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Amendment to Colorado Equal Pay for Equal Work Act Creates New Job Posting Requirements

By Miller Jozwiak posted 05-19-2023 09:04 AM

  

In 2019, the Colorado Legislature passed the Equal Pay for Equal Work Act (EPEWA), landmark legislation aimed at ensuring fair compensation practices. The act requires employers to include comprehensive compensation information with job postings.  

During the recently completed 2023 legislative session, Colorado lawmakers passed Senate Bill 23-105 to amend the EPEWA. The amended act imposes additional posting requirements on employers, increases employers’ potential liability, and gives the Colorado Department of Labor and Employment (CDLE) more authority to implement and enforce the law. Unless the governor vetoes the bill by June 7, 2023, the changes will take effect on January 1, 2024. 

In Colorado, employers are obligated to disclose in their job postings not only compensation information and benefits but now, under the amended act, application closing dates. Further, the law introduces additional disclosure requirements after a candidate is selected. Within 30 days of the selected candidate’s start date, employers must disclose the following: 

  • The name of the candidate selected for the job opportunity; 

  • The selected candidate’s former job title (if the candidate was already employed); 

  • The selected candidate’s new job title; and  

  • Information about “how employees may demonstrate interest in similar job opportunities in the future, including identifying individuals or departments to whom the employees can express interest in similar job opportunities.” 

The law, however, expressly does not require employers to disclose a candidate’s identity in such a manner that would violate their right to privacy or would place their health or safety at risk. 

Moreover, the amended act now defines “career development” and “career progression” and excludes these terms from the definition of “job opportunity.” Consequently, subject to certain limitations, employers are generally not required to post specific details regarding an employee’s career development and progression in the organization 

The amended act also addresses the posting of remote job opportunities located outside of Colorado. If an employer is physically located outside the state and has fewer than 15 employees in Colorado, all of whom work only remotely, they are only required to provide notice of remote job opportunities. It is important to note that this provision is effective only through July 1, 2029. 

Finally, the amended act grants the CDLE new enforcement and rulemaking authority. CDLE rules and guidance are expected to be issued in the coming months. Complying with the act, particularly in light of its recent amendments and anticipated new rules from the CDLE, can be complex, and Employers Council will provide updates as they become available. If you have any questions, please contact our Member Experience Team. 


#Multi-stateEmployment
#PayEquity
#Colorado
#Hiring
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05-22-2023 11:24 AM

The piece I find interesting is the 'application closing dates.' Private sector employers, in the current US-wide environment of having one person seeking work for every two jobs available, close the requisition when it is filled. The place historically known to use closing dates is within the government sector where they are notoriously slow to hire and wait until after that date to look at the first resume. We will likely see the same tactics as when posting ranges started. Ridiculously wide ranges ('Dec 31, 2025') for 'evergreen-style' positions or a blanket "will close when position is filled" statement. This is one to watch.