other than section 8-12-110;
(c) Not less than fifteen thousand dollars but not more than sixty-five thousand dollars for a willful violation of section 8-12-110 or rules promulgated under that section or a second or subsequent violation of section 8-12-110 or rules promulgated under that section within five years after the person's most recent violation of this article 12; or
(d) Not less than two thousand dollars but not more than six thousand dollars for a willful violation of any provision of this article 12 other than section 8-12-110 or a second or subsequent violation of any provision of this article 12 other than section 8-12-110 within five years after the person's most recent violation of this article 12.
(4) All damages that a person is ordered to pay pursuant to subsection (3) of this section must be paid to the person aggrieved unless that person, after reasonable and diligent effort by the director, cannot be found, in which case the damages must be paid to the state treasurer, who shall deposit the money into the wage theft enforcement fund created in section 8-4-113 (3).
(5) (a) The division may reduce or decline to impose penalties or damages pursuant to subsection (1) or (3) of this section if:
(I) The minor worker intentionally misled the employer with regard to the minor's age; and
(II) The employer engaged in outreach to a reliable third party to verify the minor worker's age if any reasonable employer could have believed that the minor worker might be under eighteen years of age at the time of hiring. The receipt of an age certificate, as described in section 8-12-111, constitutes outreach to a reliable third party.
(b) In determining whether to reduce or decline to impose damages as described in subsection (5)(a) of this section, the division shall consider the following factors:
(I) The reasonableness of efforts taken by the employer to verify the age of the minor worker;
(II) The employer's history of compliance or noncompliance with this article 12;
(III) Corrective action taken by the employer; and
(IV) Harm to the minor worker.
(6) In addition to any penalties or damages to which a person may be subject pursuant to subsection (1) or (3) of this section, any person, firm, or corporation, or any agent, manager, superintendent, or foreman of any firm or corporation, who, by oneself or through an agent, subagent, foreman, superintendent, or manager, knowingly violates or knowingly fails to comply with any of the provisions of this article 12 commits a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars for each offense. Upon conviction of a second or subsequent offense, such person shall be punished by a fine of not less than five hundred dollars nor more than two thousand dollars.
(7) On January 1, 2026, and on January 1 of each year thereafter, the division shall increase the penalty and damage amounts described in this section for inflation, if any. The division may round the adjusted amount upward to the nearest dollar. Inflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers. The director shall publish updated penalty and damage amounts annually.
C.R.S. § 8-12-117 Remedies for violations - workers' compensation - remedies at law and in equity
8-12-117. Remedies for violations - workers' compensation - remedies at law and in equity. (1) All minors, whether lawfully or unlawfully employed, are subject to the rights and remedies of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title 8, if the employer is included within the meaning of section 8-40-203.
(2) Persons aggrieved by violations of this article 12 may pursue remedies at law and in equity, including remedies in tort, and remedies under the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title 8, if:
(a) An injury occurs to a minor during a week when the employer intentionally required the minor to work hours in violation of those allowed by this article 12; or
(b) An injury occurs to a minor while the minor was engaging in work prohibited by this article 12.
(3) Economic damages for claims in tort recovered by a party aggrieved by a violation of this article 12 against the employer of a minor pursuant to subsection (2) of this section must be reduced by the amount of compensation and benefits that the minor or the minor's dependents received for the same harm through the employer's workers' compensation insurance policy pursuant to articles 40 to 47 of this title 8.
C.R.S. § 8-12-118 Protection from retaliation - rebuttable presumption of retaliation
8-12-118. Protection from retaliation - rebuttable presumption of retaliation. [Editor's note: This section is effective January 1, 2025.] (1) The retaliation protections described in section 8-4-120 protect an individual attempting to exercise any right protected under this article 12.
(2) If a person, including any firm or corporation, or any agent, manager, superintendent, or foreperson of any firm or corporation, individually or through an agent, subagent, manager, superintendent, or foreperson, takes a disciplinary or adverse action against an individual aggrieved by a violation of this article 12 within ninety calendar days after the individual aggrieved exercises a right protected under this article 12, there is a rebuttable presumption that the action was retaliatory.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-08.docxFetched: 10/6/2026