On May 10, 2023, the Colorado legislature passed Senate Bill 23-105 (the “Amendment”), which amends Colorado’s Equal Pay for Equal Work Act to clarify certain existing employer obligations and add new obligations. Governor Jared Polis is expected to sign the Amendment into law, which will take effect on January 1, 2024.
Among other obligations, the Amendment requires an employer to make reasonable efforts to internally “announce, post, or otherwise make known” job opportunities and disclose (1) the job opportunity’s hourly or salary compensation, or range thereof (2) a general description of the benefits applicable to the job opportunity and (3) the date the application window will close. Employers physically located outside of Colorado with fewer than 15 employees working remotely in Colorado need only provide notice of remote job opportunities through July 1, 2029.
In addition, within 30 days of the employer selecting a candidate to fill a job opportunity, the employer must make reasonable efforts to announce to employees with whom the selected candidate is expected to work, the candidate’s (1) name, (2) former job title, (3) new job title and (4) information on how employees may demonstrate interest in similar job opportunities in the future. Under the Amendment, employers must also disclose to eligible employees the requirements for career progression, defined as “a regular or automatic movement from one position to another based on time in a specific role or other objective metrics.”
The Colorado Division of Labor Standards and Statistics must promulgate regulations to implement the Amendment by July 1, 2024. Colorado employers, and non-Colorado employers with remote workers in Colorado, should evaluate their external and internal job posting process to ensure compliance with the Amendment and any forthcoming regulations. For a more detailed review of the Amendment, please click here.