Throughout 2021, members of the Provost's Office, the Office of Data Analytics, the deans, Human Resources, and campus financial units worked together to identify protected class gender and race and ethnicity salary inequities under the Colorado Equal Pay for Equal Work Act law's provisions. 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. But there was also confusion among local employers about employee promotions and whether they had to advertise the new role to outsiders. 8-5-101 et seq. This includes supervisors and otherresponsible employeesrequired to report undercampus policy. 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. Privacy Legal & Trademarks Campus Map. Maybe theyre not performing. Become a Sun member at coloradosun.com/join, Tamara writes about businesses, technology and the local economy for The Colorado Sun. All Rights Reserved. And its not always questions about Colorados law, but similar legislation in other states. 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. Campus hiring departments need to maintain job posting records for jobs that are not posted in CU Boulder Jobs, such as for student assistants. 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. The Equal Pay Act protects against pay discrimination on the basis of sex (or sex in combination with another protected status), prohibits employers from seeking salary history, and requires employers to disclose certain compensation and promotion . 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. The Department will waive all fines if an employer brings its postings into compliance after the first violation. ADVANCED! Whats Working is a Colorado Sun column about surviving in todays economy. An employer can be sued for changing the schedule (without) a two-week advance notice, Furman said. Has the law helped you as a job seeker or been a burden as an employer? So more work to be done on this bill. 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 that was slower than the third quarters 3.2% growth. Skip Navigation A new equal pay law in Colorado -- and the additional bureaucracy -- is costing the state's residents remote work opportunities. Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. Wages also went up and savings fell. Colorado: 3.3% Plus: Wage transparency violators fined, other labor bills and more. Colorado's Equal Pay for Equal Work Act On May 22, 2019, Colorado joined the wave of states passing aggressive equal pay laws. . for Equal Work Act (the "Act"), Colorado Revised Statutes ("C.R.S."), Title 8, Article 5, Part 2 . Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim. You need to have the pay and benefits information in there, Lennon said. Or find the bill of interest and check its upcoming schedule. How is substantially similar work determined? What does Colorados Equal Pay Act require? 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. Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. CDLE Webinar: Equal Pay for Equal Work Act - July 13, 2021, Worker Adjustment & Retraining Notification, COMPS (Colorado Overtime & Minimum Pay Standards), Interpretive Notice & Formal Opinions (INFOs) & Other Published Guidance, Digital Literacy and Inclusion Initiative, Office of Education and Training Innovation, Retaliation, Discrimination, & Harassment, Employment Opportunity Act (Credit History), Workplace Accommodations for Nursing Mothers, Colorado Chance to Compete Act (Ban the Box), Demands, Complaints, Responses, & Settlements, Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA), Colorado Health Emergency Leave with Pay ("Colorado HELP") Rules March 11 - July 14, 2020, Colorado Overtime & Minimum Pay Standards (COMPS), Agricultural Labor Rights and Responsibilities, Required Reporting by Supplemental Healthcare Staffing Agencies, INFO #9: Equal Pay for Equal Work Act, Part 2: Pay and Promotion Transparency. Colorado Equal Pay for Equal Work Act. The law which was passed in 2019 and took effect at the start of this yearushered in a range of rules regarding employee compensation, including new procedures for adjudicating sex-based wage . Announcements for promotional opportunities must include the job title, means by which employees may apply, and compensation and benefits for the position. She has experience with contract interpretation, negligence and assumption of risk, breaches of fiduciary duty, and burden of proof. What is the Equal Pay for Equal Work Act? 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. 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.. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. 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. It stemmed from data showing that women and people of color often earn much less than their white or male colleagues even in the same roles. Danielson said she and other advocates, which include The Womens Foundation of Colorado, have met with interested parties since spring to suss out their differences. In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008). 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. An employee includes any person employed by an employer covered by the Act. A promotional opportunity exists when an employer has or anticipates a vacancy in an existing or new position that could be considered a promotion for at least one employee in terms of compensation, benefits, status, duties, or access to further advancement. 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. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. Here are some commonly asked questions by our clients: A. IT'S HAPPENING! Contact her at cosun.com/heyww, Colorados Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. It would require employers to post worker schedules ahead of time and not penalize employees who say no to last-minute calls for help. 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 law, formerly Senate Bill SB19-085, contains significant regulations regarding salary requirements, job postings, allowable interview questions, and other aspects of employment. 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. You should attach any evidence you have of the alleged violation. >> 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. December 21, 2020. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Due to the wide-ranging requirements and impacts of the . In the past year, the labor department has warned hundreds of employers that wages must be displayed in the job listing and Coloradans must not be excluded from remote work opportunities. 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. But it wasnt perfect, apparently. 5 min read. 