What is the Equal Pay for Equal Work Act? The Equal Pay for Equal Work Act ("EPEWA") aims to "help 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 plus another protected status." These requirements apply to Colorado-based and remote-based job postings, with a limited exception. The Equal Pay for Equal Work Act (C.R.S. Sen. J. Danielson, Sen. B. PettersenRep. Or find the bill of interest and check its upcoming schedule. Were very much aligned with the spirit of the act and the transparency. Leeds School of Business economists at the University of Colorado had previously forecast the states real GDP to increase 2% this year. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The Boulder campus maintains a faculty committee for the resolution of salary grievances and oversight of the appeals process. Employers must make reasonable efforts to announce promotional opportunities to all Colorado employees prior to making a promotion decision. In other words, you now need to adjust your practices and policies to ensure compliance with the Act as it will be the law of the land for the foreseeable future. Wage differentials must be based on a factor other than sex, race, disability status, or other protected class status. Colorados Equal Pay Act applies to all employers and employees in the state of Colorado, both public and private. Copyright 2023, Sheppard Mullin Richter & Hampton LLP. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. Due to the wide-ranging requirements and impacts of the . This bill aims to clear some of those things up. When Colorado's Equal Pay for Equal Work Act went into effect January 1, 2021, Andrea Johnson, director of state policy, workplace justice, and cross-cutting initiatives at National Women's Law Center, said it was met with excitement from employees and employers alike. Sherman & Howard, one of Denvers oldest law firms, has seen inquiries taper off, but were still getting calls on a daily basis, said Beth Ann Lennon, an attorney who advises multiple international and national employers on all aspects of labor issues. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. But the laws add extra concerns for employers who have operations or at least one worker in multiple states. The new law, signed by Governor Jared Polis on May 22, 2019, goes into effect on January 1, 2021. >> Read, Grants for the transitioning coal industry: Theres $9.62 million available to local agencies and organizations helping to transition their communities to new jobs and industries as the state moves to cleaner energy than coal. Drop us a note at tips@coloradosun.com. Reminder: High-Earning Exempt Professionals Must Be Paid a "True Gold Dome Report Legislative Day 24 (2023). Theres also the CEO pay ratio law, which reveals how wages of CEOs at public companies are often many times higher than their workers (heres a searchable list). Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. See Colo. Rev. Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. But they are trying to figure out how much the prospective worker will accept. The Act and the CDLE final rules do not provide any geographic limitation on promotional opportunities that must be announced; employers should announce promotional opportunities in all states to Colorado-based employees. Johnson, with the National Womens Law Center, said ideally, a federal law would help employers nationwide set uniform policies for all workers instead of changing depending on 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. The intention of the bill is to address pay gaps caused by sex-based discrimination and to promote transparency across Colorado's workforce. Interested in how the sausage is made? The impact of these new policies isnt yet known because the laws are young. The " Equal Pay for Equal Work Act " ( SB 19 . Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Use our Equal Pay Act Questions & Feedback contact form to submit questions and feedback. June 29, 2021. If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only). Monigle is the rare employer that did not bring itself into compliance after the Division issued it a no-fines Warning & Order detailing where, when, and why its job postings violated the Act, read the department of labor notice to Monigle, dated Dec. 2, 2021. Administrative and Research Center, East Campus He is also a member of the Firm's Diversity and Inclusion Committee. Will campus HR be looking to make sure that employees pay is at least at the minimum pay range? Chalk Monigles fine up to a hiring frenzy, a new applicant tracking system and, like many small businesses, a small HR team that made it challenging to keep track of the intricacies of new employment laws, said Nichole Albertsmeier, the companys chief financial and administrative officer. Aaron Batilo, the Commerce City engineer who set up ColoradoExcluded.com to crowdsource violations, said he received between 600 to 700 job listings across 200 companies, but theres not much activity anymore. Employers need only announce promotion opportunities to employees who perform any amount of work while physically present in Colorado. FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. And that equips job seekers with information going in instead of learning later on that a less-experienced colleague is making much more. UCB 565 Plus: Wage transparency violators fined, other labor bills and more. If you do not have evidence, you should describe the alleged violation. The compensation range must be for the particular job advertised (. The Act will go into effect on January 1, 2021. If you believe your employer has discriminated against you on the basis of sex, contact us at info@mselaborlaw.com or 202-833-8855. What does Colorados Equal Pay Act require? A. Others didnt have the top amount, only a + sign, as in Salary Range: $70,000 95,000+. And some openings offered full benefits but no description as to what those benefits were. Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? 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. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. 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. Including compensation and benefits in job postings is required for all jobs tied to a location in Colorado or a remote job. All were violations. Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? Complaints about the existing wage transparency law are still coming in, though activity trailed off during the year, according to the state Department of Labor and Employment. * Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate. Share with Whats Working by emailing tamara@coloradosun.com. If you believe that the employer has violated the Act, you may file a complaint by filling out the Equal Pay for Equal Work Act, Part 2 Complaint Form. This compensation range may extend from the lowest to the highest pay the employer, in good faith, believes it may pay for the particular job. 2023 Fisher & Phillips LLP. There is no requirement that an employer must receive or consider applications. However, the legislative history provides some guidance in this respect, as it appears that the Public Comment criticized the non-final version of these rules, noting the specific value of incentive compensation like commissions and bonuses are often unknown when a position is posted. Under the new law, employers are prohibited from paying an employee of one sex (including gender identity) a wage rate less than the rate paid to an [] Travel, if the travel is a regular and necessary condition of the work performed. A Commerce City engineer created a site to track violators (its now archived). ADVANCED! The letters started last July. Travel, if the travel is a regular and necessary condition of the work performed. Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? The Division investigates complaints against employers concerning transparency in pay and employment opportunities. Passed in Colorado in 2019 but fully effective January 1, 2021, the Equal Pay for Equal Work Act prohibits all employers in the state, regardless of size, from discriminating based on sex and gender identity. National Law Review, Volume X, Number 344, Public Services, Infrastructure, Transportation. Women still are paid less than men even though gains have been made over the years. The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. And not having knowledge of the true top hurts women and people of color who havent been in the room before and prevents them from getting to pay equity in the first place, Jones said. The Division of Labor Standards and Statistics engages in periodic rulemaking on labor law and policy for the State of Colorado. They lose the advantage of an asymmetry of information that employers often have, meaning we have a sense of what were going to pay and what our competitors are paying but were not going to disclose that to workers in the hopes that you can bargain down their wages or that theyll be able to sign someone up with a lowball offer, Seligman said. Is this part of the Colorado Equal Pay for Equal Work Act? The Act was enacted to address pay. The same bill created an unemployment fund for the undocumented workers who arent eligible for benefits even though their employers pay for it. Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. Starting January 1, 2021, Colorado's Equal Pay for Equal Work Act (SB 19-085) will prohibit all employers from discriminating because of sex (including gender identity) alone or with another protected status by paying less for substantially similar work in terms of skill, effort and responsibility. Kevin Cloutier is a partner in the Labor and Employment Practice Group and co-chair of the firm's Non-Compete and Trade Secrets Team in the firm's Chicago office. Pushback came from out-of-state companies that didnt ignore Colorados new law they just excluded candidates from Colorado. There's a clear movement across the country for greater pay transparency and workers' rights, but Colorado's Equal Pay law remains the most expansive. EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. But, the analysis found, these laws do not necessarily increase womens earnings. The exceptions to the job postings requirements are (1)confidentiality from an incumbent employee being replaced, (2)automatic promotion after a trial period of up to a year, and (3)temporary/acting/interim hire for up to six months (employer must post if the position becomes permanent). In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act . This includes supervisors and otherresponsible employeesrequired to report undercampus policy. Privacy Legal & Trademarks Campus Map. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. . But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. >> Read, Direct-cash programs on the rise in Colorado Getting paid to live through experimental basic-income programs has been helping low-income Coloradans survive, reports Jennifer Oldham with the Colorado Trust. Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. Will the U.S. Supreme Court Make Marijuana Legal? So more work to be done on this bill. But other less-publicized elements of the law created confusion or extra work for companies. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Theres a form online to report wage transparency violators. This means increasing pay transparency, disrupting occupational segregation, eliminating discrimination, increasing access to paid leave, child and elder care, and adding good jobs and women in those jobs to build the economy we all need to thrive. Dont even ask. Rep. Jennifer Bacon, also a Denver Democrat, is also a prime sponsor. of the EPEWA may file a complaint with the Colorado Department of Labor and Employment or file a private civil lawsuit. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. After giving the companies the chance to correct the issue, the vast majority did. An already contentious one is House Bill 1118, the Fair Workweek Employment Standards bill. She has experience with contract interpretation, negligence and assumption of risk, breaches of fiduciary duty, and burden of proof. Requiring employers to keep records of job descriptions and wage rate history for its employees. New York Citys wage transparency law went into effect in November. Its just saying to employers, you know what youve budgeted for a position. Telling stories that matter in a dynamic, evolving state. Colorado's Equal Pay for Equal Work Acts says any business that employs just one Coloradan -- even remotely -- must post job salary ranges. The majority complied after a warning. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. Committee meetings where the debates flow on proposed laws can be heard online. Skip Navigation The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Danielson also is a main sponsor of the Job Application Fairness Act, which would stop employers from asking job seekers their age, birth date and high school or college graduation dates. >> Read story. The Equal Pay for Equal Work Act, signed into law on May 22, 2019, endeavors to close those gaps, which are reported in the act's legislative declaration. Equal Pay for Equal Work Act, Part 2 Complaint Form. 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. And we hired 61 people in (2021). David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. was signed into law by Colorado Governor Polis on May 22, 2019. A. Whats Working: Colorado business leaders are pessimistic about 2023. An employer ultimately may pay more or less than the posted range. Im going to let this poll go for at least another week because I got jammed up this week. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. This includes directly interviewing sources and research / analysis of primary source documents. Colorado's Equal Pay for Equal Work Act has changed a lot for businesses hiring practices. >> Read, Electrification rebates Reporter Michael Booth rounds up how much cash consumers can get back from purchases of clean heat pumps, water heaters and more offered in Colorado. Monigle paid the $8,000 fine and unwittingly became the first company to do so as part of the Colorado Equal Pay for Equal Work Act. And while some initial hurdles have been worked out, the ultimate effect on the gender wage gap remains to be seen. Telling stories that matter in a dynamic, evolving state. CU Boulder executive leadership, human resources, and legal counsel are leading this effort. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. SpotOn Transact LLC, $34,500 (not yet due), Advanced Circuits Inc., $2,000 (waived after coming into compliance). The new Equal Pay for Equal Work Act strengthens Colorado law and assist employees in pursuing claims for pay discrimination. But there was also confusion among local employers about employee promotions and whether they had to advertise the new role to outsiders. This upcoming Colorado Equal Pay law includes 2 new rules to do with job postings, as pointed out by the Boulder Area Human Resources Association: Companies must update their job postings and promotions The company had responded to the violations, worked with agency officials and even got the initial fines reduced, she said. All employees have the right to discuss or disclose their wage rate with other employees and no employee shall be subject to discipline, retaliation, or other adverse action because that employee inquired about, disclosed, compared, or otherwise discussed the employees compensation. Rhode Islands law goes into effect in January. Current and former employees can report violations for up to one year, and employers found to be in violation may face fines between $500 and $10,000. Campus hiring departments need to maintain job posting records for jobs that are not posted in CU Boulder Jobs, such as for student assistants. In Colorado, theres also a rule that companies must share promotion opportunities with existing employees even if few are qualified. The law, formerly Senate Bill SB19-085, contains significant regulations regarding salary requirements, job postings, allowable interview questions, and other aspects of employment. Employers operating, even on a limited basis, in Colorado should be aware of Colorados recentwage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency. Some