In September, the Colorado Department of Labor and Employment (CDLE) published proposed rules on Equal Pay Transparency providing guidance for implementation of the state’s new Equal Pay for Equal Work Law, which is set to go into effect January 1, 2021. The proposed rules went well beyond the scope of the law and prompted many concerns from the business community, including CBSA members.

In particular, one of the biggest concerns for CBSA was Section 4.3, which required Colorado employers to comply with job posting requirements, even for positions that will not or may not be filled in Colorado. Under the proposed rules, the job posting requirements also applied to any employers with one or more employees in the state, regardless of where the employer is headquartered or where the rest of the workforce is located. This section was a vast departure from what the EPEWA authorizes and would have imposed a significant burden on employers, while creating a disadvantage for qualified applicants.

CBSA shared these concerns with our local chamber partners, who worked hard to ensure the voice of the business community was heard.

CDLE released the final rules on Equal Pay Transparency this week, and they included significant improvements, such as:

• Elimination of Section 4.3
• Significant Changes to Section 4.2 to include more flexibility and confidentiality language for employers on posting of promotional opportunities;
• Changes to Section 4.1 to clarify that an employer can include a “general description” of bonuses and compensation in job postings;
• Changes to Section 4.2 to include the removal of language allowing up to 12 months to file a complaint.

CBSA is pleased with the improvements made in the final rule. We appreciate the feedback from our members and applaud the work of our local chamber partners to ensure the rules are workable for the Colorado business community.