Employers covered by Colorado’s Equal Pay for Equal Work Act, Part 2 (EPEWA) will now be required to publish salary and benefits information for all promotional opportunities and covered job postings (including remote jobs can be done anywhere), unless that job is specifically related to a non-Colorado job site.
In a reversal of its earlier interpretation, the Colorado Department of Labor and Employment (CDLE) issued a revised version Interpretative opinion and formal opinion (INFO) # 9 July 21, six months after the law entered into force on January 1. The revised INFO # 9 contains several critical changes regarding the interpretation of EPEWA’s CDLE that will affect virtually all employers with at least one employee in Colorado.
Salary and posting requirements
The original INFO # 9 and the transparency rules for equal pay (EPT) 7 RCC 1103-13 Excluded out-of-state jobs from the requirement to include salary and benefits information in promotional opportunity notices and job postings. Specifically, the EFA rules state that the pay posting requirements do not apply to “work to be performed entirely outside Colorado, or (2) This has led some covered employers to specifically exclude workers Colorado remote assignments in order to be exempt from pay posting requirements. Under the revised interpretation, the CDLE considers that, unless the job is specifically related to a non-Colorado job site (for example, restaurant waiters in states other than Colorado), the remote work theoretically could be performed in Colorado and, therefore, EPEWA’s salary and benefits disclosure obligations would apply.
The new directive expressly provides that covered publications include “any publication by a covered employer for (1) work related to Colorado sites or (2) remote work that can be done anywhere, but not (3) work only achievable at work sites other than Colorado “. To avoid confusion, the guide further provides that “a remote job offer, even if it indicates that the employer will not accept applicants from Colorado, remains covered by the transparency requirements of the law.” In other words, revised INFO # 9 applies to remote job postings even though they expressly exclude Colorado as a job site. Colorado employees should always be notified in advance of all promotional opportunities, regardless of location, and employers should include compensation and benefits information in this notice if work can be performed in Colorado. or from any remote location.
It is possible that this expanded interpretation triggers a revised injunction request. In the meantime, promotional opportunities and / or job postings related to a physical job site outside of Colorado are still excluded from compensation posting requirements under this new directive.
âHelp wantedâ signs and open-ended salary scales
The revised INFO # 9 clarifies that salary and benefit disclosure obligations do not apply to non-specific âhelp wantedâ signs indicating that an employer accepts requests. The revision also clarifies that salary postings that do not include a bracket do not comply with EPEWA and EPT rules. For example, salary postings that provide for a minimum wage without a maximum (for example, “$ 30,000 and up to“) and salary postings that provide for a maximum without a minimum (for example,”Up to $ 60,000 “) are also non-compliant.
Likewise, the CDLE clarified that when it comes to disclosure of benefits, employers cannot “use an open expression such as” etc. “Or” and more “” and must rather “provide the” general description of all benefits â, relating to a covered registration. (Emphasis in original.) According to INFO # 9, â[b]benefits that should be generally described include health care, retirement benefits, paid days off and any taxable benefits, but not minor “benefits” such as use of an on-site gym or discounts for employees. “
INFO # 9 is not a binding law, but represents the officially approved opinion and opinion of the Labor Standards and Statistics Division to employers, employees and other stakeholders on how the Labor Standards and Statistics Division applies and interprets the law.
Michelle B. Muhleisen, David L. Zwisler and Raul Chacon, Jr. are attorneys at Ogletree Deakins in Denver. Â© 2021 Ogletree Deakins. All rights reserved. Republished with permission.