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. for Equal Work Act (the "Act"), Colorado Revised Statutes ("C.R.S."), Title 8, Article 5, Part 2 . That resistance comes from a desire not to undermine women or people of color who might otherwise not take as aggressive a position when it comes to bargaining for higher pay, but rather because when you start to disclose salary, employers lose some of their competitive advantage.. The Act was enacted to address pay disparities affecting women and minorities, and includes several provisions aimed at preventing wage discrimination, such as: Prohibiting employers from seeking prospective employees wage rate histories; Allowing employees subject to wage discrimination to file a civil action; and. Attorney Advertising. 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. Not surprisingly, the Act has led to a number of questions for employers. The first-of its-kind lawwhich . Federal Communications Commission to Consider Rules and Proposals to Whats the Standard? Excluding remote workers from the protections of the Equal Pay for Equal Work Act would negatively impact a valued and critical part of our workforce, she said. 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. Committee meetings where the debates flow on proposed laws can be heard online. Specifically, the Equal Pay Act aims to "help close the pay gap in Colorado and ensure that employees with . A. Maybe theyre not performing. In Colorado, theres also a rule that companies must share promotion opportunities with existing employees even if few are qualified. 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. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. 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. >> Weekly schedule, How old are you? Here's what employers need to know. Similar wage-transparency laws have passed in eight states, including Connecticut, Maryland, Nevada and New York. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. 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 letters started last July. 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. was signed into law by Colorado Governor Polis on May 22, 2019. It at least helps you determine which roles to apply for, Jones said. >> Read, Direct-cash programs on the rise in Colorado Getting paid to live through experimental basic-income programs has been helping low-income Coloradans survive, reports Jennifer Oldham with the Colorado Trust. We can find out tidbits like this from publicly traded companies, which must report their profits. To ensure that your question is addressed by the appropriate campus office, please complete theCU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions web form. On average, women in Colorado make 86 cents for every dollar earned by men. Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. The Equal Pay for Equal Work Act, signed into law on May 22, 2019, endeavors to close those gaps, which are reported in the act's legislative declaration. A real practical problem here is that unfortunately, in my opinion, a lot of these laws werent fully thought out or well written and theres unintended consequences. *Note: The form requires you to sign-in using your IndentiKey. Sen. J. Danielson, Sen. B. PettersenRep. 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. Blame cold weather and the unregulated natural gas market. Singer, Rep. E. Sirota, Rep. T. Sullivan, Rep. B. Titone, Rep. A. Valdez, Rep. M. Weissman, Rep. J. Arndt, Rep. S. Bird, Rep. M. Froelich, Rep. M. Gray, Rep. L. Herod, Rep. T. Kraft-Tharp, Rep. J. McCluskie, Rep. M. Snyder, Rep. K. Tipper, Rep. D. Valdez. On May 22, 2019, Colorado Governor Polis signed the "Equal Pay for Equal Work Act" into law, one of the toughest state pay equity laws in the country. The Division investigates complaints against employers concerning transparency in pay and employment opportunities. The " Equal Pay for Equal Work Act " ( SB 19 . Only 3 employers have been fined for violating Colorados new wage transparency law. All employees have the right to discuss or disclose their wage rate with other employees and no employee shall be subject to discipline, retaliation, or other adverse action because that employee inquired about, disclosed, compared, or otherwise discussed the employees compensation. ~ tamara. The fourth, Brittany Pettersen, is now a U.S. representative. But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. 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. Effective January 1, 2021, this act amends Colorado law and provides new wage discrimination and employer provisions that differ from federal law and other state equal pay laws. Colorado Clarifies and Adopts Equal Pay Transparency Rules Colorado recently adopted final regulations under the Equal Pay for Equal Work Act. Several other states, including Massachusetts, Pennsylvania and South Carolina are considering legislation, according to the National Conference of State Legislators. Telling stories that matter in a dynamic, evolving state. Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? 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. 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. Biden-Harris Administration Announces $25,945,000 for Clean Water FCC OPEN COMMISION MEETING SET FOR MARCH 16, 2023: Tentatively On Federal Communications Commission to Consider Rules and Proposals to Protect Whats the Standard? Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. 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. Plus: Wage transparency violators fined, other labor bills and more. Two studies conducted in university settings found the salaries of women faculty members increased following the pay-transparency intervention. Effective January 1, 2021, this act amends Colorado law and provides new wage discrimination and employer provisions that differ from federal law and other state equal pay laws. The Act also contains several broader obligations and prohibitions intended to increase pay transparency, including: Requiring employers to announce opportunities for promotion or advancement; Requiring employers to disclose hourly or salary compensation and benefits for each posting or job opening; and. Jones suggests auditing their own wages. The Department has stated that companies may not limit the announcements to only qualified employees. When introduced four years ago, Colorados Equal Pay law sought to equalize pay for substantially similar work. On January 1, 2021, Colorado's new pay equity law, the " Equal Pay for Equal Work Act ," will become effective. Federal and Colorado equal pay laws prohibit employers from discriminating against individuals by retaliation because they engaged in a protected activity. 