Also read: COUNTERPOINT | 'Bad businesses need not hire here' The rules do not elaborate on what a general description entails. The Equal Pay Transparency Rules implement Part 2 of C.R.S. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. The law makes exceptions for pay based on merit, seniority or commission. The CDLE final rules require employers to provide a general description of any bonuses, commissions, or other forms of compensation offered for the job. Equal Pay. How long do we need to keep job descriptions and salary history records? 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. >> 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? The act creates significant compliance burdens for employers with even one employee in Colorado. Please click onYou mustloginto view this format the top of the web form page. No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. The Act will go into effect on January 1, 2021. A. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. As always, share your 2 cents on how the economy is keeping you down or helping you up at cosun.co/heyww. Colorado's Equal Pay for Equal Work Acts says any business that employs just one Coloradan -- even remotely -- must post job salary ranges. Or find the bill of interest and check its upcoming schedule. For student assistants, substantially similar work is determined by the type and level of work as assigned by the hiring department, school or college. The compensation range must be for the particular job advertised (. And its not always questions about Colorados law, but similar legislation in other states. Wage differentials must be based on a factor other than sex, race, disability status, or other protected class status. The Boulder campus maintains a faculty committee for the resolution of salary grievances and oversight of the appeals process. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Contact her at cosun.com/heyww, 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. The Wall Street Journal headlined its latest Bureau of Economic Analysis story succinctly: Growth was less than advertised, better than feared. The U.S. economy grew 2.9% in the fourth quarter, thanks to consumers spending more on health care, housing and utilities. 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. 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. While this law does not require an employer to post a poster, the Division wrote the below INFO #9, summarizing the law and the related Equal Pay Transparency (EPT) Rules, 7 CCR 1103-13, followed by links to the EPT Rules, and the Act. 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. Supporters of Colorados pay-transparency law eye protections for workers blackballed by national employers, Whats Working: Colorado asks how much does that job pay? All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel . 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. On January 1, 2021, Colorado's new pay equity law, the " Equal Pay for Equal Work Act ," will become effective. This includes supervisors and other responsible employees required to report under campus policy. Three, including Monigle, were fined. However, the court rejected the plaintiffs request to issue a preliminary injunction to halt application or enforcement of the Act in May, and all parties agreed to a dismissal of the lawsuit in early July. Here's what employers need to know. 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. As such, disclosure is not required where a job is performed in-person, in a geographic area outside of Colorado. The promotional and compensation posting requirements are two particularly challenging areas to understand. (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 Colorado Anti-Discrimination Act Colorado's Anti-Discrimination Act also prohibits sex-based wage discrimination. Telephone and Texting Compliance News: Regulatory Update February 2023. New labor-related proposals have popped up just weeks into the new legislative session. Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. Office of Institutional Equity & Compliance, CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions. First Regular Session | 74th General Assembly. Equal Pay Laws. 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. Spot a job listing in violation of the Equal Pay law? 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. Were very much aligned with the spirit of the act and the transparency. 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). For staff, substantially similar work is based on the type and level of work organized by job families. 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. Lots of states are following suit.. 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. How is substantially similar work determined? Has the law helped you as a job seeker or been a burden as an employer? When introduced four years ago, Colorado's Equal Pay law sought to equalize pay for substantially similar work. Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. Theres a form online to report wage transparency violators. 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 . 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. Two of the top three in Colorado Liberty Latin America and Qurate Retail, where CEO-to-worker pay ratios are 1,055 to 1 and 686 to 1, respectively are linked to retired cable TV mogul John Malone. Retaliating against an applicant who fails to disclose their wage history. Equal Pay for Equal Work Act, Part 2 Complaint Form. Some recent settlements include: 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. 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." The complexity of the law, the confusion amongst employers, the problem of not addressing remote work situations, because they were not contemplated in 2019 when the original bill passed, needs to be addressed for the future of the workforce, said Loren Furman, president and CEO of the Colorado Chamber. EPEWA has been described as "one of the toughest enhanced state pay equity laws. If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only). : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. 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. 2023 Fisher & Phillips LLP. >> File a complaint, Whats your wage transparency story? What does Colorados Equal Pay Act require? An employer can be sued for changing the schedule (without) a two-week advance notice, Furman said. This isnt a complicated regulatory regime or complex benefit, Johnson said. it was not until the federal "Equal Pay Act of 1963", 29 U.S.C. 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. Department Of Justice Introduces Voluntary Self-Disclosure Policy For All U.S. Minnesota Supreme Court Clarifies State Law Standards for Severe or Pervasive Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 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. . 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. The Equal Pay for Equal Work Act requires employers to disclose compensation and benefits in all job postings in order to promote pay transparency. 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. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim. Other states left it up to job applicants to request salaries so the information was not widely known. 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? IT'S HAPPENING! 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. 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. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. 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. 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. EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. When introduced four years ago, Colorados Equal Pay law sought to equalize pay for substantially similar work. All employers, public and private, within Colorado must comply with the law. 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 . The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Complaints about the existing wage transparency law are still coming in, though activity trailed off during the year, according to the state Department of Labor and Employment. . December 21, 2020. Federal law and equal pay laws by state aim to protect against discrimination in the workplace. That puts a burden on employers, so theres strong opposition to the bill already. 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. 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. An employee includes any person employed by an employer covered by the Act. Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. 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. Employers must make reasonable efforts to announce promotional opportunities to all Colorado employees prior to making a promotion decision. 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. Boulder campus Human Resources, University Counsel, Data Analytics and campus Executive Leadership are leading the review, analysis, and implementation in this area. Privacy Legal & Trademarks Campus Map. Colorado's Equal Pay for Equal Work Act a set of laws aimed at ending wage discrimination, especially for women and minorities went into effect earlier this year. 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. As a news piece, this article cites verifiable, third-party sources which have all been thoroughly fact-checked and deemed credible by the Newsroom in accordance with the Civil Constitution. The law, which went into effect Jan. 1, 2021, was intended to help close the gender pay gap where women earn less than men for the same job. Ethan Brooks. Colorado Equal Pay for Equal Work Act. Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. Refer Senate Bill 19-085, as amended, to the Committee on Appropriations. Refer Senate Bill 19-085 to the Committee of the Whole. They almost make you pick where youre going to go and youre afraid to overshoot it and lose the job.. >> 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. 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