h_jud_2016a_2016-04-21t14:06:19z0 Hearing Summary

Date: 04/21/2016

02:06 PM -- HB16-1347



The committee was called to order. A quorum was present. Representative Danielson, prime sponsor, presented House Bill 16-1347, concerning the release of information concerning an employer's violation of wage laws by the Division of Labor in the Department of Labor and Employment. Committee members received a constituent letter in support of the bill (Attachment A). Representative Danielson explained the effect of the bill and discussed its need. Representative Danielson discussed the stakeholder process involved in crafting the bill. Representative Danielson responded to questions regarding how businesses might be compromised by the bill in terms of revealing confidential information, and the types of violations covered by the bill. Representative Danielson responded to questions regarding what constitutes a determination of a violation by the Division of Labor (DOL) within the Department of Labor and Employment.



16HouseJud0421AttachA.pdf



02:19 PM



Representative Danielson responded to questions regarding the intent of HB 16-1347, and potential unintended consequences for businesses under the bill. Representative Danielson responded to further questions regarding the types of wage theft cases taken up by the DOL, and the potential for amending the bill to address certain concerns.



02:32 PM -- Mr. Patrick Teegarden, representing the Department of Labor and Employment, testified in support of the bill. Mr. Teegarden responded to questions regarding the potential for amending the bill to trigger public wage theft disclosure once an employer's administrative remedies have been exhausted. Discussion ensued regarding this point, and the potential for wage law violation information to be discoverable under the Colorado Open Records Act (CORA).





02:42 PM



Mr. Teegarden responded to questions regarding the definition of wage theft, and the scope of wage theft prosecutions. Discussion ensued regarding attempts through the legislation to remove the trade secret classification of wage theft, and the effect of some proposed amendments to the bill.





02:58 PM



Discussion ensued regarding the tolling of CORA, and the effect of a proposed amendment on the applicability of CORA under the bill. Discussion followed regarding a provision in the bill that allows the director of the DOL to determine what constitutes a trade secret. Mr. Teegarden responded to questions regarding the parameters of certain documents affected by the bill.



03:13 PM -- Dr. JoAnn Fujioka, representing herself, testified in support of the bill. Ms. Fujioka discussed her efforts to support businesses that treat their employees fairly, and explained how the bill will help her to make consumer decisions. Ms. Fujioka responded to questions regarding her knowledge of employees who have suffered wage theft.



03:18 PM -- Mr. Dave Lichtenstein, representing the Plaintiffs Employment Bar, testified in support of the bill. Mr. Lichtenstein addressed previous questions.



03:21 PM -- Mr. Larry Hudson, representing the Colorado Association of Commerce and Industry, testified on the bill from a neutral perspective. Mr. Hudson explained how the bill would work in practice. Mr. Hudson clarified his organization's position on the bill. Mr. Hudson responded to questions regarding the timing of the process under HB 16-1347.





03:28 PM



Representative Danielson explained the effect of amendment L.005 (Attachment B).



16HouseJud0421AttachB.pdf



03:32 PM



The committee recessed.





03:39 PM



The committee returned to order. Discussion ensued regarding the potential for merging amendment L.007 (Attachment C) into amendment L.005.



16HouseJud0421AttachC.pdf

03:56 PM



Representative Danielson provided closing remarks in support of HB 16-1347. Various committee members provided their positions on the bill.