Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-6 - PREVAILING WAGE AND RESIDENCY (PWR) RULES
7 - Remedies and Fines
Universal Citation: 7 CO Code Regs 1103-6 ยง 7
Current through Register Vol. 47, No. 5, March 10, 2024
7.1 KJICA Remedies and Fines
7.1.1 If the
Division determines that a contractor has knowingly violated Rule 3, it shall
subject the contractor to the following fines:
(A) for the first violation, either five
thousand dollars or an amount equal to one percent of the cost of the contract,
whichever is less;
(B) for the
second violation, either ten thousand dollars or an amount equal to one percent
of the cost of the contract, whichever is less; or
(C) for the third violation and any
subsequent violation thereafter, either twenty-five thousand dollars or an
amount equal to one percent of the cost of the contract, whichever is less.
If the Division has imposed three or more KJICA fines on a contractor within the past five years and finds the violations to be egregious, the Division may initiate the process to debar the contractor pursuant to C.R.S. § 24-109-105.
7.2 Prevailing Wage Act Remedies and Fines
7.2.1 If the Division reaches a
determination pursuant to Rule 5 of the Wage Protection Rules,
7 CCR
1103-7, that a willful violation of Rule 4 of these
Rules occurred, the Division may order any remedies permitted by law, including
but not limited to that the Division:
(A)
shall order restitution of applicable back pay for the impacted employees,
including damages in an amount equal to the amount of unpaid wages or benefits
owed, and any penalties that may be awarded under the Colorado Wage Act (unpaid
fringe benefit contributions owed shall be paid to the appropriate benefit
fund, except that in the absence of an appropriate fund the benefit shall be
paid directly to the individuals), and
(B) shall subject the contractor to the
following fines:
(1) for the first violation,
five thousand dollars;
(2) for the
second violation, ten thousand dollars; and
(3) for the third violation and all
subsequent violations thereafter, twenty-five thousand
dollars.
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