Here are some commonly asked questions by our clients: A. Ethan Brooks. And if pay ranges arent honest, that doesnt truly help pay equity. Campus HR professionals are trained in working with applicants to understand their salary expectations and to use job-based salary ranges and internal equity information to determine an appropriate salary offer based on the job requirements and pay equity on campus, not an applicants past salary history. The states Equal Pay for Equal Work law influenced new laws in other states. 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. The new Colorado Equal Pay for Equal Work Act (EPEW) and Equal Pay Transparency (EPT) rules have been garnering a lot of attention in recent weeks. Please click onYou mustloginto view this format the top of the web form page. Hiring managers should work closely with campus HR throughout the recruiting and hiring process. 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? (House Bill 19-085), CDLE Webinar: Equal Pay for Equal Work Act - July 13, 2021NEW, Colorado Division of LaborStandards and Statistics| 303-318-8441|Contact Us, Unemployment Rate - December 2022 Or find the bill of interest and check its upcoming schedule. How long do we need to keep job descriptions and salary history records? Companies must update their job postings and promotions When businesses provide workers with schedules 14 days in advance and provide at least 12 hours of rest time between shifts, its a win-win for employers and employees alike, Nina DiSalvo, policy director at Towards Justice, said in an email. The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential: The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. ADVANCED! NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The Womens Foundation worked on the original law and new bill with lawmakers and other organizations that included the Colorado Womens Bar Association and 9to5 Colorado, an organization representing working women. Biden-Harris Administration Announces $25,945,000 for Clean Water FCC OPEN COMMISION MEETING SET FOR MARCH 16, 2023: Tentatively On Federal Communications Commission to Consider Rules and Proposals to Protect Whats the Standard? While this law does not require an employer to post a poster, the Division wrote the below INFO #9, summarizing the law and the related Equal Pay Transparency (EPT) Rules, 7 CCR 1103-13, followed by links to the EPT Rules, and the Act. He is also a member of the Firm's Diversity and Inclusion Committee. FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. >> Weekly schedule, How old are you? This includes directly interviewing sources and research / analysis of primary source documents. The most impacted communities of the Just Transition Action Plan, which include Yampa Valley and West End of Montrose County, get priority. This is not part of Colorados Equal Pay for Equal Work Act. After giving the companies the chance to correct the issue, the vast majority did. This includes supervisors and otherresponsible employeesrequired to report undercampus policy. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. Employer is defined as the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state. On January 1, 2021, as the Colorado Equal Pay for Equal Work Act and the Colorado Department of Labor's implementing rules go into effect, Colorado will usher in a new era of wage transparency and protections against wage discrimination by employers. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. We have reviewed all of the detailed legal rules and guidance to develop a list of the top 12 things employers need to know about the Act. The National Law Review is a free to use, no-log in database of legal and business articles. On January 1, 2021, the Colorado Equal Pay for Equal Work Act became effective. Pay-transparency policies tend to rely on individual workers advocating for pay increases based on newly available information, the analysis said. Because a remote-based position could be performed within Colorado, disclosures are still required. The state labor department also hired a temp worker last year to investigate complaints against companies that had purposely excluded Colorado applicants. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act . Job postings (which also serve as a job description) are also archived by HR through CU Boulder Jobs, including regular faculty and research faculty. Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act, Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Interpretive Notice and Formal Opinion #9, subscribed to Fisher Phillips Insight system. 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). The Act requires employers to keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of employment. But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. The Act does not place any restrictions on the hiring process or who is hired. The same bill created an unemployment fund for the undocumented workers who arent eligible for benefits even though their employers pay for it. The Equal Pay Act (EPA) is a federal employment law that prohibits sex-based compensation discrimination and mandates that men and women in the same workplace doing substantially equal jobs be given equal pay. However, even for remote-based or Colorado-based positions, where the job posting itself is entirely outside Colorado (e.g., a paper posting not available via the internet), the requirements do not apply. Committee meetings where the debates flow on proposed laws can be heard online. Its almost better to give that person a shot to go somewhere else to make a higher salary than to knowingly keep them on staff and pay other people 30% more for the same exact work.. "In too many fields, including IT, female workers are not compensated at levels equal to their male peers." Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. Interested in how the sausage is made? Only 3 employers have been fined for violating Colorados new wage transparency law. Share with Whats Working by emailing tamara@coloradosun.com. Rhode Islands law goes into effect in January. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. Equal Pay Transparency Rules ("EPT Rules") 7 CCR 1103-13 Adopted on November 10, 2020, effective Jan. 1, 2021. . The median annual pay of full-time working women was only 80 cents for each dollar a man working full-time earned in 2016. 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. Email tamara@coloradosun.com with stories, tips or questions. This notice came in December: NOTICE OF FINE FOR NON-COMPLIANCE WITH DIVISION ORDERS AND ORDER TO RESPOND. 1 The Equal Pay Act (EPA) protects both men and women. They need to look at where the really big gaps are and ask why is that there? It gives you a floor and I think for the most part, people are shooting in the middle, or if they feel super competent and know that were having a tech-talent shortage, theyre going to be like, its got to be in the top range or Im not even interested.. Equal Pay Transparency Rules, 7 CCR 1103-13, Equal Pay for Equal Work Act C.R.S. 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. Travel, if the travel is a regular and necessary condition of the work performed. Supporters of Colorados pay-transparency law eye protections for workers blackballed by national employers, Whats Working: Colorado asks how much does that job pay? Sen. J. Danielson, Sen. B. PettersenRep. Remote jobs are not addressed in the draft bill. A. The Wall Street Journal headlined its latest Bureau of Economic Analysis story succinctly: Growth was less than advertised, better than feared. The U.S. economy grew 2.9% in the fourth quarter, thanks to consumers spending more on health care, housing and utilities. 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. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. Office of Institutional Equity & Compliance, CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Connecticut, Maryland, Nevada and Rhode Island have implemented laws similar to Colorado but they dont require salaries to be listed. That resistance comes from a desire not to undermine women or people of color who might otherwise not take as aggressive a position when it comes to bargaining for higher pay, but rather because when you start to disclose salary, employers lose some of their competitive advantage.. EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. That is now a violation of the law.. Is this part of the Colorado Equal Pay for Equal Work Act? All Rights Reserved. 8-5-101 et seq .) Proposed Nursing Home Disclosure Requirements Target Private Equity Companies and How to Make the Best Out of Your Employees Inventions Applicable Rules and Best Practices for Global Companies, Key Changes Are on the Horizon for Retirement Plans, McDermott IP Focus (Japan) 2023 - Life Sciences Session: Pharma Brands v. Generics: Developments Affecting the Balance Between Exclusivity and Market Entry, The Final CCPA Regulations: What You Need To Know. Job content (not job titles) determines whether jobs are substantially equal. The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. The Colorado Department of Labor and Employment ("CDLE") has released new guidance on the Equal Pay for Equal Work Act ("EPEW"), taking a much harder line on Colorado employers whose remote job postings exclude Colorado applicants. 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 already contentious one is House Bill 1118, the Fair Workweek Employment Standards bill. Mr. Cloutiers practice focuses on all areas of labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients. Colorado Clarifies and Adopts Equal Pay Transparency Rules Colorado recently adopted final regulations under the Equal Pay for Equal Work Act. But there was also confusion among local employers about employee promotions and whether they had to advertise the new role to outsiders. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Colorado's Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers June 29, 2021 Colorado's Equal Pay for Equal Work Act went into effect on January 1, 2021. Closely with campus HR throughout the recruiting and hiring process or who is hired is bill! An employer to announce to all employees employment advancement opportunities and job openings the. The Wall Street Journal headlined its latest Bureau of Economic analysis story succinctly: Growth was than... Of full-time working women was only 80 cents for each dollar a working! No description as to what those benefits were the Colorado Equal Pay Transparency Rules Colorado recently adopted regulations! 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