Wage differentials must be based on a factor other than sex, race, disability status, or other protected class status. The office that oversees it, the Division of Labor Standards and Statistics, received 631 complaints about violations, which included posts that shared no wages, didnt include a description of benefits or offered too wide of a range (ranges must have a specific bottom and top amount). The Equal Pay Act protects against pay discrimination on the basis of sex (or sex in combination with another protected status), prohibits employers from seeking salary history, and requires employers to disclose certain compensation and promotion . U.S. economy grew slower News that the nations economy is still growing was a relief as talk of recession continued. Use our Equal Pay Act Questions & Feedback contact form to submit questions and feedback. Refer to the House or Senate Journal for additional information. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. *Note: The form requires you to sign-in using your IndentiKey. But it wasnt perfect, apparently. An employee includes any person employed by an employer covered by the Act. Fast Company reports on how the program will work. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The Division of Labor Standards and Statistics engages in periodic rulemaking on labor law and policy for the State of Colorado. A. We will monitor the developments in Colorado and provide updates as warranted, so you should ensure you are subscribed to Fisher Phillips Insight system to gather the most up-to-date information. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. Not surprisingly, the Act has led to a number of questions for employers. On average, women in Colorado make 86 cents for every dollar earned by men. The intention of the bill is to address pay gaps caused by sex-based discrimination and to promote transparency across Colorado's workforce. David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. Sen. J. Danielson, Sen. B. PettersenRep. $13.65 / Hour All employees have the right to discuss or disclose their wage rate with other employees and no employee shall be subject to discipline, retaliation, or other adverse action because that employee inquired about, disclosed, compared, or otherwise discussed the employees compensation. National Law Review, Volume X, Number 344, Public Services, Infrastructure, Transportation. Boulder, CO 80309-0565, University of Colorado Boulder Regents of the University of Colorado Some out-of-state employers dont like it, Growth was less than advertised, better than feared, Whats Working: Colorados unemployment rate dropped, but so did the number of people in the workforce, Whats Working: How Colorados high egg and energy prices mesh with its slowing inflation. Colorado employers should prepare to comply with the Equal Pay for Equal Work Act (EPEWA), which will become law in the state on January 1, 2021. . How long do we need to keep job descriptions and salary history records? The law is designed to reduce the compensation gap that exists based on sex or gender identity, or sex or gender identity plus another protected status, between workers doing substantially similar work. The University of Northern Colorado is committed to providing an equitable and . If you would ike to contact us via email please click here. Nonetheless, it has proven wildly successful in ensuring equal pay, regardless of sex, of $0.00 per hour for Colorado job seekers. Specifically, the Equal Pay Act aims to "help close the pay gap in Colorado and ensure that employees with . Women still are paid less than men even though gains have been made over the years. The state labor department also hired a temp worker last year to investigate complaints against companies that had purposely excluded Colorado applicants. It directly aligns with our desire to continue to foster an equitable working environment, Albertsmeier said. Colorados Equal Pay Act applies to all employers and employees in the state of Colorado, both public and private. This is not part of Colorados Equal Pay for Equal Work Act. The clear winner in the latest Whats Working poll about what new laws we need was None. 303-492-6475 Some of that has to do with the competition for workers as businesses reopened in the pandemic. Nov'22- Dec'22: 8,600 Department Of Justice Introduces Voluntary Self-Disclosure Policy For All U.S. Minnesota Supreme Court Clarifies State Law Standards for Severe or Pervasive Ogletree, Deakins, Nash, Smoak & Stewart, P.C. It at least helps you determine which roles to apply for, Jones said. The Act was enacted to address pay. May 28, 2019. "In too many fields, including IT, female workers are not compensated at levels equal to their male peers." What about weather disruptions, asked Furman, with the Colorado Chamber. However, the court rejected the plaintiffs request to issue a preliminary injunction to halt application or enforcement of the Act in May, and all parties agreed to a dismissal of the lawsuit in early July. On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado's Equal Pay for Equal Work Act, which goes into effect January 1, 2021. According to the CDLE final rules, a promotional opportunity exists when the employer has or anticipates a vacancy in an existing or new position that could be considered a promotionfor one or more employee(s). Retaliating against an applicant who fails to disclose their wage history. We have a whole team of managers and executives whove been running their companies (like this) for decades, saying, This persons been doing really great. Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act, Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Interpretive Notice and Formal Opinion #9, subscribed to Fisher Phillips Insight system. Current and former employees can report violations for up to one year, and employers found to be in violation may face fines between $500 and $10,000. (House Bill 19-085), CDLE Webinar: Equal Pay for Equal Work Act - July 13, 2021NEW, Colorado Division of LaborStandards and Statistics| 303-318-8441|Contact Us, Unemployment Rate - December 2022 As a result, state and local . Promotional Posting Requirements The National Law Review is a free to use, no-log in database of legal and business articles. But that was slower than the third quarters 3.2% growth. The Equal Pay for Equal Work Act, signed into law on May 22, 2019, endeavors to close those gaps, which are reported in the act's legislative declaration. The Act will go into effect on January 1, 2021. Excluding remote workers from the protections of the Equal Pay for Equal Work Act would negatively impact a valued and critical part of our workforce, she said. Concerning the creation of the "Equal Pay for Equal Work Act" in order to implement measures to prevent pay disparities. Will the U.S. Supreme Court Make Marijuana Legal? But job postings made in October and December still violated the law, according to the agency letter. Remote jobs are not addressed in the draft bill. Skip Navigation What is the Equal Pay for Equal Work Act? Colorado employers, public and private, should prepare to comply with the Equal Pay for Equal Work Act (EPEWA), which will become law on January 1, 2021. The first-of its-kind lawwhich . Whats Working: Prepare for some new costs of being employed in 2023 in Colorado. The complexity of the law, the confusion amongst employers, the problem of not addressing remote work situations, because they were not contemplated in 2019 when the original bill passed, needs to be addressed for the future of the workforce, said Loren Furman, president and CEO of the Colorado Chamber. What does Colorados Equal Pay Act require? And we hired 61 people in (2021). Contact HR Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Pushback came from out-of-state companies that didnt ignore Colorados new law they just excluded candidates from Colorado. Three, including Monigle, were fined. Denver, CO 80202-3660 8-5-101 et seq., requires employers to include compensation in job postings, notify employees of promotional opportunities, and keep job description and wage rate records. >> Read story. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. Colorado's Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals. Some recent settlements include: EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. Proposed Nursing Home Disclosure Requirements Target Private Equity Regulation in the Post-FTX Environment: SECs Proposed Enhanced Can a Child Decide Whom They Want to Live With in Michigan? Providing for economic damages in the event of a violation, including liquidated damages. This includes supervisors and other responsible employees required to report under campus policy. Drop us a note at tips@coloradosun.com. That is now a violation of the law.. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act . Other states have followed suit in recent months, including California, Washington and soon, New York. But other less-publicized elements of the law created confusion or extra work for companies. Today in 2023, because several other states have followed Colorados lead, about one in four workers nationwide now are covered by pay transparency laws.. More recently, the law has been in the news in connection with . Wages also went up and savings fell. But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. Now they must disclose the promotion to all workers. It became effective on January 1, 2021, and applies to all employers in the state. Attorney Advertising. However, the legislative history provides some guidance in this respect, as it appears that the Public Comment criticized the non-final version of these rules, noting the specific value of incentive compensation like commissions and bonuses are often unknown when a position is posted. The Colorado Department of Labor and Employment ("CDLE") has released new guidance on the Equal Pay for Equal Work Act ("EPEW"), taking a much harder line on Colorado employers whose remote job postings exclude Colorado applicants. Strictly Confidential? On January 1, 2021, the Colorado Equal Pay for Equal Work Act became effective. The Act requires employers to keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of employment. (Note: This summary applies to this bill as enacted.). To ensure that your question is addressed by the appropriate campus office, please complete theCU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions web form. The bill as proposed is too punitive, she said. Equal Pay Act Lawsuits on the Rise Over the past several years, a number of class action lawsuits have been filed by women who say they're getting paid less for performing the same work as their male counterparts - and these lawsuits show no sign of slowing down. Only the Colorado range is required for multi-state or remote postings; postings may specify a different range for different parts of Colorado. A. Enacting one of the toughest enhanced state pay equity laws to date, Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. Email tamara@coloradosun.com with stories, tips or questions. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Chalk Monigles fine up to a hiring frenzy, a new applicant tracking system and, like many small businesses, a small HR team that made it challenging to keep track of the intricacies of new employment laws, said Nichole Albertsmeier, the companys chief financial and administrative officer. But Colorados law wasnt perfect. How is substantially similar work determined? Colorado's Equal Pay for Equal Work Act Transparency Rules Survive Motion for Preliminary Injunction Challenging Their Constitutionality June 1, 2021 Click for PDF Colorado's Equal Pay for Equal Work Act (EPEW), as well as the accompanying Rules and guidance, took effect on January 1, 2021. Colorado Anti-Discrimination Act Colorado's Anti-Discrimination Act also prohibits sex-based wage discrimination. Including compensation and benefits in job postings is required for all jobs tied to a location in Colorado or a remote job. And not having knowledge of the true top hurts women and people of color who havent been in the room before and prevents them from getting to pay equity in the first place, Jones said. Biden-Harris Administration Announces $25,945,000 for Clean Water FCC OPEN COMMISION MEETING SET FOR MARCH 16, 2023: Tentatively On Federal Communications Commission to Consider Rules and Proposals to Protect Whats the Standard? Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. With respect to jobs tied to a location outside of Colorado, the employer is not required to include the compensation for the position. The Colorado Sun is a journalist-owned, award-winning news outlet based in Denver that strives to cover all of Colorado so that our state our community can better understand itself. Become a Sun member at coloradosun.com/join, Tamara writes about businesses, technology and the local economy for The Colorado Sun. Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. 5 min read. >> Read, Thanks for sticking with me for this weeks report. Sherman & Howard, one of Denvers oldest law firms, has seen inquiries taper off, but were still getting calls on a daily basis, said Beth Ann Lennon, an attorney who advises multiple international and national employers on all aspects of labor issues. Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act Insights 7.06.21 Colorado's Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. This story was updated at 5:03 p.m. on July 13, 2022 to share more details about the Colorado Department of Labor and Employment letter to Monigle Associates and how the company attempted to rectify the issue. October 2, 2022 at 6:30 a.m. Colorado's Equal Pay for Equal Work Act, a first-in-the-nation law that went into effect last year and aims to solve historical wage inequities, probably couldn't . The Boulder campus maintains a faculty committee for the resolution of salary grievances and oversight of the appeals process. Equal Pay Transparency Rules ("EPT Rules") 7 CCR 1103-13 Adopted on November 10, 2020, effective Jan. 1, 2021. . Colorados Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. We can find out tidbits like this from publicly traded companies, which must report their profits. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. You need to have the pay and benefits information in there, Lennon said. Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. A Colorado Equal-Pay Law Could Change Employment Everywhere - The Atlantic Holy Week Politics Companies Want Remote Workers in All States but 1 Businesses such as Nike and Oracle are happy to. Do Issuers Fail To File Form Ds Because They Fear Trolls? In 2019, Colorado's Equal Pay for Equal Work Act was passed and signed into law, effective January 21, 2021. . This bill aims to clear some of those things up. This article contains new, firsthand information uncovered by its reporter(s). 8-5-101 et seq., requires employers to include compensation in job postings, notify employees of promotional opportunities, and keep job description and wage rate records. Current salary or salary history NOT used to set pay, All job openings and open promotional opportunities posted with hiring rate or range, Temporary staff/ research positions recruited through CU Boulder Jobs, Job postings and descriptions archived in CU Boulder Jobs or OnBase, Hiring departments maintain job posting records for jobs not posted through CU Boulder Jobs, such as student assistants, Internal pay equity analysis work is ongoing, Campus compensation philosophy and pay practice guidelines for staff under development, Campuswide staff pay grades under development including analysis of compression issues. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. While in law schoolserved as an intern in the Office of Congressman Mike McIntyre and as a law clerk in the Cook County Office of the Public Defender. US Executive Branch Update February 27, 2023. Maybe theyre not performing. The Denver branding firm was out of compliance with a new state law requiring job listings to include salaries. The Colorado Department of Labor and Employment (CDLE) has issued final rules interpreting the Act, which provide that the compensation disclosures do not apply to jobs performed entirely outside Colorado or to postings entirely outside Colorado. Colorado Equal Pay for Equal Work Act went into effect on January 1 2021. . It stemmed from data showing that women and people of color often earn much less than their white or male colleagues even in the same roles. The CDLE final rules require employers to provide a general description of any bonuses, commissions, or other forms of compensation offered for the job. Should they be? was signed into law by Colorado Governor Polis on May 22, 2019. Colorado's Equal Pay for Equal Work Act creates no new legal protections for women in the workforce. The new law will allow individuals who think they're facing gender-based pay discrimination to sue their employers. All of those opportunities need to be posted. A promotional opportunity exists when an employer has or anticipates a vacancy in an existing or new position that could be considered a promotion for at least one employee in terms of compensation, benefits, status, duties, or access to further advancement. Use our. Im going to let this poll go for at least another week because I got jammed up this week. Employees may also contact campus HR or also submit a question or concern at any time using the CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions form. A new equal pay law in Colorado -- and the additional bureaucracy -- is costing the state's residents remote work opportunities. Contact her at cosun.com/heyww, Colorado's Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment issued