Office of Institutional Equity & Compliance, CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions. On January 1, 2021, the Colorado Equal Pay for Equal Work Act became effective. He is also a member of the Firm's Diversity and Inclusion Committee. Lots of states are following suit.. Wages also went up and savings fell. 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. Refer Senate Bill 19-085, as amended, to the Committee on Appropriations. Telling stories that matter in a dynamic, evolving state. Privacy Legal & Trademarks Campus Map. 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. The Division of Labor Standards and Statistics engages in periodic rulemaking on labor law and policy for the State of Colorado. Because if the gap is that big they probably dont need to employ that person. 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. The law requires pay equity, which is equal pay (including benefits) for substantially similar . 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. Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. sec. 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 [] 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? Use our. (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 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. 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 (. Retaliating against an applicant who fails to disclose their wage history. Workers have increased bargaining power as employers are desperate to fill openings. 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. For student assistants, substantially similar work is determined by the type and level of work as assigned by the hiring department, school or college. Other states left it up to job applicants to request salaries so the information was not widely known. Providing for economic damages in the event of a violation, including liquidated damages. 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. 1 The Equal Pay Act (EPA) protects both men and women. While the agency was more lenient last year as the law went into effect, the state has notified more than 200 companies about violations and is now issuing fines. 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.. INFO #9: Equal Pay for Equal Work Act, Part 2: Pay and Promotion Transparency(the Division's comprehensive guidance on applying and interpreting the Act), Equal Pay for Equal Work Fact Sheet - Short Fact Sheet. 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. Telling stories that matter in a dynamic, evolving state. 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. Promotional Posting Requirements Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. 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. This Newsmaker has been deemed by this Newsroom as having a specialized knowledge of the subject covered in this article. 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. Others didnt have the top amount, only a + sign, as in Salary Range: $70,000 95,000+. And some openings offered full benefits but no description as to what those benefits were. UCB 565 This bill aims to clear some of those things up. In the past year, the labor department has warned hundreds of employers that wages must be displayed in the job listing and Coloradans must not be excluded from remote work opportunities. This includes directly interviewing sources and research / analysis of primary source documents. 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. Rhode Islands law goes into effect in January. 206, became law that pay discrimination based on sex was outlawed; (b) Despite policies outlawing pay discrimination and creating avenues for women to bring a civil action for lost wages, women still earn significantly less than their male counterparts for the same work; These requirements apply to Colorado-based and remote-based job postings, with a limited exception. 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? >> 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. Requiring employers to keep records of job descriptions and wage rate history for its employees. Senate Bill 85, called the "Equal Pay For Equal Work Act," was signed by Polis on Wednesday. It would require employers to post worker schedules ahead of time and not penalize employees who say no to last-minute calls for help. Colorado's new Equal Pay for Equal Work Act (EPEWA) prohibits gender-based pay discrimination and imposes strict requirements for job postings and equal pay transparency. 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. Beginning January, employers in Colorado must (1) provide formal notice to Colorado employees of "promotional . Equal Pay Laws. 8-5-101 et seq. When introduced four years ago, Colorados Equal Pay law sought to equalize pay for substantially similar work. For more information on MSE's efforts to secure equal pay for equal work, visit our equal rights in the workplace webpage. 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. 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. The impact of these new policies isnt yet known because the laws are young. You need to have the pay and benefits information in there, Lennon said. 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. Connecticut, Maryland, Nevada and Rhode Island have implemented laws similar to Colorado but they dont require salaries to be listed. Other states have followed suit in recent months, including California, Washington and soon, New York. of the EPEWA may file a complaint with the Colorado Department of Labor and Employment or file a private civil lawsuit. Strategies for Protecting Standard Essential Patents. Boulder, CO 80309-0565, University of Colorado Boulder Regents of the University of Colorado Email addresses for the Colorado legislature have changedfrom the, Deadline Schedule for the 2023 Regular Session, FAMLI Family Medical Leave Insurance Program, Fiscal Assessment of Proposed Amendment SB188_L.045, Concerning Creation of the Family Medical Leave Insurance Program, Colorado's Unemployment Insurance Program (2016), Overview of the Colorado Public Employees' Retirement Association and Changes Made by Senate Bill 18-200, Colorado Open Records Act Maximum Hourly Research and Retrieval Fee, Rules & Regulations of Executive Agencies, Salaries for Legislators, Statewide Elected Officials, and County Officers, Solicitation for Members for the Behavioral Health Task Force, 2023 Remote Testimony and Remote Participation Policies, Services for Persons with Disabilities and Grievance Resolution Procedures, State of Colorado Accessibility Statement, Senate Considered House Amendments - Result was to Concur - Repass, Senate Considered House Amendments - Result was to Laid Over Daily, House Third Reading Passed - No Amendments, House Second Reading Special Order - Passed with Amendments - Committee, Floor, House Second Reading Special Order - Laid Over Daily - No Amendments, House Committee on Appropriations Refer Unamended to House Committee of the Whole, House Committee on Business Affairs & Labor Refer Amended to Appropriations, Introduced In House - Assigned to Business Affairs & Labor, Senate Third Reading Passed - No Amendments, Senate Second Reading Passed with Amendments - Committee, Senate Second Reading Laid Over Daily - No Amendments, Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole, Senate Committee on Judiciary Refer Amended to Appropriations, Introduced In Senate - Assigned to Judiciary. Mr. Cloutiers practice focuses on all areas of labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients. 8-5-101 et seq.) The new Colorado Equal Pay for Equal Work Act (EPEW) and Equal Pay Transparency (EPT) rules have been garnering a lot of attention in recent weeks. December 21, 2020. But Colorados law wasnt perfect. If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only). Colorado's Equal Pay for Equal Work Act On May 22, 2019, Colorado joined the wave of states passing aggressive equal pay laws. Announcements for promotional opportunities must include the job title, means by which employees may apply, and compensation and benefits for the position. ~ tamara. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. May apply, and Compensation and benefits for the state of Colorado to request salaries so information. 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