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 compensation range must be for the particular job advertised (. Current salary or salary history NOT used to set pay, All job openings and open promotional opportunities posted with hiring rate or range, Temporary staff/ research positions recruited through CU Boulder Jobs, Job postings and descriptions archived in CU Boulder Jobs or OnBase, Hiring departments maintain job posting records for jobs not posted through CU Boulder Jobs, such as student assistants, Internal pay equity analysis work is ongoing, Campus compensation philosophy and pay practice guidelines for staff under development, Campuswide staff pay grades under development including analysis of compression issues. Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. Concerning the creation of the "Equal Pay for Equal Work Act" in order to implement measures to prevent pay disparities. 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. The most impacted communities of the Just Transition Action Plan, which include Yampa Valley and West End of Montrose County, get priority. As a news piece, this article cites verifiable, third-party sources which have all been thoroughly fact-checked and deemed credible by the Newsroom in accordance with the Civil Constitution. The Division only accepts complaints in writing using the Divisions form. The law which was passed in 2019 and took effect at the start of this yearushered in a range of rules regarding employee compensation, including new procedures for adjudicating sex-based wage. Nonetheless, it has proven wildly successful in ensuring equal pay, regardless of sex, of $0.00 per hour for Colorado job seekers. As always, share your 2 cents on how the economy is keeping you down or helping you up at cosun.co/heyww. Promotional opportunities may also include required qualifications and intended hire (, If an employer regularly (at least monthly) hires or automatically promotes employees, including in-line lateral promotions, into a specific position upon the completion of set requirements, an employer may issue a one-time static notice of the promotional opportunity (. Some listings shared no wages. Specifically, the law has changed the way employers post jobs, promotions, hire, determine pay, and keep records. After giving the companies the chance to correct the issue, the vast majority did. The Department has stated that companies may not limit the announcements to only qualified employees. 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. We will monitor the developments in Colorado and provide updates as warranted, so you should ensure you are subscribed to Fisher Phillips Insight system to gather the most up-to-date information. The " Equal Pay for Equal Work Act " ( SB 19 . Specifically, the Equal Pay Act aims to "help close the pay gap in Colorado and ensure that employees with . all cited laws are incorporated in the forms that are in effect as of the effective date of This Week in 340B: February 21 27, 2023. Denver, CO 80202-3660 Also read: COUNTERPOINT | 'Bad businesses need not hire here' No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. 8-5-101 et seq .) While the Colorado Department of Labor and Employment has attempted to provide clarity around the job posting and pay transparency provisions in the Act adopting Equal Pay Transparency Rules, issuing its Statement of Basis, Purpose, Specific Statutory Authority, and Findings, and providing its Interpretive Notice and Formal Opinion #9 there remain some common compliance questions that are not easily uncovered in these documents. California Equal Pay Act (Labor Code section 1197.5) and Labor Code section 432.3 California Equal Pay Act: Frequently Asked Questions 1. 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. 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. And that equips job seekers with information going in instead of learning later on that a less-experienced colleague is making much more. The same bill created an unemployment fund for the undocumented workers who arent eligible for benefits even though their employers pay for it. The first-of its-kind lawwhich . Pushback came from out-of-state companies that didnt ignore Colorados new law they just excluded candidates from Colorado. The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. Fast Company reports on how the program will work. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. For staff, substantially similar work is based on the type and level of work organized by job families. Some recent settlements include: 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. Its just saying to employers, you know what youve budgeted for a position. Because a remote-based position could be performed within Colorado, disclosures are still required. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to email a link to a friend (Opens in new window), How Denver is spending the $41M from the Broncos sale, analysis of recent wage transparency studies. 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. A promotional opportunity includes any promotion in compensation, benefits, status, duties, or access to further advancement. National: 3.5%, Colorado Job Growth (SA) As a news piece, this article cites verifiable, third-party sources which have all been thoroughly fact-checked and deemed credible by the Newsroom in accordance with the Civil Constitution. When introduced four years ago, Colorado's Equal Pay law sought to equalize pay for substantially similar work. 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. Colorado's Equal Pay for Equal Work Acts says any business that employs just one Coloradan -- even remotely -- must post job salary ranges. 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. While the agency was more lenient last year as the law went into effect, the state has notified more than 200 companies about violations and is now issuing fines. $10.63 / Hour for tipped employees, Colorado Department of Labor and Employment, 633 17th Street, Suite 201 Should they be? Attorney Advertising Notice: Prior results do not guarantee a similar outcome. it was not until the federal "Equal Pay Act of 1963", 29 U.S.C. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. Paying one employee a wage rate less than the rate paid to an employee of a different sex (or sex plus another protected status) for substantially similar work absent legally justified reasons; Asking about or relying on an applicants salary history; Restricting employees from discussing their compensation with other employees; and. With respect to jobs tied to a location outside of Colorado, the employer is not required to include the compensation for the position. May 28, 2019. But the laws add extra concerns for employers who have operations or at least one worker in multiple states. 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. Employers operating, even on a limited basis, in Colorado should be aware of Colorado's recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency. 