listings shared no wages. Refer Senate Bill 19-085, as amended, to the Committee on Appropriations. Colorado's Equal Pay for Equal Work Act Transparency Rules Survive Motion for Preliminary Injunction Challenging Their Constitutionality June 1, 2021 Click for PDF Colorado's Equal Pay for Equal Work Act (EPEW), as well as the accompanying Rules and guidance, took effect on January 1, 2021. Colorado Clarifies and Adopts Equal Pay Transparency Rules Colorado recently adopted final regulations under the Equal Pay for Equal Work Act. The Department has stated that companies may not limit the announcements to only qualified employees. $13.65 / Hour The law, which went into effect Jan. 1, 2021, was intended to help close the gender pay gap where women earn less than men for the same job. This statute requires equal rates of pay for similar work across sex, gender and gender-identity. In 2019, Colorado's Equal Pay for Equal Work Act was passed and signed into law, effective January 21, 2021. . The jobs need not be identical, but they must be substantially equal. Only the Colorado range is required for multi-state or remote postings; postings may specify a different range for different parts of Colorado. With the May 2019 signing of the Equal Pay for Equal Work Act ("Equal Pay Act") that goes into effect on January 1, 2021, Colorado joined a growing list of states enacting laws to level the playing field when it comes to pay gaps. National: 3.5%, Colorado Job Growth (SA) There are so many bottomline benefits to transparency, especially in terms of attracting candidates and retaining talent. Its too soon. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. With the way that Colorado drafted the Equal Pay for Equal Work Act, they were on the forefront as it related to what is called the transparency part of the law, the posting requirements, Lennon said. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. A system that measures earnings by quantity or quality of production; The geographic location where the work is performed; Education, training, or experience to the extent that they are reasonably related to the work in question; or. Employees who believe they have been unlawfully discriminated against with their compensation or have experienced or witnessed a violation of this policy shall promptly report the matter to the Office of Institutional Equity & Compliance (OIEC). A. Job content (not job titles) determines whether jobs are substantially equal. 5 min read. The Denver branding firm was out of compliance with a new state law requiring job listings to include salaries. But it wasnt perfect, apparently. Submit anonymous complaints by mail, fax, in person, or via an anonymous email address. The content and links on www.NatLawReview.comare intended for general information purposes only. According to the CDLE final rules, a promotional opportunity exists when the employer has or anticipates a vacancy in an existing or new position that could be considered a promotionfor one or more employee(s). The Act has the potential to impact employers nationwide, as its provisions cover all employers with at least one Colorado employee, and certain disclosures are required whether the relevant position is based in Colorado or another location. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Equal Pay Transparency Rules, 7 CCR 1103-13, Equal Pay for Equal Work Act C.R.S. The Equal Pay for Equal Work Act (C.R.S. All staff position descriptions are archived to OnBase centrally, so departments don't need to maintain those. The Colorado Sun is a journalist-owned, award-winning news outlet based in Denver that strives to cover all of Colorado so that our state our community can better understand itself. Employees may also contact campus HR or also submit a question or concern at any time using the CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions form. Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. But another measure of Colorados Equal Pay law is the impact in the United States, said Louise Myrland, vice president of programs at The Womens Foundation of Colorado. View the resource pages for the 2021-22 Equity Increases: Staff Equity Review & 2021-22 Equity Increases, Faculty Equity Review & 2021-22 Equity Increases, 2022-23 Staff Compensation Work in Progress. EPEWA went into effect January 1, 2021. It at least helps you determine which roles to apply for, Jones said. Though the Equal Pay Act is working well, with these additions, it will better serve workers and employers across the state, said Sen. Jessie Danielson, a Democrat from Wheat Ridge, who was one of the prime sponsors of the original wage transparency law. Has the law helped you as a job seeker or been a burden as an employer? On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado's Equal Pay for Equal Work Act, which goes into effect January 1, 2021. Got a story tip? Because a remote-based position could be performed within Colorado, disclosures are still required. The Act requires employers to include the hourly rate or salary compensation (or a range thereof) the employer is offering for the position. The statute aligns more closely with the federal Equal Pay Act by carving out exceptions for permissible wage . Harmonized Weekly Bankruptcy Alert February 28, 2023 range: $ 70,000 95,000+ policy for the particular advertised... 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