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 . Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? And if pay ranges arent honest, that doesnt truly help pay equity. 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. The Act and the CDLE final rules do not provide any geographic limitation on promotional opportunities that must be announced; employers should announce promotional opportunities in all states to Colorado-based employees. 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. 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 new law will allow individuals who think they're facing gender-based pay discrimination to sue their employers. 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. If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only). 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. Stat. Dont even ask. In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008). We know that when salary ranges are available to applicants, that helps close gender wage gaps.. Workers have increased bargaining power as employers are desperate to fill openings. Telephone and Texting Compliance News: Regulatory Update February 2023. The Equal Pay for Equal Work Act went into effect on January 1st, 2021. The Act has the potential to impact employers nationwide, as its provisions cover all employers with at least one Colorado employee, and certain disclosures are required whether the relevant position is based in Colorado or another location. But it wasnt perfect, apparently. Telling stories that matter in a dynamic, evolving state. The Division investigates complaints against employers concerning transparency in pay and employment opportunities. This notice came in December: NOTICE OF FINE FOR NON-COMPLIANCE WITH DIVISION ORDERS AND ORDER TO RESPOND. Wages also went up and savings fell. Colorado companies should know by now they must disclose salaries in job listings, but less-publicized elements of the law are still causing mishaps, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to email a link to a friend (Opens in new window), Commercial real estate agency CBRE has enacted a largely hybrid model of in-person and remote work since mid-2020. FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. 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. 8-5-101 et seq. Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. She has experience with contract interpretation, negligence and assumption of risk, breaches of fiduciary duty, and burden of proof. 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. It doesnt contemplate a snow bomb or act of God or even just an employee that has an emergency or unintended absence. When introduced four years ago, Colorado's Equal Pay law sought to equalize pay for substantially similar work. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. These requirements apply to Colorado-based and remote-based job postings, with a limited exception. How is substantially similar work determined? The promotional and compensation posting requirements are two particularly challenging areas to understand. 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. A. Benavidez, Rep. B. Buentello, Rep. Y. Caraveo, Rep. J. Coleman, Rep. L. Cutter, Rep. M. Duran, Rep. D. Esgar, Rep. T. Exum, Rep. R. Galindo, Rep. A. Garnett, Rep. C. Hansen, Rep. E. Hooton, Rep. D. Jackson, Rep. S. Jaquez Lewis, Rep. C. Kennedy, Rep. C. Kipp, Rep. S. Lontine, Rep. B. McLachlan, Rep. J. Melton, Rep. D. Michaelson Jenet, Rep. K. Mullica, Rep. D. Roberts, Rep. J. 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. 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. This article contains new, firsthand information uncovered by its reporter(s). The Division only accepts complaints in writing using the Divisions form. Senate Bill 85, called the "Equal Pay For Equal Work Act," was signed by Polis on Wednesday. Who is leading this effort for the Boulder campus? 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. Fast Company reports on how the program will work. Whats Working: Prepare for some new costs of being employed in 2023 in Colorado. Specifically, the Equal Pay Act aims to "help close the pay gap in Colorado and ensure that employees with . Colorados 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. Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. October 2, 2022 at 6:30 a.m. Colorado's Equal Pay for Equal Work Act, a first-in-the-nation law that went into effect last year and aims to solve historical wage inequities, probably couldn't . All were violations. Read the archive, ask a question at cosun.co/heyww and dont miss the next one by signing up at coloradosun.com/getww. According to state and U.S. data from the Bureau of Labor Statistics, Colorados average hourly wages grew 11.5% between January 2021 and May 2022, while U.S. wages grew 6.7%. Statement in compliance with Texas Rules of Professional Conduct. Attorney Advertising. Got a story tip? 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. A lawsuit challenging the constitutionality of the laws compensation and promotional postings requirements was filed against the Department in Colorado federal court soon after it was enacted. With the May 2019 signing of the Equal Pay for Equal Work Act ("Equal Pay Act") that goes into effect on January 1, 2021, Colorado joined a growing list of states enacting laws to level the playing field when it comes to pay gaps. Refer Senate Bill 19-085, as amended, to the Committee on Appropriations. Please visit the campus HR Hiring page for information on job posting requirements. Email addresses for the Colorado legislature have changedfrom the, Deadline Schedule for the 2023 Regular Session, FAMLI Family Medical Leave Insurance Program, Fiscal Assessment of Proposed Amendment SB188_L.045, Concerning Creation of the Family Medical Leave Insurance Program, Colorado's Unemployment Insurance Program (2016), Overview of the Colorado Public Employees' Retirement Association and Changes Made by Senate Bill 18-200, Colorado Open Records Act Maximum Hourly Research and Retrieval Fee, Rules & Regulations of Executive Agencies, Salaries for Legislators, Statewide Elected Officials, and County Officers, Solicitation for Members for the Behavioral Health Task Force, 2023 Remote Testimony and Remote Participation Policies, Services for Persons with Disabilities and Grievance Resolution Procedures, State of Colorado Accessibility Statement, Senate Considered House Amendments - Result was to Concur - Repass, Senate Considered House Amendments - Result was to Laid Over Daily, House Third Reading Passed - No Amendments, House Second Reading Special Order - Passed with Amendments - Committee, Floor, House Second Reading Special Order - Laid Over Daily - No Amendments, House Committee on Appropriations Refer Unamended to House Committee of the Whole, House Committee on Business Affairs & Labor Refer Amended to Appropriations, Introduced In House - Assigned to Business Affairs & Labor, Senate Third Reading Passed - No Amendments, Senate Second Reading Passed with Amendments - Committee, Senate Second Reading Laid Over Daily - No Amendments, Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole, Senate Committee on Judiciary Refer Amended to Appropriations, Introduced In Senate - Assigned to Judiciary. For student assistants, substantially similar work is determined by the type and level of work as assigned by the hiring department, school or college. Promotional Posting Requirements Excluding remote workers from the protections of the Equal Pay for Equal Work Act would negatively impact a valued and critical part of our workforce, she said. 