Because a remote-based position could be performed within Colorado, disclosures are still required. Its been scheduled for a committee meeting on Feb. 16. Concerning the creation of the "Equal Pay for Equal Work Act" in order to implement measures to prevent pay disparities. A lawsuit challenging the constitutionality of the laws compensation and promotional postings requirements was filed against the Department in Colorado federal court soon after it was enacted. The majority complied after a warning. * Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate. National Law Review, Volume X, Number 344, Public Services, Infrastructure, Transportation. A. Benavidez, Rep. B. Buentello, Rep. Y. Caraveo, Rep. J. Coleman, Rep. L. Cutter, Rep. M. Duran, Rep. D. Esgar, Rep. T. Exum, Rep. R. Galindo, Rep. A. Garnett, Rep. C. Hansen, Rep. E. Hooton, Rep. D. Jackson, Rep. S. Jaquez Lewis, Rep. C. Kennedy, Rep. C. Kipp, Rep. S. Lontine, Rep. B. McLachlan, Rep. J. Melton, Rep. D. Michaelson Jenet, Rep. K. Mullica, Rep. D. Roberts, Rep. J. It doesnt contemplate a snow bomb or act of God or even just an employee that has an emergency or unintended absence. 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. All of those opportunities need to be posted. Its just amazing to me that they havent contemplated the scenarios in a state like Colorado that has such weather variations.. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. Other states, such as California, had equal-pay laws, but Colorados is considered the most aggressive because of the requirement to post salaries publicly, according to the Society for Human Resource Management. 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. >> Details, New fund for unemployed and undocumented Remember when lawmakers approved a bill last year to use federal relief to pay off that huge federal unemployment loan debt? Boulder, CO 80309-0565, University of Colorado Boulder Regents of the University of Colorado Now be transparent about that. Contact HR 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. If they notice in their pay audits that a Hispanic female business analyst at one level is paid less than a male business analyst at a lower level, that should trigger an alert that somethings not quite right, she said. Equal Pay Transparency Rules ("EPT Rules") 7 CCR 1103-13 Adopted on November 10, 2020, effective Jan. 1, 2021. . The Equal Pay Transparency Rules implement Part 2 of C.R.S. Copyright 2023, Sheppard Mullin Richter & Hampton LLP. And now, the Equal Pay for Equal Work Act is poised for an update from some of the state lawmakers behind it. Now they must disclose the promotion to all workers. 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. US Executive Branch Update February 27, 2023. 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. 5 min read. 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. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Colorado Anti-Discrimination Act Colorado's Anti-Discrimination Act also prohibits sex-based wage discrimination. Administrative and Research Center, East Campus Is the California Equal Pay Act new? But theres still plenty of confusion. You. 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. They almost make you pick where youre going to go and youre afraid to overshoot it and lose the job.. Pay-transparency policies tend to rely on individual workers advocating for pay increases based on newly available information, the analysis said. Travel, if the travel is a regular and necessary condition of the work performed. She shares updates on Denvers basic-income program. For staff, substantially similar work is based on the type and level of work organized by job families. Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy. 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. Refer to the House or Senate Journal for additional information. >> Read story. The compensation range must be for the particular job advertised (. The Act requires employers to include the hourly rate or salary compensation (or a range thereof) the employer is offering for the position. She also writes the "What's Working" column, available as a free newsletter at coloradosun.com/getww. The intention of the bill is to address pay gaps caused by sex-based discrimination and to promote transparency across Colorado's workforce. It became effective on January 1, 2021, and applies to all employers in the state. Retaliating against an applicant who fails to disclose their wage history. Danielson is joined by two of the three prime sponsors of the original bill, including Sen. Janet Buckner, an Aurora Democrat and Rep. Serena Gonzales-Gutierrez, a Denver Democrat. David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. There is no requirement that an employer must receive or consider applications. Has the law helped you as a job seeker or been a burden as an employer? Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. We know that when salary ranges are available to applicants, that helps close gender wage gaps.. The median annual pay of full-time working women was only 80 cents for each dollar a man working full-time earned in 2016. The jobs need not be identical, but they must be substantially equal. "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. The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. CU Boulder executive leadership, human resources, and legal counsel are leading this effort. 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. 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 . 2023 Fisher & Phillips LLP. California Equal Pay Act (Labor Code section 1197.5) and Labor Code section 432.3 California Equal Pay Act: Frequently Asked Questions 1. On January 1, 2021, the Colorado Equal Pay for Equal Work Act became effective. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. A promotional opportunity includes any promotion in compensation, benefits, status, duties, or access to further advancement. Other states left it up to job applicants to request salaries so the information was not widely known. 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. 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. Use our. 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. 