The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Colorado Department of Labor and Employment Adopts Final Rules Regarding Equal Pay Transparency Under the EPEWA

By Kiki Council

Last Tuesday, the Colorado Department of Labor and Employment (the “Department”) adopted final Rules regarding equal pay transparency under Colorado’s new Equal Pay for Equal Work Act[1] (the “EPEWA” or the “Act,” SB 19-085), which will take effect on January 1, 2021.[2] 

The adopted Rules are largely oriented around posting requirements for new job opportunities in Colorado, as well as notice and posting requirements for promotional opportunities in Colorado. 

A. New job opportunities, such as a job posting on Indeed.com, LinkedIn, or elsewhere must state the following in writing for jobs to be performed entirely in Colorado:[3]

  • The hourly rate or salary compensation (or range thereof);

  • A general description of bonuses, commissions, or other forms of compensation; and

  • A general description of all employment benefits.

B. Notice requirements for promotional opportunities entirely in Colorado:

  • Colorado employers must give internal notice of promotional opportunities in Colorado to all Colorado employees, regardless of an employee’s qualifications for that promotional opportunity.

  • The Rules broadly define “promotional opportunities” as “a vacancy in an existing or new position that could be considered a promotion for one or more employee(s) in terms of compensation, benefits, status, duties or access to further advancement.”[4] 

C. Promotional opportunity postings to internal Colorado employees must state the following in writing for Colorado jobs:[5]

  • Job title;

  • Hourly rate or salary compensation (or range thereof)

  • A general description of bonuses, commissions, or other forms of compensation; and

  • A general description of all employment benefits.

Failure to comply with the notice, posting, or record keeping requirements of the Act could result in fines ranging from $500.00 to $10,000.00 per violation.[6]

Takeaway

Contact Campbell Litigation, P.C. for assistance with bringing your policies up to date and developing strategies for complying with the new notice and posting requirements.


Footnotes:

[1] New Equal Pay for Equal Work Act Takes Effect in Colorado on January 1, 2021, The Rocky Mountain Employer Blog, https://www.rockymountainemployersblog.com/blog/2020/10/22/new-equal-pay-for-equal-work-act-takes-effect-in-colorado-on-january-1-2021

[2] Equal Pay Transparency Rules, 7 C.C.R. § 1103-13, Department of Labor and Employment – Division of Labor Standards and Statistics, https://cdle.colorado.gov/sites/cdle/files/7%20CCR%201103-13%20Equal%20Pay%20Transparency%20Rules%20ADOPTED%20%28Clean%29_0.pdf

[3] 7 C.C.R. § 1103-13:4.1

[4] Id.

[5] 7 C.C.R. § 1103-13:4.2

[6] C.R.S. § 8-5-203(4)