What happened?

On November 9, 2023, the Colorado Department of Labor Standards and Statistics adopted the Equal Pay Transparency Rules.

What are the details?

The rules clarify some of the Act’s postings and notice requirements included but not limited to:

• Career progression promotions: now define “eligible employee” (previously the law did not define it) as “those in the position that, when the requirements in the notice are satisfied, would move from their position to another position listed in the notice as a ‘career progression.”

• Clarity on Post-Selection Notice Requirements: the rules define the following:
  • Work with regularly: means (1) employees that collaborate or communicate about their work at least monthly or (2) have a reporting relationship (i.e., supervisor). (put link for this)
    • Additional details can be found here.

• Acting, Interim, or Temporary (“AINT”) Hires: the rule provides that no job posting is required to be made for a position of this type, for up to 9 months, if:
  • (1) the position is not expected to be permanent
  • (2) the same or a substantially similar position was not held any time in seven or more of the preceding twelve months by another AINT hire for which there was no job opportunity posting, with certain additional timing limitations.
    • For additional details here.

• Geographic Limits:  notice requirements, compensations and benefits posting are not required to be made to employees entirely outside Colorado.

• Application deadlines: a deadline must be provided if there is a deadline for the job. See more details here.

• Opt-Out Procedure for Post-Selection Notices: an employer shall not disclose the selected candidate name or prior job title if provisions apply.

For additional details, please consult the below items:

Business Considerations

• Consider carving out time to review the final rules.
• Create and/or update the respective policy(ies) according to the rules.
• Consider a communication plan for your key personnel.

Resources

• Vensure communications: Article 1, Article 2
• Colorado Equal Pay Transparency Final Rules
• Statement of Basis, Purpose, Specific Statutory Authority, and Findings
• Colorado DOL Rules and Orders: Proposed & Recently Adopted

Source References

• Colorado Adopts Equal Pay Transparency Rules to Clarify Recent Amendments to State’s Equal Pay Law (Seyfarth Shaw LLP.),
• Colorado Equal Pay Transparency Law Update: Final Rules Released (Jackson Lewis P.C.)
• Colorado Clarifies and Adopts Equal Pay Transparency Rules (SHRM)
  

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