October 13, 2023

Colorado Proposes New Rules to Clarify Equal Pay Law

The Colorado Department of Labor and Employment is introducing new Equal Pay Transparency (EPT) Rules to clarify the state’s Ensure Equal Pay for Equal Work Act, set to take effect on January 1, 2024. A public hearing for these proposed rules is scheduled for October 30, 2023, with their implementation also planned for January 1, 2024.

Here are the key points from the proposed rules:

  1. Career Development and Progression: The Act exempted “career developments” and “career progressions” from the requirement for employers to announce job opportunities. The proposed rules specify that these should be based on an employee’s existing job and not linked to a current or expected vacancy.
  2. Application Deadlines: The Act mandated including application closing dates in job postings, causing confusion for evergreen postings and deadline extensions. The proposed rules provide exceptions, allowing ongoing application acceptance without deadlines and extending deadlines if the original deadline was a good-faith estimate.
  3. AINT Hires: The proposed rules extend the duration of Acting, Interim, or Temporary (AINT) hires from six to nine months. No immediate job posting is required for AINT hires if certain conditions are met.
  4. Post-Selection Notice: Employers are required to send a post-selection notice to employees with whom the selected candidate will regularly work. The proposed rules clarify that this means employees who either collaborate or communicate about their work monthly or have a reporting relationship. Employers can provide notice to a broader range or all employees and can do so for multiple selections within 30 days.
  5. Geographic Limits: The proposed rules state that notice requirements for pre-selection, post-selection, and career progression don’t apply to employees who work entirely outside of Colorado.