Labor & Employment Law Update

Several new changes impacting Colorado’s Equal Pay for Equal Work Act (EPEWA) took effect on January 1, 2024. Employers with at least one employee located and working in Colorado must now comply with certain posting and notice requirements for all Colorado based employment opportunities, including for promotion opportunities. The EPEWA requirements apply only to an employer’s Colorado based employees.   

Employers with Colorado based employees must now disclose the following information on all Company job advertisements and postings (whether posted online or internally), including promotion opportunities, for its Colorado based employment opportunities:

• The hourly or salary compensation or the range of the hourly or salary compensation;
• A general description of the benefits and other compensation applicable to the job opportunity; and 
• The date the application window is anticipated to close.

Not only are employers with Colorado based employees required to disclose this information on all Colorado based employment job advertisements and postings, but they must also notify their Colorado employees of every job and promotion opportunity made available by the employer on the same day they are announced or posted and before a candidate is selected for the position. 

Additionally, within thirty calendar days after a chosen candidate begins working, employers must make reasonable efforts to notify the employees with whom the selected candidate will work with regularly, of the following information:

• The name of the candidate selected for the job opportunity;
• The selected candidate’s former job title if selected while already employed by the employer;
• The selected candidate’s new job title; and
• Information on how employees may demonstrate interest in similar job opportunities in the future, including identifying individuals or departments to whom the employees can express interest in similar job opportunities.

However, employers are not required to disclose this information if doing so would violate a candidate’s privacy rights under applicable local, state, or federal law or in a manner that would risk the selected candidate’s health or safety.

For positions with career progression, an employer must disclose and make available to all eligible employees the requirements for career progression, in addition to each position’s terms of compensation, benefits, full-time or part-time status, duties, and access to further advancement.

Note: If an employer is only physically located outside of Colorado and has fewer than fifteen employees working in Colorado, all of whom work only remotely, then, through July 1, 2029, the employer is only required to provide notice of remote job opportunities.