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Colorado Adopts Equal Pay Transparency Rules to Clarify Recent Amendments to State’s Equal Pay Law

19 Dec

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Update Applicable to:  Effective date
All employers in the state of Colorado and any employer who has at least one employee performing work in Colorado.January 1, 2024.


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


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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