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. Hiring managers should work closely with campus HR throughout the recruiting and hiring process. The main provisions of the EPEWA are summarized below. 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. Has the law helped you as a job seeker or been a burden as an employer? If employees have questions or concerns about their salaries, what should they do? A. So more work to be done on this bill. But there was also confusion among local employers about employee promotions and whether they had to advertise the new role to outsiders. This website requires javascript to run optimally on computers, mobile devices, and screen readers. 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: This is not part of Colorados Equal Pay for Equal Work Act. An already contentious one is House Bill 1118, the Fair Workweek Employment Standards bill. Most employers want to make sure that theyre properly paying people and theres no pay disparity, Lennon said. Lots of states are following suit.. Some of that has to do with the competition for workers as businesses reopened in the pandemic. And not having knowledge of the true top hurts women and people of color who havent been in the room before and prevents them from getting to pay equity in the first place, Jones said. Colorado Equal Pay for Equal Work Act. 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. Equal Pay Act Lawsuits on the Rise Over the past several years, a number of class action lawsuits have been filed by women who say they're getting paid less for performing the same work as their male counterparts - and these lawsuits show no sign of slowing down. Or find the bill of interest and check its upcoming schedule. There is not a set number of days a promotional opportunity must be posted before the hiring decision. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . 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. . They almost make you pick where youre going to go and youre afraid to overshoot it and lose the job.. Ethan Brooks. Were very much aligned with the spirit of the act and the transparency. Colorado Equal Pay for Equal Work Act went into effect on January 1 2021. . 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. Use our. >> 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? (Note: This summary applies to this bill as enacted.). 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. 1 The Equal Pay Act (EPA) protects both men and women. Refer Senate Bill 19-085 to the Committee of the Whole. Got a story tip? Privacy Legal & Trademarks Campus Map. David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. Now is the time to address equity in wages. EPEWA has been described as "one of the toughest enhanced state pay equity laws. Equal Pay Transparency Rules ("EPT Rules") 7 CCR 1103-13 Adopted on November 10, 2020, effective Jan. 1, 2021. . 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. filed a lawsuit in the U.S. District Court for the District of Colorado against the Colorado Department of Labor and . This bill aims to clear some of those things up. Promotional Posting Requirements New labor-related proposals have popped up just weeks into the new legislative session. For student assistants, substantially similar work is determined by the type and level of work as assigned by the hiring department, school or college. Attorney Advertising. 8-5-101 et seq. all cited laws are incorporated in the forms that are in effect as of the effective date of : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. 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. This includes directly interviewing sources and research / analysis of primary source documents. Connecticut, Maryland, Nevada and Rhode Island have implemented laws similar to Colorado but they dont require salaries to be listed. 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. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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. 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. 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. 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? December 21, 2020. 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. Sen. J. Danielson, Sen. B. PettersenRep. 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. Its been scheduled for a committee meeting on Feb. 16. 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. >> 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. 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. CU Boulder executive leadership, human resources, and legal counsel are leading this effort. 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. Employers covered by the Colorado Equal Pay for Equal Work Act will have to post wage and benefit information for all covered promotional opportunities and job openingsincluding remote jobs . Wages also went up and savings fell. 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. I had a company tell me, Put $56 to $100 per hour, but if its a really good candidate, were willing to go up to $150. So I said, Lets put $150 because the very first question (companies) ask is where do you want to be salarywise? If you shoot for $70, youre never going to see that $150, Jones said. 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. Skip Navigation 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. We know that when salary ranges are available to applicants, that helps close gender wage gaps.. The state labor department also hired a temp worker last year to investigate complaints against companies that had purposely excluded Colorado applicants. The Colorado Anti-Discrimination Act and the newly enacted Equal Pay for Equal Work Act are steps in the right direction. Employers operating, even on a limited basis, in Colorado should be aware of Colorado's recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency. sec. 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. But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. EPEWA went into effect January 1, 2021. Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. Colorado's Equal Pay for Equal Work Act ("EPEWA" or the "Act") went into effect on January 1, 2021. Who is leading this effort for the Boulder campus? This level of transparency creates awkwardness for companies that, for example, wish to move a senior partner to a specific role, something that has been done for years to reward top workers. Only the Colorado range is required for multi-state or remote postings; postings may specify a different range for different parts of Colorado. You should attach any evidence you have of the alleged violation. 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. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. 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 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. 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. Salary history records will be maintained through HCM and central payroll records. 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 Act was enacted to address pay. The third, SpotOn Transact, a San Francisco-based payments company, paid a $16,000 fine in July based on violations related to 33 job postings that did not include compensation for jobs that could be performed in Colorado. What jobs need to be posted now and what information is required to be included? >> Weekly schedule, How old are you? The promotional and compensation posting requirements are two particularly challenging areas to understand. In Colorado, theres also a rule that companies must share promotion opportunities with existing employees even if few are qualified. 8-5-101 et seq .) 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). Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. Whats Working: Colorado business leaders are pessimistic about 2023. Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy. 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. An employer can be sued for changing the schedule (without) a two-week advance notice, Furman said. But they are trying to figure out how much the prospective worker will accept. Beginning January, employers in Colorado must (1) provide formal notice to Colorado employees of "promotional . But the states average wage has grown faster than the rest of the nation. All of those opportunities need to be posted. Email tamara@coloradosun.com with stories, tips or questions. 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. 2023 Fisher & Phillips LLP. The pay gap is even wider for Black and Latina women; they earn 63.1 and 53.5 cents on the dollar that men earn. 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. The jobs need not be identical, but they must be substantially equal. Business groups oppose it, saying in this still-tight market for workers, its not an issue in the current labor market, said the Denver Metro Chamber. A Commerce City engineer created a site to track violators (its now archived). He is also a member of the Firm's Diversity and Inclusion Committee. Maybe theyre not performing. They need to look at where the really big gaps are and ask why is that there? All Rights Reserved. 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. The bill as proposed is too punitive, she said. They lose the advantage of an asymmetry of information that employers often have, meaning we have a sense of what were going to pay and what our competitors are paying but were not going to disclose that to workers in the hopes that you can bargain down their wages or that theyll be able to sign someone up with a lowball offer, Seligman said. New York Citys wage transparency law went into effect in November. Remote jobs are not addressed in the draft bill. 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." Similar wage-transparency laws have passed in eight states, including Connecticut, Maryland, Nevada and New York. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Campus HR professionals are trained in working with applicants to understand their salary expectations and to use job-based salary ranges and internal equity information to determine an appropriate salary offer based on the job requirements and pay equity on campus, not an applicants past salary history. Only 3 employers have been fined for violating Colorados new wage transparency law. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. Federal law and equal pay laws by state aim to protect against discrimination in the workplace. After giving the companies the chance to correct the issue, the vast majority did. Denver, CO 80202-3660 Regulations by the Colorado Department of Labor and Employment (CDLE). For more information on MSE's efforts to secure equal pay for equal work, visit our equal rights in the workplace webpage. 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. As a result, state and local . 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