Colorado's Equal Pay for Equal Work Act has changed a lot for businesses hiring practices. A Colorado Equal-Pay Law Could Change Employment Everywhere - The Atlantic Holy Week Politics Companies Want Remote Workers in All States but 1 Businesses such as Nike and Oracle are happy to. A. The letters started last July. Please visit the campus HR Hiring page for information on job posting requirements. The law makes exceptions for pay based on merit, seniority or commission. >> Read, Thanks for sticking with me for this weeks report. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. This article contains new, firsthand information uncovered by its reporter(s). He is an experienced trial lawyer with first-chair trial experience before state and federal trial Elizabeth M. Rowe is an associate in the Labor and Employment Practice Group in the firm's Chicago office. For faculty, substantially similar work is determined by the positions rank and academic discipline. "Federal law requires that female and male employees receive equal pay for equal work, unless justified by a factor other than sex," said Joel Clark, senior trial attorney in the EEOC's Dallas District Office. Similar wage-transparency laws have passed in eight states, including Connecticut, Maryland, Nevada and New York. On January 1, 2021, the Colorado Equal Pay for Equal Work Act became effective. Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. 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. Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. The Colorado Equal Pay for Equal Work Act prevents employers from discriminating against workers in protected classes in the payment of wages for similar work to others, not in a protected class. But the states average wage has grown faster than the rest of the nation. With the May 2019 signing of the Equal Pay for Equal Work Act ("Equal Pay Act") that goes into effect on January 1, 2021, Colorado joined a growing list of states enacting laws to level the playing field when it comes to pay gaps. This bill aims to clear some of those things up. 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 . Senate Bill 85, called the "Equal Pay For Equal Work Act," was signed by Polis on Wednesday. Only the Colorado range is required for multi-state or remote postings; postings may specify a different range for different parts of Colorado. Strictly Confidential? CU Boulder executive leadership, human resources, and legal counsel are leading this effort. Equal Pay Act Lawsuits on the Rise Over the past several years, a number of class action lawsuits have been filed by women who say they're getting paid less for performing the same work as their male counterparts - and these lawsuits show no sign of slowing down. And workers who do respond to last-minute schedule changes would receive a predictability pay bonus. 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. Committee meetings where the debates flow on proposed laws can be heard online. Compared to the first four months of 2022, the average number of monthly complaints in the last four months of 2022 decreased by almost 45%, a labor department spokesperson said. Other states, such as California, had equal-pay laws, but Colorados is considered the most aggressive because of the requirement to post salaries publicly, according to the Society for Human Resource Management. Its too soon. The Act requires employers to keep records of job descriptions and wage rate history for each employee for the duration of the employment plus two years after the end of employment. How do we know what salary to offer for a new hire or a promotion if we cant ask or use the finalists current salary information? The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. She shares updates on Denvers basic-income program. Skip Navigation Office of Institutional Equity & Compliance, CU Boulder Employees Compensation & Equal Pay for Equal Work Act Questions. Please enable javascript for the best experience! Travel, if the travel is a regular and necessary condition of the work performed. Use our Equal Pay Act Questions & Feedback contact form to submit questions and feedback. You should attach any evidence you have of the alleged violation. 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. Hes still employed there, the labor department said. Announcements for promotional opportunities must include the job title, means by which employees may apply, and compensation and benefits for the position. Who is leading this effort for the Boulder campus? All were violations. But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. Please refer to the Office of Faculty Affairs website for information about faculty salary and equity processes. An employer may include a hyperlink to compensation and benefits information. Colorado's Equal Pay for Equal Work Act On May 22, 2019, Colorado joined the wave of states passing aggressive equal pay laws. The Act will go into effect on January 1, 2021. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The Equal Pay for Equal Work Act (C.R.S. I had a company tell me, Put $56 to $100 per hour, but if its a really good candidate, were willing to go up to $150. So I said, Lets put $150 because the very first question (companies) ask is where do you want to be salarywise? If you shoot for $70, youre never going to see that $150, Jones said. This website requires javascript to run optimally on computers, mobile devices, and screen readers. Spot a job listing in violation of the Equal Pay law? 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. Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act Insights 7.06.21 Colorado's Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. U.S. economy grew slower News that the nations economy is still growing was a relief as talk of recession continued. Promotional Posting Requirements The exceptions to the job postings requirements are (1)confidentiality from an incumbent employee being replaced, (2)automatic promotion after a trial period of up to a year, and (3)temporary/acting/interim hire for up to six months (employer must post if the position becomes permanent). 8-5-101 et seq. Fast Company reports on how the program will work. Danielson is joined by two of the three prime sponsors of the original bill, including Sen. Janet Buckner, an Aurora Democrat and Rep. Serena Gonzales-Gutierrez, a Denver Democrat. 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. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. The former is a promotion as part of that type of job. Other states left it up to job applicants to request salaries so the information was not widely known. In Colorado, women earned 86 cents for every $1 earned by men, according to a 2018 analysis by the Institute for Womens Policy Research. 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. The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. 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. Others didnt have the top amount, only a + sign, as in Salary Range: $70,000 95,000+. And some openings offered full benefits but no description as to what those benefits were. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. The Colorado Sun is a journalist-owned, award-winning news outlet based in Denver that strives to cover all of Colorado so that our state our community can better understand itself. 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. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Some out-of-state employers dont like it, Growth was less than advertised, better than feared, Whats Working: Colorados unemployment rate dropped, but so did the number of people in the workforce, Whats Working: How Colorados high egg and energy prices mesh with its slowing inflation. "In too many fields, including IT, female workers are not compensated at levels equal to their male peers." The Act does not place any restrictions on the hiring process or who is hired. OverviewWith its recently enacted Equal Pay for Equal Work Act (the "Act"), Colorado is one of more than a dozen states taking action to protect employees against discrimination and ensure equal pay for equal work. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. While this law does not require an employer to post a poster, the Division wrote the below INFO #9, summarizing the law and the related Equal Pay Transparency (EPT) Rules, 7 CCR 1103-13, followed by links to the EPT Rules, and the Act. (Olivia Sun, The Colorado Sun via Report for America), How Denver is spending the $41M from the Broncos sale, Coloradans must not be excluded from remote work opportunities, most aggressive because of the requirement to post salaries publicly, (720) 263-2338 Call, text, Signal or WhatsApp, Proudly powered by Newspack by Automattic. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. The compensation range must be for the particular job advertised (. for Equal Work Act (the "Act"), Colorado Revised Statutes ("C.R.S."), Title 8, Article 5, Part 2 . A system that measures earnings by quantity or quality of production; The geographic location where the work is performed; Education, training, or experience to the extent that they are reasonably related to the work in question; or. Drop us a note at tips@coloradosun.com. 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