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Among the most significant employment-related bills passed by the Colorado General Assembly during its 2019 legislative session was Colorado's new Equal Pay for Equal Work Act (EPEWA). The EPT Rules, the Statement of Basis, and INFO #9 mandates the following for employers: 1. What is a vacancy? On that website, there's a box prominently labeled "Pay/Promotion Transparency per Equal Pay Act." Click it and more resources can be found there. Colorado employers should be preparing for a big change that will impact your workplaces, as Colorado's Equal Pay for Equal Work Act becomes effective on January 1, 2021. Recipients should consult with counsel before taking any actions based on the information contained within this material. For many companies, this means creating or revamping practices and procedures for making promotional decisions and processing internal position changes. ii. As to the First Amendment, the Association argued the requirement to post compensation information amounted to compelled speech, which was unduly burdensome and not reasonably related to the public interest. The judge once again disagreed, finding the Association failed to establish that the laws burden on interstate commerce outweighed the laws benefits, including the attainment of gender pay equity. The Colorado Department of Labor can impose hefty fines for any violations. Found inside Page 210For the purpose of carrying out the provisions of this Act there is hereby pay , in equal semiannual payments , on the 1st day of July and January of The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . Meet the job posting requirements (see below). Found inside Page 105Civil right to full and equal accommodations , $ 24-34-801 . Explosives transportation . Restrictions , $ 89-6-101 to 9-6-107 . See EXPLOSIVES . Colorado's Equal Pay for Equal Work Act (EPEWA) and the accompanying Colorado Equal Pay Transparency (EPT) Rules took effect on January 1, 2021. The University of Colorado is dedicated to achieving pay equity, and it adheres to best practices for setting compensation rates and ranges. Link to pdf of Equal Pay Transparency Rules ColoradoRegister (1).pdf. Found inside Page 5065Fifty years after the promotions towards the executive comjobs this that this body took up the Paycheck Equal Pay Act , it is finally time to mittee level First, the Act prohibits employers from discriminating between employees on the basis of sex, or on the basis of sex in combination with another protected status. Colorado School Laws provides access to the wide range of statutes affecting education in the state. 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. Found inside Page 108Colorado . The Colorado Public Utilities Commission has taken no formal action with regard to promotional practices . Letter dated March 16 , 1971 , from C.R.S. Found inside Page A-749 at the luxurious River Bend " Modern Living " Colony by the sparkling waters of the Colorado River . But you must act before December 9 , 1968 to claim III. 2. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Found inside Page 28in everybody's minds equal pay, promotions, raises," she says. At the time when I was making my moves there was no Civil Rights Act, but I worked hard, The law, formerly Senate Bill SB19-085, contains significant regulations regarding salary requirements, job postings, allowable interview questions, and other aspects of employment. Colorado Equal Pay for Equal Work Act. . EPT Rule 4.2.2. iii. Some of these new requirements have been vague, while others have been potentially contradictory. The Equal Pay for Equal Work Act (C.R.S. iii. The intent of the legislation is to close the pay gap in Colorado and ensure that employees with similar job duties are paid the same wage EPT Rule 4.2.2. i. I. Enacted in 2019, the Equal Pay Act contains several parts and is designed to protect against wage discrimination based on sex, prohibits employers from asking job applicants about their salary history, and requires employers to disclose compensation and promotion information. Zev Eigen, Founder + Chief Data Scientist, Syndio, January 11, 2021. Additionally, the Act prohibits employers from engaging in certain activities that result, or can result, in the perpetuation of the wage gap and/or the cover up of wage rate disparities between sexes. The Act also imposes transparency obligations related to hiring, promoting, and record keeping. What is the Equal Pay for Equal Work Act (EPEWA)? An employees previous wage rate history cannot be used to justify a disparity in current wage rates. What this Means to Employers Moving Forward, The new Colorado Equal Pay for Equal Work Act contains new and important compliance obligations for employers, especially with regards to hiring practices, promotion procedures, and record-keeping requirements. If performed in Colorado, this position has a salary range of $66,725-$78,500 with an opportunity for a company-wide annual discretionary bonus, through our Annual Incentive Plan (AIP), of up to 7% of eligible pay. As we have previously reported, on November 10, 2020, the CDLE adopted the Equal Pay Transparency Rules . The Equal Pay for Equal Work Act introduces rules intended to address the gender pay gap and increase transparency. Colorados Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals. Found inside Page 1088In 4 states ( Colorado , Montana , Ohio and Rhode Island ) , the father alone is Only 31 states have equal pay laws guaranteeing women the same wage for Found inside Page 359Page 385 Colorado Justices Limit Statute Making Resigning Teachers Pay Damages Affairs Department medical center violated the Equal Pay Act when it paid Found inside Page 183 shall be arranged on a single promotion list , within their respective grades within a grade or a higher grade is equal , then according to age . On May 27, 2021, after previously ordering supplemental briefs on the posting requirements' burdens on interstate commerce, Judge William J. Martinez denied a request for a preliminary injunction to suspend enforcement of the posting provisions at issue. 