ions. (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.
- (2) The division may enforce the requirements of this part 4.
- (3) Pursuant to section 8-1-130, any findings, awards, or orders issued by the director with 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.
(4)
- (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- (I) Repealed.
- (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).
- (c) If a civil action is commenced under this section, any party to the civil action may demand a trial by jury.
- (d) Before commencing any civil action under this section, an aggrieved person must, in accordance 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.
- (e) If a person aggrieved by a violation of this part 4 files a civil action to enforce a judgment made under this section, the court shall waive any filing fee required under article 32 of title 13.
- (f) Nothing in this section prevents an aggrieved person from filing a charge with the division pursuant to this section.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1454, § 1, effective July 14.
Editor's note: Subsection (4)(b)(I) provided for the repeal of subsection (4)(b)(I), effective January 1, 2022. (See L. 2020, p. 1454.)