The Colorado Department of Labor Employment (CDLE) has issued the highly anticipated final Equal Pay Transparency (EPT) Rules and the Statement of Basis, Purpose, Specific Statutory Authority, and Findings, which seek to clarify the Colorado Ensure Equal Pay for Equal Work Act. The rules, which are largely unchanged from their proposed version, will become effective on January 1, 2024.
Under the Act, Colorado employers have an obligation to announce, post, or otherwise make known all job opportunities.
The rules attempt to clarify ambiguous provisions of the Act, as summarized below. The CDLE will be releasing further guidance in Interpretive Notice and Formal Opinion (INFO) #9A, which the CDLE website says is “coming soon.”
The new rules create definitions for “career developments” and “career progressions,” which are explicitly excluded from the notice obligation.
Career Development: The Act defines “career development” as a “change to an employee’s terms of compensation, benefits, full-time or part-time status, duties, or access to further advancement in order to update the employee’s job title or compensate the employee to reflect work performed or contributions already made by the employee.” The EPT rules clarify that such existing work or contributions must be part of the employee’s existing job and are not within a position with a current or anticipated vacancy. Employers are not required to send notices of career development position changes.
Career...
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