HB 19-1267 Summary

• Classifies willful failure to pay wages or compensation as theft under Colorado law, allowing prosecution under theft statutes rather than misdemeanor wage violations.

• Expands definitions of "employee" to include relevant factors such as employer control and whether work is the employer's primary business, and redefines "employer" to align with federal Fair Labor Standards Act standards.

• Adds definition of "foreign labor contractor" as any person who recruits or solicits foreign workers residing outside the United States for employment in Colorado.

• Implements recommendations from the Colorado Human Trafficking Council's 2018 report to combat labor trafficking by recognizing labor as a thing of value subject to theft.

• Takes effect January 1, 2020, subject to voter approval if a referendum petition is filed within 90 days after final adjournment of the general assembly.