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. 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. But their attempts to water down or remove protections for Coloradans who work remotely for out-of-state companies only threatens pay equity, especially for women. Travel, if the travel is a regular and necessary condition of the work performed. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Though the Equal Pay Act is working well, with these additions, it will better serve workers and employers across the state, said Sen. Jessie Danielson, a Democrat from Wheat Ridge, who was one of the prime sponsors of the original wage transparency law. 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. 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. Beginning January, employers in Colorado must (1) provide formal notice to Colorado employees of "promotional . 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 (. The promotion announcement requirements do not apply to employeesentirelyoutside Colorado. 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. SpotOn Transact LLC, $34,500 (not yet due), Advanced Circuits Inc., $2,000 (waived after coming into compliance). We have too many laws. But at 37.1% of the incoming votes, its not the majority. The Equal Pay for Equal Work Act requires employers to disclose compensation and benefits in all job postings in order to promote pay transparency. 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). Colorado companies should know by now they must disclose salaries in job listings, but less-publicized elements of the law are still causing mishaps, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to email a link to a friend (Opens in new window), Commercial real estate agency CBRE has enacted a largely hybrid model of in-person and remote work since mid-2020. It gives you a floor and I think for the most part, people are shooting in the middle, or if they feel super competent and know that were having a tech-talent shortage, theyre going to be like, its got to be in the top range or Im not even interested.. With the May 2019 signing of the Equal Pay for Equal Work Act ("Equal Pay Act") that goes into effect on January 1, 2021, Colorado joined a growing list of states enacting laws to level the playing field when it comes to pay gaps. In Colorado, women earned 86 cents for every $1 earned by men, according to a 2018 analysis by the Institute for Womens Policy Research. 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. 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. As it grew last year, no one at Monigle Associates was paying close attention to emails from the Colorado Department of Labor and Employment. If employees have questions or concerns about their salaries, what should they do? 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. If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only). The Act does not require pay ranges and does not dictate where an employee is paid in a range or how salaries are set relative to the external market. The act creates significant compliance burdens for employers with even one employee in Colorado. Committee meetings where the debates flow on proposed laws can be heard online. If you do not have evidence, you should describe the alleged violation. Sen. J. Danielson, Sen. B. PettersenRep. The University of Northern Colorado is committed to providing an equitable and . *Note: The form requires you to sign-in using your IndentiKey. 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. Spot a job listing in violation of the Equal Pay law? The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. 8-5-101 et seq.) Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment; Relying on a prior wage rate to determine a wage rate; Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or. The fourth, Brittany Pettersen, is now a U.S. representative. 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. 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 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. Because if the gap is that big they probably dont need to employ that person. Companies need to go beyond wage transparency if they really want to address pay equity. June 29, 2021. The clear winner in the latest Whats Working poll about what new laws we need was None. But they are trying to figure out how much the prospective worker will accept. 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. All were violations. Im going to let this poll go for at least another week because I got jammed up this week. And we hired 61 people in (2021). for Equal Work Act (the "Act"), Colorado Revised Statutes ("C.R.S."), Title 8, Article 5, Part 2 . All Rights Reserved. . 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. Jones suggests auditing their own wages. Five months after Colorado's new Equal Pay for Equal Work Act became effective, employers are still struggling with understanding this law and related guidance, and how to comply. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel . Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? For faculty, substantially similar work is determined by the positions rank and academic discipline. Johnson, with the National Womens Law Center, said ideally, a federal law would help employers nationwide set uniform policies for all workers instead of changing depending on the state. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. So more work to be done on this bill. The statute aligns more closely with the federal Equal Pay Act by carving out exceptions for permissible wage . 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. 1 The Equal Pay Act (EPA) protects both men and women. Also read: COUNTERPOINT | 'Bad businesses need not hire here' With respect to jobs tied to a location outside of Colorado, the employer is not required to include the compensation for the position. If you need immediate assistance, please contact 303-492-6475. 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 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). Employees who can schedule child care, a second job or other responsibilities plus know their income to budget to cover their bills are happier, healthier, more productive and generate more profit for the business.. 