OverviewWith its recently enacted Equal Pay for Equal Work Act (the "Act"), Colorado is one of more than a dozen states taking action to protect employees against discrimination and ensure equal pay for equal work. The Equal Pay for Equal Work Act ("EPEWA") aims to "help close the pay gap in Colorado and ensure that employees with similar job duties are paid the same wage rate regardless of sex, or sex plus another protected status." Some recent settlements include: A promotional opportunity must be provided for any job tied to a location in Colorado, a remote job, or a job tied to a location outside of Colorado. The Act applies to any entity employing at least one employee working in Colorado. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. Travel, if the travel is a regular and necessary condition of the work performed. But another measure of Colorados Equal Pay law is the impact in the United States, said Louise Myrland, vice president of programs at The Womens Foundation of Colorado. With the way that Colorado drafted the Equal Pay for Equal Work Act, they were on the forefront as it related to what is called the transparency part of the law, the posting requirements, Lennon said. In an apparent response to employers who have excluded Colorado residents from their applicant pools since the CEPEWA took effect on January 1, 2021, Revised INFO #9 also provides: "Thus, a remote job posting, even if it states that the employer will not accept Colorado applicants, remains covered by the Act's transparency requirements: the . She also writes the "What's Working" column, available as a free newsletter at coloradosun.com/getww. 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). Monigle paid the $8,000 fine and unwittingly became the first company to do so as part of the Colorado Equal Pay for Equal Work Act. 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. 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. (Note: This summary applies to this bill as enacted.). This includes directly interviewing sources and research / analysis of primary source documents. Privacy Legal & Trademarks Campus Map. A member of Human Resources will generally respond within 2 business days. That puts a burden on employers, so theres strong opposition to the bill already. 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. . This Newsmaker has been deemed by this Newsroom as having a specialized knowledge of the subject covered in this article. Three were fined, including Lockheed Martin and Twitter. Employers operating, even on a limited basis, in Colorado should be aware of Colorados recentwage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency. 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). How much does the job pay? is no longer much of a mystery for job seekers in Colorado, thanks to a state law passed in 2019 and enacted two years later. Interested in how the sausage is made? The Equal Pay Transparency Rules implement Part 2 of C.R.S. Colorado Clarifies and Adopts Equal Pay Transparency Rules Colorado recently adopted final regulations under the Equal Pay for Equal Work Act. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Colorados law really kicked off a conversation amongst employers, said Andrea Johnson, director of state policy and work initiatives at the National Womens Law Center. Now they must disclose the promotion to all workers. The jobs need not be identical, but they must be substantially equal. ADVANCED! First, the litigation challenging the law has been dismissed following denial of Plaintiff's request for a preliminary injunction. 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. Workers have increased bargaining power as employers are desperate to fill openings. Telling stories that matter in a dynamic, evolving state. It became effective on January 1, 2021, and applies to all employers in the state. The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. After giving the companies the chance to correct the issue, the vast majority did. all cited laws are incorporated in the forms that are in effect as of the effective date of Drop us a note at [email protected]. Lots of states are following suit.. 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. Join the fun and support good journalism. The rules do not elaborate on what a general description entails. Whats Working: Colorado business leaders are pessimistic about 2023. ~ tamara. A. 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. Equal Pay. June 29, 2021. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. Whats Working: Colorado sees decline in labor force but job numbers are still better than U.S. Whats Working, a column on Colorado jobs, work and the pandemic economy, (720) 263-2338 Call, text, Signal or WhatsApp, Proudly powered by Newspack by Automattic. This law requires Colorado businesses to provide equal pay disparities among men and women, including benefits, and prohibits companies from relying on wage history to set salaries for individual prospective employees. Providing for economic damages in the event of a violation, including liquidated damages. The Division of Labor Standards and Statistics engages in periodic rulemaking on labor law and policy for the State of Colorado. Connecticut, Maryland, Nevada and Rhode Island have implemented laws similar to Colorado but they dont require salaries to be listed. Jones suggests auditing their own wages. 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. Nonetheless, it has proven wildly successful in ensuring equal pay, regardless of sex, of $0.00 per hour for Colorado job seekers. You. Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? 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. The Department has stated that companies may not limit the announcements to only qualified employees. While the state labor department says most companies comply after learning of a violation, the Equal Pay law is still creating confusion for employers statewide. This includes directly interviewing sources and research / analysis of primary source documents. 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. 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. 24-34-401 (2016). Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. 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. 3100 Marine St. 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. 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 statute aligns more closely with the federal Equal Pay Act by carving out exceptions for permissible wage . Aaron Batilo, the Commerce City engineer who set up ColoradoExcluded.com to crowdsource violations, said he received between 600 to 700 job listings across 200 companies, but theres not much activity anymore. Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. And we hired 61 people in (2021). Job descriptions and salary history records need to be kept by the employer for the duration of employment plus 2 years after the end of employment. Paying one employee a wage rate less than the rate paid to an employee of a different sex (or sex plus another protected status) for substantially similar work absent legally justified reasons; Asking about or relying on an applicants salary history; Restricting employees from discussing their compensation with other employees; and. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. (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. Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. The Equal Pay Act (EPA) is a federal employment law that prohibits sex-based compensation discrimination and mandates that men and women in the same workplace doing substantially equal jobs be given equal pay. Please visit the campus HR Hiring page for information on job posting requirements. 1. The median annual pay of full-time working women was only 80 cents for each dollar a man working full-time earned in 2016. 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? Office of Institutional Equity & Compliance, CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions. Three, including Monigle, were fined. The Equal Pay for Equal Work Act (C.R.S. Attorney Advertising. 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. The states Equal Pay for Equal Work law influenced new laws in other states. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. (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 But Colorados law wasnt perfect. How is substantially similar work determined? Telling stories that matter in a dynamic, evolving state. You need to have the pay and benefits information in there, Lennon said. CDLE Webinar: Equal Pay for Equal Work Act - July 13, 2021, Worker Adjustment & Retraining Notification, COMPS (Colorado Overtime & Minimum Pay Standards), Interpretive Notice & Formal Opinions (INFOs) & Other Published Guidance, Digital Literacy and Inclusion Initiative, Office of Education and Training Innovation, Retaliation, Discrimination, & Harassment, Employment Opportunity Act (Credit History), Workplace Accommodations for Nursing Mothers, Colorado Chance to Compete Act (Ban the Box), Demands, Complaints, Responses, & Settlements, Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA), Colorado Health Emergency Leave with Pay ("Colorado HELP") Rules March 11 - July 14, 2020, Colorado Overtime & Minimum Pay Standards (COMPS), Agricultural Labor Rights and Responsibilities, Required Reporting by Supplemental Healthcare Staffing Agencies, INFO #9: Equal Pay for Equal Work Act, Part 2: Pay and Promotion Transparency. J. Buckner, Rep. S. Gonzales-Gutierrez, Sen. J. Bridges, Sen. L. Court, Sen. K. Donovan, Sen. S. Fenberg, Sen. R. Fields, Sen. M. Foote, Sen. L. Garcia, Sen. J. Ginal, Sen. J. Gonzales, Sen. P. Lee, Sen. D. Moreno, Sen. R. Rodriguez, Sen. T. Story, Sen. N. Todd, Sen. A. Williams, Sen. F. Winter, Sen. R. ZenzingerRep. They need to look at where the really big gaps are and ask why is that there? In other words, you now need to adjust your practices and policies to ensure compliance with the Act as it will be the law of the land for the foreseeable future. "Federal law requires that female and male employees receive equal pay for equal work, unless justified by a factor other than sex," said Joel Clark, senior trial attorney in the EEOC's Dallas District Office. A. 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. 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. There is no requirement that an employer must receive or consider applications. 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. In Colorado, theres also a rule that companies must share promotion opportunities with existing employees even if few are qualified. If you would ike to contact us via email please click here. 1 The Equal Pay Act (EPA) protects both men and women. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. 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. Dec'21- Dec'22: 104,700, 2023 Minimum Wage The first-of its-kind lawwhich . Employees can recover back wages, liquidated damages and attorneys' fees . In there, Lennon said sources and research / analysis of primary source documents man working earned. 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