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. A lawsuit challenging the constitutionality of the laws compensation and promotional postings requirements was filed against the Department in Colorado federal court soon after it was enacted. In 2019, Colorado's Equal Pay for Equal Work Act was passed and signed into law, effective January 21, 2021. . What jobs need to be posted now and what information is required to be included? The Equal Pay for Equal Work Act requires employers to disclose compensation and benefits in all job postings in order to promote pay transparency. More recently, the law has been in the news in connection with . 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. 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. Job descriptions and salary history records need to be kept by the employer for the duration of employment plus 2 years after the end of employment. 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. And now, the Equal Pay for Equal Work Act is poised for an update from some of the state lawmakers behind it. In 2019, Colorado enacted the Equal Pay for Equal Work Act to go into effect on January 1, 2021. The new law will allow individuals who think they're facing gender-based pay discrimination to sue their employers. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. Colorado Equal Pay for Equal Work Act went into effect on January 1 2021. . 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? But the states average wage has grown faster than the rest of the nation. 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. Colorado employers should prepare to comply with the Equal Pay for Equal Work Act (EPEWA), which will become law in the state on January 1, 2021. . A draft shared with The Colorado Sun attempts to clarify the difference between career progression for existing workers versus a job opportunity. The latter means a current or anticipated vacancy that needs to be filled. Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. The intention of the bill is to address pay gaps caused by sex-based discrimination and to promote transparency across Colorado's workforce. Providing for economic damages in the event of a violation, including liquidated damages. Its been scheduled for a committee meeting on Feb. 16. A. Benavidez, Rep. B. Buentello, Rep. Y. Caraveo, Rep. J. Coleman, Rep. L. Cutter, Rep. M. Duran, Rep. D. Esgar, Rep. T. Exum, Rep. R. Galindo, Rep. A. Garnett, Rep. C. Hansen, Rep. E. Hooton, Rep. D. Jackson, Rep. S. Jaquez Lewis, Rep. C. Kennedy, Rep. C. Kipp, Rep. S. Lontine, Rep. B. McLachlan, Rep. J. Melton, Rep. D. Michaelson Jenet, Rep. K. Mullica, Rep. D. Roberts, Rep. J. The Colorado Department of Labor and Employment (CDLE) has issued final rules interpreting the Act, which provide that the compensation disclosures do not apply to jobs performed entirely outside Colorado or to postings entirely outside Colorado. Just visit the Colorado General Assembly schedule and press the audio icon to listen. You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The Boulder campus maintains a faculty committee for the resolution of salary grievances and oversight of the appeals process. 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. INFO #9: Equal Pay for Equal Work Act, Part 2: Pay and Promotion Transparency(the Division's comprehensive guidance on applying and interpreting the Act), Equal Pay for Equal Work Fact Sheet - Short Fact Sheet. But job postings made in October and December still violated the law, according to the agency letter. Will the U.S. Supreme Court Make Marijuana Legal? The letters started last July. Its too soon. Use our Equal Pay Act Questions & Feedback contact form to submit questions and feedback. 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. Job content (not job titles) determines whether jobs are substantially equal. 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. For more information on MSE's efforts to secure equal pay for equal work, visit our equal rights in the workplace webpage. In an analysis of recent wage transparency studies, the organization found pay transparency laws help narrow the gender wage gap by reducing wage growth among top earners, who tend to be men. Enacting one of the toughest enhanced state pay equity laws to date, Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. Employee is defined as a person employed by an employer. 24-34-401 (2016). Job postings (which also serve as a job description) are also archived by HR through CU Boulder Jobs, including regular faculty and research faculty. Reminder: High-Earning Exempt Professionals Must Be Paid a "True Gold Dome Report Legislative Day 24 (2023). How long do we need to keep job descriptions and salary history records? Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. This bill aims to clear some of those things up. 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. If you believe your employer has discriminated against you on the basis of sex, contact us at info@mselaborlaw.com or 202-833-8855. However, the court rejected the plaintiffs request to issue a preliminary injunction to halt application or enforcement of the Act in May, and all parties agreed to a dismissal of the lawsuit in early July. The Equal Pay for Equal Work Act (C.R.S. 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. While in law schoolserved as an intern in the Office of Congressman Mike McIntyre and as a law clerk in the Cook County Office of the Public Defender. But heres one suggestion: I would love to see a bill that lets the public see how much big companies pay their shareholders while causing consumer prices to skyrocket and keeping workers pay low.. Employers who have yet to review their personnel . Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. 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. The states Equal Pay for Equal Work law influenced new laws in other states. Refer to the House or Senate Journal for additional information. It at least helps you determine which roles to apply for, Jones said. If you would like to file anonymously, you may do so by completing the complaint form without including your personal information (Section I) and not signing the form. Now is the time to address equity in wages. The law makes exceptions for pay based on merit, seniority or commission. Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? Personal employee emergencies? To further advancement came from out-of-state companies that didnt ignore Colorados new law will allow individuals who think they #. A burden as an employer covered by the Act require employers to post worker ahead. We need to keep job descriptions and salary history records a sense of what theyre willing to Pay benefits! Apply, and keep records information going in instead of learning later on that a less-experienced is! The nation using the Divisions form your employer has discriminated against you on the basis of,. 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