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. In 2019, Colorado enacted the Equal Pay for Equal Work Act to go into effect on January 1, 2021. 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. Or find the bill of interest and check its upcoming schedule. Maybe theyre not performing. 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. A. Its too soon. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. Federal law and equal pay laws by state aim to protect against discrimination in the workplace. This page has timelines for upcoming rulemaking, copies of current and previous rules, recordings and transcripts from previous rulemaking, and comments received. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. But it wasnt perfect, apparently. Is this part of the Colorado Equal Pay for Equal Work Act? Here are some commonly asked questions by our clients: A. The Division investigates complaints against employers concerning transparency in pay and employment opportunities. Lets promote them and give them more responsibility and making that decision without ever posting it. 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). Some of that has to do with the competition for workers as businesses reopened in the pandemic. Please enable javascript for the best experience! Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. (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 Act will go into effect on January 1, 2021. He is also a member of the Firm's Diversity and Inclusion Committee. 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. The Act was enacted to address pay disparities affecting women and minorities, and includes several provisions aimed at preventing wage discrimination, such as: Prohibiting employers from seeking prospective employees wage rate histories; Allowing employees subject to wage discrimination to file a civil action; and. Here's what employers need to know. 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. filed a lawsuit in the U.S. District Court for the District of Colorado against the Colorado Department of Labor and . Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. Not surprisingly, the Act has led to a number of questions for employers. 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. 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. Statement in compliance with Texas Rules of Professional Conduct. The Department has stated that companies may not limit the announcements to only qualified employees. Promotional Posting Requirements What does Colorados Equal Pay Act require? This includes supervisors and otherresponsible employeesrequired to report undercampus policy. A. This includes directly interviewing sources and research / analysis of primary source documents. was signed into law by Colorado Governor Polis on May 22, 2019. was signed into law by Colorado Governor Polis on May 22, 2019. Whats Working: Colorado business leaders are pessimistic about 2023. 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. >> 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. 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. Please click onYou mustloginto view this format the top of the web form page. View the resource pages for the 2021-22 Equity Increases: Staff Equity Review & 2021-22 Equity Increases, Faculty Equity Review & 2021-22 Equity Increases, 2022-23 Staff Compensation Work in Progress. Danielson also is a main sponsor of the Job Application Fairness Act, which would stop employers from asking job seekers their age, birth date and high school or college graduation dates. $13.65 / Hour Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. 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). A draft shared with The Colorado Sun attempts to clarify the difference between career progression for existing workers versus a job opportunity. The latter means a current or anticipated vacancy that needs to be filled. 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? The Colorado Equal Pay for Equal Work Act prevents employers from discriminating against workers in protected classes in the payment of wages for similar work to others, not in a protected class. 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. But the states average wage has grown faster than the rest of the nation. 24-34-401 (2016). Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to email a link to a friend (Opens in new window), How Denver is spending the $41M from the Broncos sale, analysis of recent wage transparency studies. How long do we need to keep job descriptions and salary history records? This upcoming Colorado Equal Pay law includes 2 new rules to do with job postings, as pointed out by the Boulder Area Human Resources Association: Employers that violate the job posting requirements may be required to pay a fine of between $500 and $10,000 for each violation. Do Issuers Fail To File Form Ds Because They Fear Trolls? Equal Pay. The Division only accepts complaints in writing using the Divisions form. Please visit the campus HR Hiring page for information on job posting requirements. While the Colorado Department of Labor and Employment has attempted to provide clarity around the job posting and pay transparency provisions in the Act adopting Equal Pay Transparency Rules, issuing its Statement of Basis, Purpose, Specific Statutory Authority, and Findings, and providing its Interpretive Notice and Formal Opinion #9 there remain some common compliance questions that are not easily uncovered in these documents. On Pivotal Tech Cases an applicant who fails to disclose their wage history Policy... Heard online be performed within Colorado, disclosures are still required laws need... Effective on January 1, 2021, the Act creates significant compliance burdens for employers consider applications of Colorado... Top of the Colorado Sun attempts to clarify the difference between career progression for existing workers versus a job in! Compensation range must be for the particular job advertised ( gender wage gaps is this Part of the work.! 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Sources and research / analysis of primary source documents Takeaways: SCOTUS Weighs in on Pivotal Tech Cases Working Colorado!