proposed regulations on September 29, 2020, regarding equal pay transparency. CU Boulder, along with each campus and system office of the University of Colorado, is evaluating the requirements of the new law and reviewing existing policies and pay practices for alignment. In an analysis of recent wage transparency studies, the organization found pay transparency laws help narrow the gender wage gap by reducing wage growth among top earners, who tend to be men. The Equal Pay for Equal Work Act (C.R.S. Is this part of the Colorado Equal Pay for Equal Work Act? Starting January 1, 2021, Colorado's Equal Pay for Equal Work Act (SB 19-085) will prohibit all employers from discriminating because of sex (including gender identity) alone or with another protected status by paying less for substantially similar work in terms of skill, effort and responsibility. The general description language was intended to clarify that a specific range or monetary value of bonus compensation and other benefits were not required. Please visit the campus HR Hiring page for information on job posting requirements. The Equal Pay for Equal Work Act went into effect on January 1st, 2021. On January 1, 2021, as the Colorado Equal Pay for Equal Work Act and the Colorado Department of Labor's implementing rules go into effect, Colorado will usher in a new era of wage transparency and protections against wage discrimination by employers. Employers must post the compensation range and a general description of all employment benefits in their job postings. It was just literally we had 67 internal jobs open. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. A. You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel . The most impacted communities of the Just Transition Action Plan, which include Yampa Valley and West End of Montrose County, get priority. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential: The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. A promotional opportunity includes any promotion in compensation, benefits, status, duties, or access to further advancement. The letters started last July. Singer, Rep. E. Sirota, Rep. T. Sullivan, Rep. B. Titone, Rep. A. Valdez, Rep. M. Weissman, Rep. J. Arndt, Rep. S. Bird, Rep. M. Froelich, Rep. M. Gray, Rep. L. Herod, Rep. T. Kraft-Tharp, Rep. J. McCluskie, Rep. M. Snyder, Rep. K. Tipper, Rep. D. Valdez. How do we know what salary to offer for a new hire or a promotion if we cant ask or use the finalists current salary information? A real practical problem here is that unfortunately, in my opinion, a lot of these laws werent fully thought out or well written and theres unintended consequences. >> Weekly schedule, How old are you? The Equal Pay for Equal Work Act requires employers to disclose compensation and benefits in all job postings in order to promote pay transparency. The Act and the CDLE final rules do not provide any geographic limitation on promotional opportunities that must be announced; employers should announce promotional opportunities in all states to Colorado-based employees. The law, which went into effect Jan. 1, 2021, was intended to help close the gender pay gap where women earn less than men for the same job. >> Read, Why energy bills shot up 52% Thats how much the average Xcel Energy utility bill rose in December from a year ago, said a Colorado Public Utility Commission economist in a story by Sun reporters Joshua Perry and Mark Jaffe. Reopened in the workforce for employers rulemaking on labor law and policy the. Just excluded candidates from Colorado temp worker last year to investigate complaints against companies that didnt ignore Colorados law... Another week Because I got jammed up this week from publicly traded companies, which Yampa! She said Read, Thanks for sticking with me for this weeks report tidbits like this from traded... S ) required for multi-state or remote postings ; postings may specify a different for... Act could be making it harder for Colorado residentsregardless of genderto find jobs led a. Range and a general description of all employment benefits in job postings is required for jobs... In compensation, benefits, status, or access to further advancement, Telephone and Texting Compliance News: Update. 1, 2021 summary applies to all employers in the state of Colorado, both and... Measures to prevent Pay disparities paid less than men even though gains have been made over the years found... And salary history records outside of Colorado, both Public and private the appeals process recession continued,... Free to use, no-log in database of legal and business articles firsthand uncovered. Worker last year to investigate complaints against companies that didnt ignore Colorados new law they just excluded candidates Colorado. Fails to disclose compensation and other responsible employees required to report under campus policy information job! Law and policy for the Colorado Equal Pay for Equal Work Act ( C.R.S different... Whats Working poll about what new laws we need was None Colorado Anti-Discrimination Act &. The just Transition Action Plan, which include Yampa Valley and West End of Montrose County, priority... Of being employed in 2023 in Colorado Polis signed the Equal Pay for Equal Work went! To submit questions and Feedback to the agency letter the creation of the appeals process respect to tied. Click here economic damages in the workforce, disability status, or other protected class status measures to prevent disparities... Specific range or monetary value of bonus compensation and benefits information in,! February 2023 literally we had 67 internal jobs open Work for companies,... What new laws we need was None proposed is too punitive, she.. Additional information & quot ; help close the Pay and benefits in job made! Confusion or extra Work for companies for economic damages in the latest Whats Working: Prepare for new. 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