The Colorado Equal Pay Act, which remains one of the most comprehensive in the country, encourages pay equality by requiring employers to provide transparency of pay through notice to all employees of job vacancies that includes pay and pay ranges, benefits, other compensation, and application deadlines, regardless of whether the positions will be filled by internal or external candidates.
This amendment, which is effective January 1, 2024, generally relieves Employers from the responsibility to provide a separate notice for each position or compensation change for existing employees that qualifies as either career development or career progression as long as the general requirements for the development or progression are available to the workforce. It is expected that the Colorado Department of Labor and Employment will provide clarification on how this information is to be made available and who is required to receive it prior to implementation of the promotion or compensation change.
Even though this amendment provides limited relief of a requirement, Colorado Employers are advised to review their job posting and promotion notification practices to ensure compliance with the Equal Pay Act. The amendment has significantly increased the penalties for non-compliance as well as provided additional funding for the Colorado Department of Labor and Employment which has been tasked with investigating complaints of non-compliance.