1. Due to the wide-ranging requirements and impacts of the . Performing a thorough and comprehensive pay audit of your workforce with the specific goal of identifying and remedying unlawful pay disparities before the Act goes into effect may help to avoid allegations and damage awards against your business. Colorado's Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment adopted final regulations on November 10, 2020, regarding equal pay transparency. Continuous promotional opportunities. Gov. EPT Rule 4.2.2. ii. EPT Rule 4.1.2. Under that law, employers in Colorado have to issue compensation ranges in all job postings, including internal promotions. An employer found to have violated the Act is liable for economic damages in an amount equal to the difference between what the employee was paid and what the employee should have been paid but for any wage discrimination. Found inside Page 114City of Colorado Springs ( Equal Pay Act - class ) D. Colo . , No. Two male nurses denied consideration for promotion to the position of Head Nurse for On January 1, 2021, Colorado's new pay equity law, the "Equal Pay for Equal Work Act," will become effective. The Equal Pay Act went into effect on January 1, 2021. When required: Required for all promotional opportunities. Colorado does not require that an employer post all jobs externally. Geographic Limits: Most notably, the regulations no . Found inside Page 26No discrimination on account of sex is made in the Civil Service act and rules . Colorado , New York and Missouri urged also minimum wage for women For more information on the Act, click here. With the effective date fast approaching, you must use the remaining months in 2020 to get up to speed on the requirements and adjust your policies, procedures, and job postings. 8-5-101 et seq.) Found inside Page 16That the Secretary of the TreasMarch 4 , 1919 , and all acts or parts of acts ury is hereby instructed to pay quarterly on inconsistent with this act are INFO #9, p.2. iii. When required: 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 one or more employee(s) in terms of compensation, benefits, status, duties, or access to further advancement. Beginning January, employers in Colorado must (1) provide formal notice to Colorado employees of "promotional opportunities," which includes virtually every job movement, and The Colorado Equal Pay for Equal Work Act (the Act) defines employer broadly to cover certain public entities and every other person employing a person in the state. The Act further identifies several prohibited practices and outlines multiple new obligations for employers. On May 27, 2021, a federal judge denied a business group's initial attempt to stop enforcement of the Colorado Equal Pay for Equal Work Act, which MSE reported on in December. In a section entitled Transparency in Pay and Opportunities for Advancement, the Equal Pay Act requires Colorado employers to list, for both internal and external job postings, the salary range for the . The intent of the legislation is to 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 in combination with . In summary, the Act prohibits all wage rate disparities between the sexes for performance of similar work, regardless of job title, except for the narrow exceptions outlined above. Found insideBoth Executive Order 11246 and Title VII of the Civil Rights Act prohibit back pay and incentive payments and over $ 40 million in continuing pay Found inside Page 25-930Promotions. The only evidence Plaintiff presents to substantiate her Equal Pay Act claim is her speculation that one male employee was paid at a higher pay Any companies who are not already meeting the obligations of Colorados pay transparency law should promptly examine their practices and come into compliance. 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. Monday, July 19, 2021. INFO #9, p. 3. b. The Colorado Department of Labor and Employment's Division of Labor Standards and Statistics recently issued revised guidance on the Colorado Equal Pay for Equal Work Act (CEPEWA) and the accompanying Equal Pay Transparency (EPT) Rules. This material may be considered attorney advertising in some jurisdictions. Found inside Page 271Efficiency ratings for promotion , demotion , and discharge are to be established . Equal pay for equal work regardless of sex is provided for . Under the Act, a violation occurs on each occasion that a person is affected by wage discrimination, and on each occasion that a discriminatory wage is paid. On May 27, 2021, Judge William Martnez of the U.S. District Court for the District of Colorado issued an order rejecting a legal challenge to the Colorado Equal Pay for Equal Work Act (CEPEWA) that had been brought by the Rocky Mountain Association of Recruiters (Rocky Mountain) at the end of last year.. Rocky Mountain filed a lawsuit against Scott Moss on December 29, 2020, in his official . The Colorado Department of Labor and Employments (CDLE) Interpretive Notice & Formal Opinion #9 (INFO #9), issued on December 18, clarifies CDLEs interpretation of the Equal Pay Transparency Rules(EPT Rules). The law, which took effect Jan. 1, introduced rules intended to address the gender pay gap, increase transparency and protect employees from pay discrimination. This compensation and benefits information may be included through a hyperlink in a job posting. Automatic promotion after trial period. The earlier proposed regulations requiring compensation and promotion postings, which we discussed here, were largely adopted with a few key revisions: . Provide the means by which employees must apply for the position. Procedural requirements of notice: Notice of a promotional opportunity must: ii. An employer acts in good faith with respect to the violation when it has reasonable grounds for believing that its acts or omissions were not wage equity violations. Employers operating, even on a limited basis, in Colorado should be aware of Colorado's recent wage . The EPT Rules go into effect on January 1, 2021. Today, the United States District Court for the District of Colorado issued a long-awaited ruling on a motion to enjoin the recently enacted Colorado Pay Equity Transparency Rules. 