30 Oct

October 2020 Colorado HR Legal Updates

Posted at

2:56pm

in

Colorado Department of Labor and Employment Issues Equal Pay Transparency Rules

What happened?
The Colorado Department of Labor and Employment has issued new rules for the Equal Pay for Equal Work Act, effective January 1, 2021.

What are the details?
The new regulation, the equal pay transparency rules, provide clarification on employer requirements to make reasonable efforts to announce or post promotional opportunities to employees. The proposed rules mandate that:

  • The promotional opportunity posting be in writing and include the job title, compensation, benefits, and means by which employees may apply for the position;
  • When posting or announcing the promotional opportunity, the employer must use the employer’s regular and customary method of communication with its employees. For any employees not reachable by that method, the employer must use an effective alternative method to notify those employees;
  • If an employer posts a promotional opportunity rather than communicates the opportunity to each employee, the posting must be displayed in each establishment where employees work, and in a conspicuous location frequented by employees where it may be easily read during the workday. Conspicuous locations include break rooms, employee bulletin boards, and/or adjacent to time clocks, department entrances, and facility entrances; and
  • Although promotional opportunities must be published for everyone, the employer “may state that applications are open to only those with certain qualifications.”

Additionally, the rules clarify that the requirements for posting job opportunities differ depending on where the job is to be located:

  • If an employer has at least one Colorado employee, has a job to be performed in Colorado, and accepts applicants from outside Colorado, it must notify every employee in any state for whom the job would be a promotion.
  • If an employer has at least one Colorado employee, has a job to be performed outside Colorado, and accepts applicants from locales at least as distant as Colorado, it must notify all Colorado employees for whom the job would be a promotion.
  • If an employer has at least one Colorado employee and the job could be performed from anywhere, the employer must notify every Colorado employee for whom the job would be a promotion.

An article going over the information of the rules in a FAQ style can be found here.

The full regulations can be found here.

What do employers need to do?
Employers with employees inside of Colorado should review the above rules to help determine what their workplace policy should look like going into the effective date of the law.

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Colorado Department of Labor and Employment Proposes New WARN rules

What happened?
Earlier this month, the Colorado Department of Labor and Employment (CDLE) proposed new rules regarding whistleblowers, anti-retaliation, non-interference, and notice-giving rules.

What are the details?
The proposed rules touch on the Healthy Families and Workplaces Act (HFWA) and the Public Health Emergency Whistleblower Act (PHEW), and the Colorado Wage Act:

  • Employers must display or otherwise provide to workers a poster informing them of their rights under the HFWA and the PHEW.
  • Employers may use the latest version of the “Colorado Workplace Public Health Rights Poster” to satisfy the poster requirements of both the HFWA and the PHEW, or by using another poster that contains all substantive information in the “Colorado Workplace Public Health Rights Poster” and otherwise satisfies all statutory and rule requirements.
  • Employers must display or otherwise provide to workers a poster informing them of their rights under the HFWA and the PHEW.
  • Employers may use the latest version of the “Colorado Workplace Public Health Rights Poster” (provided by the Department at www.coloradolaborlaw.gov) to satisfy the poster requirements of both the HFWA and the PHEW, or by using another poster that contains all substantive information in the “Colorado Workplace Public Health Rights Poster” and otherwise satisfies all statutory and rule requirements.

The rule also provides an avenue for employees to file complaints of violations of the above rules.

An article going over these changes can be found here.

The Colorado Workplace Public Health Rights Poster can be found here.

What do employers need to do?
Colorado Employers should review the above information and update their workplace postings and notices to accommodate the rights of the employees.

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