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Employers with at least one employee in Colorado should remember that they are now required to comply with the pay transparency and promotion transparency requirements of the Colorado Equal Pay for Equal Work Act, which took effect January 1, 2021. The governing regulations can be found at 7 CCR 1103-13. In addition, the Colorado Department of Labor and Employment (“CDLE”) has issued Interpretive Notice & Formal INFO #9 (“INFO #9”), a non-binding interpretation regarding these requirements (“INFO #9”), which can be found here.
All job postings must now include the hourly or salary compensation, or compensation range, for the position and a general description of the benefits and other compensation that will be provided to the successful applicant. Employers may use electronic links to compensation and benefit information, rather than including that information in the posting itself.
If compensation is stated as a range, that range must represent the lowest and highest pay that the employer in good faith believes it might pay for that particular job. Relying on stale data regarding the filling of such positions in the past, or using the same blanket “range” for all positions, will not suffice.