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. The impact of each new law on employers is discussed below. An employee is not required to exhaust these administrative remedies and may instead opt to immediately commence a civil action by filing a claim in a Colorado district court. 8-5-101 et seq. Employees or prospective employees seeking to pursue a claim for a violation of wage transparency must submit a complaint to the Director of the Division of Labor Standards and Statistics within one year after the date that the claimant learned of the violation. In an expansive reading of Colorado's Equal Pay for Equal Work Act . A general description of any bonuses, commissions, or other forms of compensation that are being offered for the job. Law360 (May 27, 2021, 7:01 PM EDT) -- A recruiters' trade association can't stop Colorado from enforcing parts of an equal pay law, because the group hasn't sufficiently shown that . In the Act, sex means an employees gender identity. The intent of the new law is to help close the gender 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. Colorado's Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment . Colorado's Equal Pay for Equal Work Act was passed in 2019 and took effect on January 1st of 2021. Colorado Equal Pay Act (CEPA) Prohibits employers from discriminating because of sex (alone or with another protected status) by paying less for substantially similar work in terms of skill, effort and responsibility Effective January 1, 2021: Requires announcement of job opportunities made available to 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.. Accordingly, non-competitive, in-line career advancements qualify as promotional opportunities, because the company creates new positions, or vacancies, for the employees who are advancing, and thus Colorado employees must be provided notice of the opportunity. Colorado Equal Pay for Equal Work Act. But instead of adhering to the legislation, some companies have decided to exclude Colorado-based remote employees in job listings. 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. Such notice may be provided: (1)directly to employees (e.g., by email) in a periodic notice of the promotional opportunity that is frequent enough to give employees time to apply, but at least monthly; or (2) in a static notice, such as a physical or intranet posting, or an employee handbook, (a)that is continuously accessible to employees, (b)that employees are told contains notice of promotional opportunities, and (c)that is updated promptly whenever any aspect of the promotional opportunity changes (e.g., compensation, benefits, qualifications, job description, or application process). INFO #9, p. 4. June 29, 2021. Be delivered in a method that reaches all employees. 8-5-101 et seq.) No immediate promotion posting is required to fill a position on a temporary basis for up to six months where the hiring is not expected to be permanent, e.g., an acting or interim position. was signed into law by Colorado Governor Polis on May 22, 2019.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. If you're a business with employees in Colorado (at least one, actually), here's what you need to know about the legislation. EPT Rule 4.1.1(A). C.R.S. Colorado's Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals. But, with the potential for broken links and risks of links not being carried through to third party posting sites, using hyperlinks may create more problems than it solves. To help overcome this persistent salary divide, Colorado is leading the way in addressing the gender pay gap for all . iii. But a transition to a more permanent role would qualify as a promotional opportunity and notice of that opportunity must be provided. Include the job title. Legislative declaration. By Colin A. Walker, Fairfield and Woods, P.C. With some nuances, a vacancy exists when an employer (1) backfills an existing position, (2) adds a new position, or (3) gives an existing employee a new position, including by changing their title or materially changing their authority, duties, or opportunities. The promotional and compensation posting requirements are two particularly challenging areas to understand. Be made sufficiently in advance of the selection decision may apply and for a reasonable duration so that those employees may be considered. The Colorado Department of Labor and Employment (CDLE) has issued further guidance on the Equal Pay for Equal Work Act . 2020 Jackson Lewis P.C. Prohibitions Under the Colorado Equal Pay for Equal Work Act. Similar to federal law, this state law prohibits employers from paying different wages based on sex. The Act aims to close gender wage disparities by requiring that employees, regardless of their sex, be paid the same wage rates for performing substantially similar work. University of Colorado cross-campus project committees are nearing completion of a salary analysis spurred by the passage of Colorado's Equal Pay for Equal Work Act.. Transparency in Pay and Opportunities for Promotion and Advancement Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. The Equal Pay for Equal Work Act (EPEWA) went into effect for all employers in Colorado, expanding existing protections against pay discrimination on the basis of sex and providing increased transparency and visibility into compensation and promotion practices. But additional obligations exist if any employee is told of the opportunity. Wage-rate differentials may exist based on (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, (4) the geographic location where the work is performed, (5) education, training, or experience to the extent that they are reasonably related to the work in question, and (6) regular travel that is a necessary condition of work performed. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . 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