Labor Department Finalizes Equal Pay Transparency Rules
Final rules clarify points of confusion in draft rules, but a few questions remain

by Jessica Folker

The Colorado Department of Labor and Employment on Nov. 10 adopted final rules relating to job posting requirements under the Equal Pay for Equal Work Act that go into effect in January.

EPEWA requires Colorado employers to notify employees of promotional opportunities and to include salary and benefits information in job postings. A draft version of the rules published in October left many employers and attorneys confused and concerned about the proposed scope and geographic reach of the regulations.

In the final rules, CDLE largely backed away from a controversial proposal that would have required multi-state employers with at least one Colorado employee to post promotional opportunities and compensation information for jobs to be performed outside of Colorado.

The final version states that employees outside of Colorado don’t need to be notified of promotional opportunities and that employers don’t need to list salary and benefits information on postings for jobs to be performed entirely outside of Colorado.

Jackson Lewis principal Laura Mitchell said that while the division “definitely made some progress and made some improvements” when finalizing the rule, “there still is the notion that if employers have an employee in Colorado and they have a job that can be performed anywhere in the country, they have to include compensation and benefits in that job posting.”

“There still is the affirmative duty and the burden on the employers to add that pay information for jobs that are outside of Colorado if… the company is open to someone in Colorado performing that job because it is a remote or virtual type position,” she said.

This complete article appears in the Nov. 23 issue of Law Week Colorado. To read the rest, and other articles from that issue, order a copy online. Subscribers can request a digital PDF of the issue.