Colorado Equal Pay for Equal Work Act. 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. The Act applies to any entity employing at least one employee working in Colorado. 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 Equal Pay for Equal Work Act went into effect on January 1st, 2021. This page has timelines for upcoming rulemaking, copies of current and previous rules, recordings and transcripts from previous rulemaking, and comments received. The rules do not elaborate on what a general description entails. If employees have questions or concerns about their salaries, what should they do? The Act also contains several broader obligations and prohibitions intended to increase pay transparency, including: Requiring employers to announce opportunities for promotion or advancement; Requiring employers to disclose hourly or salary compensation and benefits for each posting or job opening; and. : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. Got a story tip? 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 . A promotional opportunity includes any promotion in compensation, benefits, status, duties, or access to further advancement. The Denver branding firm was out of compliance with a new state law requiring job listings to include salaries. Remote jobs are not addressed in the draft bill. It at least helps you determine which roles to apply for, Jones said. More by Tamara Chuang, Got a story tip? Monigle is the rare employer that did not bring itself into compliance after the Division issued it a no-fines Warning & Order detailing where, when, and why its job postings violated the Act, read the department of labor notice to Monigle, dated Dec. 2, 2021. Please visit the campus HR Hiring page for information on job posting requirements. Some listings shared no wages. So more work to be done on this bill. 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. When Colorado's Equal Pay for Equal Work Act went into effect January 1, 2021, Andrea Johnson, director of state policy, workplace justice, and cross-cutting initiatives at National Women's Law Center, said it was met with excitement from employees and employers alike. The letters started last July. 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. The new Equal Pay for Equal Work Act strengthens Colorado law and assist employees in pursuing claims for pay discrimination. An employer can be sued for changing the schedule (without) a two-week advance notice, Furman said. Privacy Legal & Trademarks Campus Map. Please click onYou mustloginto view this format the top of the web form page. If you have questions, please contact your Fisher Phillips attorney, the author of this Insight, any attorney in our Denver office or any member of our Pay Equity Practice Group. Providing for economic damages in the event of a violation, including liquidated damages. The Act requires that employers do not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status, by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work, unless the pay difference is based on a seniority system; a merit system; a system that measures earnings by quantity or quality of production; the geographic location where the work is performed; education, training or experience to the extent that they are reasonably related to the work in question; or travel, if the travel is a regular and necessary condition of the work performed. As always, share your 2 cents on how the economy is keeping you down or helping you up at cosun.co/heyww. Its almost better to give that person a shot to go somewhere else to make a higher salary than to knowingly keep them on staff and pay other people 30% more for the same exact work.. But even California is now working on revamping its law. 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. 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. Promotional opportunities may also include required qualifications and intended hire (, If an employer regularly (at least monthly) hires or automatically promotes employees, including in-line lateral promotions, into a specific position upon the completion of set requirements, an employer may issue a one-time static notice of the promotional opportunity (. Pushback came from out-of-state companies that didnt ignore Colorados new law they just excluded candidates from Colorado. 24-34-401 (2016). In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. Equal Pay Laws. 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. Colorado Anti-Discrimination Act Colorado's Anti-Discrimination Act also prohibits sex-based wage discrimination. Whats Working: Colorado business leaders are pessimistic about 2023. But that was slower than the third quarters 3.2% growth. The Department will waive all fines if an employer brings its postings into compliance after the first violation. The Colorado Anti-Discrimination Act and the newly enacted Equal Pay for Equal Work Act are steps in the right direction. All Rights Reserved. Regulations by the Colorado Department of Labor and Employment (CDLE). All staff position descriptions are archived to OnBase centrally, so departments don't need to maintain those. (Olivia Sun, The Colorado Sun via Report for America), How Denver is spending the $41M from the Broncos sale, Coloradans must not be excluded from remote work opportunities, most aggressive because of the requirement to post salaries publicly, (720) 263-2338 Call, text, Signal or WhatsApp, Proudly powered by Newspack by Automattic. In 2019, Colorado enacted the Equal Pay for Equal Work Act to go into effect on January 1, 2021. 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. Strictly Confidential? (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 The " Equal Pay for Equal Work Act " ( SB 19 . The law makes exceptions for pay based on merit, seniority or commission. Employers that violate the job posting requirements may be required to pay a fine of between $500 and $10,000 for each violation. That puts a burden on employers, so theres strong opposition to the bill already. The CDLE final rules require employers to provide a general description of any bonuses, commissions, or other forms of compensation offered for the job. 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. 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. The Division only accepts complaints in writing using the Divisions form. June 29, 2021. Drop us a note at tips@coloradosun.com. 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. 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? ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. The University of Northern Colorado is committed to providing an equitable and . Compared to the first four months of 2022, the average number of monthly complaints in the last four months of 2022 decreased by almost 45%, a labor department spokesperson said. 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. A. Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). And we have a staff of 1 people in (human resources).. This includes supervisors and otherresponsible employeesrequired to report undercampus policy. Whats Working is a Colorado Sun column about surviving in todays economy. >> Read, Direct-cash programs on the rise in Colorado Getting paid to live through experimental basic-income programs has been helping low-income Coloradans survive, reports Jennifer Oldham with the Colorado Trust. I had a company tell me, Put $56 to $100 per hour, but if its a really good candidate, were willing to go up to $150. So I said, Lets put $150 because the very first question (companies) ask is where do you want to be salarywise? If you shoot for $70, youre never going to see that $150, Jones said. Lots of states are following suit.. And if pay ranges arent honest, that doesnt truly help pay equity. Share with Whats Working by emailing tamara@coloradosun.com. Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. 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. Including compensation and benefits in job postings is required for all jobs tied to a location in Colorado or a remote job. Some of the provisions are: Boulder campus Human Resources, University Counsel, Data Analytics and campus Executive Leadership are leading the review, analysis, and implementation in this area. Now they must disclose the promotion to all workers. Its to combat age discrimination for older workers, who should be judged on their merit equal to their younger counterparts when theyre trying to get a new job, Danielson said. 1. 2023 Fisher & Phillips LLP. >> Read story. 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. Is this part of the Colorado Equal Pay for Equal Work Act? "In too many fields, including IT, female workers are not compensated at levels equal to their male peers." This Newsmaker has been deemed by this Newsroom as having a specialized knowledge of the subject covered in this article. In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008). . Theres also the CEO pay ratio law, which reveals how wages of CEOs at public companies are often many times higher than their workers (heres a searchable list). Here's what employers need to know. Maybe theyre not performing. The exceptions to the job postings requirements are (1)confidentiality from an incumbent employee being replaced, (2)automatic promotion after a trial period of up to a year, and (3)temporary/acting/interim hire for up to six months (employer must post if the position becomes permanent). An already contentious one is House Bill 1118, the Fair Workweek Employment Standards bill. Because a remote-based position could be performed within Colorado, disclosures are still required. 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 Womens Foundation worked on the original law and new bill with lawmakers and other organizations that included the Colorado Womens Bar Association and 9to5 Colorado, an organization representing working women. Now is the time to address equity in wages. 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 . 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. [1] The Act requires employers to include compensation in job postings, notify employees of promotional opportunities, and maintain job description and wage rate records. Employers may already know who the position is intended for, may state that applications are open only to those with certain qualifications, and may screen or reject candidates based on qualifications. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. This compensation range may extend from the lowest to the highest pay the employer, in good faith, believes it may pay for the particular job. Effective January 1, 2021, this act amends Colorado law and provides new wage discrimination and employer provisions that differ from federal law and other state equal pay laws. >> Read, Electrification rebates Reporter Michael Booth rounds up how much cash consumers can get back from purchases of clean heat pumps, water heaters and more offered in Colorado. 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. Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? 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? If you would like to file anonymously, you may do so by completing the complaint form without including your personal information (Section I) and not signing the form. The state wound up issuing citations for just four companies in 2022. An employer may include a hyperlink to compensation and benefits information. 8-5-101 et seq .) 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. $13.65 / Hour New York Citys wage transparency law went into effect in November. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. Just visit the Colorado General Assembly schedule and press the audio icon to listen. The Act has the potential to impact employers nationwide, as its provisions cover all employers with at least one Colorado employee, and certain disclosures are required whether the relevant position is based in Colorado or another location. How is substantially similar work determined? That resistance comes from a desire not to undermine women or people of color who might otherwise not take as aggressive a position when it comes to bargaining for higher pay, but rather because when you start to disclose salary, employers lose some of their competitive advantage.. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . What about weather disruptions, asked Furman, with the Colorado Chamber. 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. With respect to jobs tied to a location outside of Colorado, the employer is not required to include the compensation for the position. Under the new law, employers are prohibited from paying an employee of one sex (including gender identity) a wage rate less than the rate paid to an [] A system that measures earnings by quantity or quality of production; The geographic location where the work is performed; Education, training, or experience to the extent that they are reasonably related to the work in question; or. The promotion announcement requirements do not apply to employeesentirelyoutside Colorado. 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. 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. . Job content (not job titles) determines whether jobs are substantially equal. For student assistants, substantially similar work is determined by the type and level of work as assigned by the hiring department, school or college. There are so many bottomline benefits to transparency, especially in terms of attracting candidates and retaining talent. Statement in compliance with Texas Rules of Professional Conduct. We have reviewed all of the detailed legal rules and guidance to develop a list of the top 12 things employers need to know about the Act. Equal Pay for Equal Work Act C.R.S. 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