June 15, 2023
Colorado has developed a reputation in recent years as one of the more employee-friendly jurisdictions in the United States. One reason for this reputation is the much-publicized Equal Pay for Equal Work Act, particularly its wage transparency rules, which purported to require employers with even one Colorado-based remote employee to include specific compensation-and-benefits information in job postings and to announce all “promotional opportunities,” regardless of where within the company those opportunities are located or whether anyone in Colorado is qualified for them.
The Colorado legislature spent much of the latest session not only amending these job-posting requirements, but passing additional bills intended to offer workers greater protections. In May 2023, the Colorado legislature passed several bills that Governor Jared Polis recently signed into law. These new laws amend existing laws, for instance by introducing new worker protections, modifying standards of proof, and updating record retention requirements. The new laws include the following:
I. Senate Bill 23-105, Ensure Equal Pay For Equal Work Act (EEPEWA), introducing additional requirements concerning equal pay and job posting disclosures;
II. Senate Bill 23-172, Protecting Opportunities and Workers’ Rights (POWR) Act, expanding the reach of anti-discrimination laws;
III. Senate Bill 23-058, Job Application Fairness Act, prohibiting employers from asking about age-related...
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