The new Colorado Equal Pay for Equal Work Act (EPEW) and Equal Pay Transparency (EPT) rules have been garnering a lot of attention in recent weeks. First, the litigation challenging the law has been dismissed following denial of Plaintiff’s request for a preliminary injunction. More recently, the law has been in the news in connection with reports that job postings for various employers contained language “excepting” Colorado from their remote openings. Following these reports, the state undertook a study of remote job postings. According to the state, the study (which looked at more than 200 remote job postings) found “99% of remote job posts did not exclude Coloradans.”
The Colorado Department of Labor and Employment (CDLE) shared these, and other statistics, during an online training addressing the EPEWA and EPT rules held on July 2, 2021 (the Friday before this year’s Fourth of July holiday).
One of the points the state confirmed is employers are not required to post jobs externally. However, if they do, and the job can be performed in Colorado, pay and benefits must be included on (or linked) on the posting