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. Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. An employee includes any person employed by an employer covered by the Act. If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only). Travel, if the travel is a regular and necessary condition of the work performed. An employer can be sued for changing the schedule (without) a two-week advance notice, Furman said. 1 The Equal Pay Act (EPA) protects both men and women. Rep. Jennifer Bacon, also a Denver Democrat, is also a prime sponsor. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. 5 min read. Starting January 1, 2021, Colorado's Equal Pay for Equal Work Act (SB 19-085) will prohibit all employers from discriminating because of sex (including gender identity) alone or with another protected status by paying less for substantially similar work in terms of skill, effort and responsibility. June 29, 2021. The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. 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. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. This is not part of Colorados Equal Pay for Equal Work Act. But other less-publicized elements of the law created confusion or extra work for companies. The general description language was intended to clarify that a specific range or monetary value of bonus compensation and other benefits were not required. [1] The Act requires employers to include compensation in job postings, notify employees of promotional opportunities, and maintain job description and wage rate records. 206, became law that pay discrimination based on sex was outlawed; (b) Despite policies outlawing pay discrimination and creating avenues for women to bring a civil action for lost wages, women still earn significantly less than their male counterparts for the same work; If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Office of Institutional Equity & Compliance, CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions. The third, SpotOn Transact, a San Francisco-based payments company, paid a $16,000 fine in July based on violations related to 33 job postings that did not include compensation for jobs that could be performed in Colorado. Equal Pay Transparency Rules, 7 CCR 1103-13, Equal Pay for Equal Work Act C.R.S. The National Law Review is a free to use, no-log in database of legal and business articles. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. But another measure of Colorados Equal Pay law is the impact in the United States, said Louise Myrland, vice president of programs at The Womens Foundation of Colorado. And its not always questions about Colorados law, but similar legislation in other states. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . Under the new law, employers are prohibited from paying an employee of one sex (including gender identity) a wage rate less than the rate paid to an [] 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. "In too many fields, including IT, female workers are not compensated at levels equal to their male peers." Whats Working: Colorado sees decline in labor force but job numbers are still better than U.S. Whats Working, a column on Colorado jobs, work and the pandemic economy, (720) 263-2338 Call, text, Signal or WhatsApp, Proudly powered by Newspack by Automattic. US Executive Branch Update February 28, 2023. In 2019, Colorado enacted the Equal Pay for Equal Work Act to go into effect on January 1, 2021. The Act requires employers to include the hourly rate or salary compensation (or a range thereof) the employer is offering for the position. Its been scheduled for a committee meeting on Feb. 16. Theres also the CEO pay ratio law, which reveals how wages of CEOs at public companies are often many times higher than their workers (heres a searchable list). So more work to be done on this bill. (House Bill 19-085), CDLE Webinar: Equal Pay for Equal Work Act - July 13, 2021NEW, Colorado Division of LaborStandards and Statistics| 303-318-8441|Contact Us, Unemployment Rate - December 2022 Remote jobs are not addressed in the draft bill. 2023 Fisher & Phillips LLP. Statement in compliance with Texas Rules of Professional Conduct. But they are trying to figure out how much the prospective worker will accept. Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. Please enable javascript for the best experience! The most impacted communities of the Just Transition Action Plan, which include Yampa Valley and West End of Montrose County, get priority. 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 . Most employers want to make sure that theyre properly paying people and theres no pay disparity, Lennon said. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The intention of the bill is to address pay gaps caused by sex-based discrimination and to promote transparency across Colorado's workforce. If you have questions, please contact your Fisher Phillips attorney, the author of this Insight, any attorney in our Denver office or any member of our Pay Equity Practice Group. The Act does not require pay ranges and does not dictate where an employee is paid in a range or how salaries are set relative to the external market. 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. SpotOn Transact LLC, $34,500 (not yet due), Advanced Circuits Inc., $2,000 (waived after coming into compliance). The act creates significant compliance burdens for employers with even one employee in Colorado. But the laws add extra concerns for employers who have operations or at least one worker in multiple states. 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. Business groups oppose it, saying in this still-tight market for workers, its not an issue in the current labor market, said the Denver Metro Chamber. 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. . 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. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Today in 2023, because several other states have followed Colorados lead, about one in four workers nationwide now are covered by pay transparency laws.. Refer Senate Bill 19-085, as amended, to the Committee on Appropriations. But there was also confusion among local employers about employee promotions and whether they had to advertise the new role to outsiders. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. The company had responded to the violations, worked with agency officials and even got the initial fines reduced, she said. Should they be? 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