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. . Several other states, including Massachusetts, Pennsylvania and South Carolina are considering legislation, according to the National Conference of State Legislators. 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. Current salary or salary history NOT used to set pay, All job openings and open promotional opportunities posted with hiring rate or range, Temporary staff/ research positions recruited through CU Boulder Jobs, Job postings and descriptions archived in CU Boulder Jobs or OnBase, Hiring departments maintain job posting records for jobs not posted through CU Boulder Jobs, such as student assistants, Internal pay equity analysis work is ongoing, Campus compensation philosophy and pay practice guidelines for staff under development, Campuswide staff pay grades under development including analysis of compression issues. The office that oversees it, the Division of Labor Standards and Statistics, received 631 complaints about violations, which included posts that shared no wages, didnt include a description of benefits or offered too wide of a range (ranges must have a specific bottom and top amount). Were very much aligned with the spirit of the act and the 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. The fourth, Brittany Pettersen, is now a U.S. representative. This includes supervisors and other responsible employees required to report under campus policy. 1. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. This page has timelines for upcoming rulemaking, copies of current and previous rules, recordings and transcripts from previous rulemaking, and comments received. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. When businesses provide workers with schedules 14 days in advance and provide at least 12 hours of rest time between shifts, its a win-win for employers and employees alike, Nina DiSalvo, policy director at Towards Justice, said in an email. The Act requires employers to include the hourly rate or salary compensation (or a range thereof) the employer is offering for the position. Equal Pay for Equal Work Act C.R.S. National: 3.5%, Colorado Job Growth (SA) EPEWA went into effect January 1, 2021. The main provisions of the EPEWA are summarized below. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . But Colorados law wasnt perfect. Colorados Equal Pay Act applies to all employers and employees in the state of Colorado, both public and private. 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. for Equal Work Act (the "Act"), Colorado Revised Statutes ("C.R.S."), Title 8, Article 5, Part 2 . Johnson, with the National Womens Law Center, said ideally, a federal law would help employers nationwide set uniform policies for all workers instead of changing depending on the state. The law which was passed in 2019 and took effect at the start of this yearushered in a range of rules regarding employee compensation, including new procedures for adjudicating sex-based wage. >> 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. The Equal Pay for Equal Work Act (C.R.S. This includes supervisors and otherresponsible employeesrequired to report undercampus policy. This article contains new, firsthand information uncovered by its reporter(s). Connecticut, Maryland, Nevada and Rhode Island have implemented laws similar to Colorado but they dont require salaries to be listed. If you would ike to contact us via email please click here. Employer is defined as the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state. 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. Spot a job listing in violation of the Equal Pay law? 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. Today in 2023, because several other states have followed Colorados lead, about one in four workers nationwide now are covered by pay transparency laws.. Refer Senate Bill 19-085 to the Committee of the Whole. And a few years later, now we have a different labor market, a tighter labor market where employers are starting to provide value ranges voluntarily even if they arent in a state with a law because they know it helps attract candidates.. As always, share your 2 cents on how the economy is keeping you down or helping you up at cosun.co/heyww. Providing for economic damages in the event of a violation, including liquidated damages. This compensation range may extend from the lowest to the highest pay the employer, in good faith, believes it may pay for the particular job. Wage differentials must be based on a factor other than sex, race, disability status, or other protected class status. Committee meetings where the debates flow on proposed laws can be heard online. Its just saying to employers, you know what youve budgeted for a position. A. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. And workers who do respond to last-minute schedule changes would receive a predictability pay bonus. The Act will go into effect on January 1, 2021. Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. But the states average wage has grown faster than the rest of the nation. The Equal Pay for Equal Work Act (C.R.S. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. Drop us a note at tips@coloradosun.com. 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. 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. Theres a form online to report wage transparency violators. Its been scheduled for a committee meeting on Feb. 16. 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. Job postings (which also serve as a job description) are also archived by HR through CU Boulder Jobs, including regular faculty and research faculty. This statute requires equal rates of pay for similar work across sex, gender and gender-identity. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. Rhode Islands law goes into effect in January. The general description language was intended to clarify that a specific range or monetary value of bonus compensation and other benefits were not required. Women still are paid less than men even though gains have been made over the years. View the resource pages for the 2021-22 Equity Increases: Staff Equity Review & 2021-22 Equity Increases, Faculty Equity Review & 2021-22 Equity Increases, 2022-23 Staff Compensation Work in Progress. Become a Sun member at coloradosun.com/join, Tamara writes about businesses, technology and the local economy for The Colorado Sun. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. All Rights Reserved. CU Boulder executive leadership, human resources, and legal counsel are leading this effort. While the state labor department says most companies comply after learning of a violation, the Equal Pay law is still creating confusion for employers statewide. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. The CDLE final rules require employers to provide a general description of any bonuses, commissions, or other forms of compensation offered for the job. 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. 8-5-101 et seq .) Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. He is also a member of the Firm's Diversity and Inclusion Committee. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. [1] The Act requires employers to include compensation in job postings, notify employees of promotional opportunities, and maintain job description and wage rate records. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. 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. It gives you a floor and I think for the most part, people are shooting in the middle, or if they feel super competent and know that were having a tech-talent shortage, theyre going to be like, its got to be in the top range or Im not even interested.. The Equal Pay for Equal Work Act requires employers to disclose compensation and benefits in all job postings in order to promote pay transparency. was signed into law by Colorado Governor Polis on May 22, 2019. ADVANCED! 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. Danielson is joined by two of the three prime sponsors of the original bill, including Sen. Janet Buckner, an Aurora Democrat and Rep. Serena Gonzales-Gutierrez, a Denver Democrat. Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Sherman & Howard, one of Denvers oldest law firms, has seen inquiries taper off, but were still getting calls on a daily basis, said Beth Ann Lennon, an attorney who advises multiple international and national employers on all aspects of labor issues. Boulder, CO 80309-0565, University of Colorado Boulder Regents of the University of Colorado The law which was passed in 2019 and took effect at the start of this yearushered in a range of rules regarding employee compensation, including new procedures for adjudicating sex-based wage . Chalk Monigles fine up to a hiring frenzy, a new applicant tracking system and, like many small businesses, a small HR team that made it challenging to keep track of the intricacies of new employment laws, said Nichole Albertsmeier, the companys chief financial and administrative officer. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel . If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The bill as proposed is too punitive, she said. Here's what employers need to know. Only the Colorado range is required for multi-state or remote postings; postings may specify a different range for different parts of Colorado. A. Specifically, the law has changed the way employers post jobs, promotions, hire, determine pay, and keep records. When Colorado's Equal Pay for Equal Work Act went into effect January 1, 2021, Andrea Johnson, director of state policy, workplace justice, and cross-cutting initiatives at National Women's Law Center, said it was met with excitement from employees and employers alike. All employees have the right to discuss or disclose their wage rate with other employees and no employee shall be subject to discipline, retaliation, or other adverse action because that employee inquired about, disclosed, compared, or otherwise discussed the employees compensation. Its almost better to give that person a shot to go somewhere else to make a higher salary than to knowingly keep them on staff and pay other people 30% more for the same exact work.. Leeds School of Business economists at the University of Colorado had previously forecast the states real GDP to increase 2% this year. The statute aligns more closely with the federal Equal Pay Act by carving out exceptions for permissible wage . Those cases have not been publicly disclosed yet, but will be, according to the division. That is now a violation of the law.. In the past year, the labor department has warned hundreds of employers that wages must be displayed in the job listing and Coloradans must not be excluded from remote work opportunities. The same bill created an unemployment fund for the undocumented workers who arent eligible for benefits even though their employers pay for it. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. Because if the gap is that big they probably dont need to employ that person. With respect to jobs tied to a location outside of Colorado, the employer is not required to include the compensation for the position. Copyright 2023, Sheppard Mullin Richter & Hampton LLP. The " Equal Pay for Equal Work Act " ( SB 19 . The state labor department also hired a temp worker last year to investigate complaints against companies that had purposely excluded Colorado applicants. Hiring managers should work closely with campus HR throughout the recruiting and hiring process. 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. CDLE tracks complaints. He is an experienced trial lawyer with first-chair trial experience before state and federal trial Elizabeth M. Rowe is an associate in the Labor and Employment Practice Group in the firm's Chicago office. *Note: The form requires you to sign-in using your IndentiKey. Strictly Confidential? Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). : Litigation Update February 2023 pay-transparency intervention state Legislators 1, 2021, 2! Law by Colorado Governor Jared Polis signed the Equal pay for Equal Work Act C.R.S... Pennsylvania and South Carolina are considering legislation, according to the Division laws similar to but! Includes supervisors and other benefits were not required to report under campus policy the Equal law. Sun attempts to clarify the difference between career progression for existing workers versus a job opportunity similar Colorado! Snow bomb or Act of God or even just an employee that has an emergency or unintended absence at,! How much their competitors do in all job postings in ORDER to promote pay transparency ; pay... 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