While the state labor department says most companies comply after learning of a violation, the Equal Pay law is still creating confusion for employers statewide. 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. And now, the Equal Pay for Equal Work Act is poised for an update from some of the state lawmakers behind it. Should they be? Copyright 2023, Sheppard Mullin Richter & Hampton LLP. A member of Human Resources will generally respond within 2 business days. We have a whole team of managers and executives whove been running their companies (like this) for decades, saying, This persons been doing really great. There's a clear movement across the country for greater pay transparency and workers' rights, but Colorado's Equal Pay law remains the most expansive. While the Colorado Department of Labor and Employment has attempted to provide clarity around the job posting and pay transparency provisions in the Act adopting Equal Pay Transparency Rules, issuing its Statement of Basis, Purpose, Specific Statutory Authority, and Findings, and providing its Interpretive Notice and Formal Opinion #9 there remain some common compliance questions that are not easily uncovered in these documents. Colorados 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. This includes supervisors and other responsible employees required to report under campus policy. It gives you a floor and I think for the most part, people are shooting in the middle, or if they feel super competent and know that were having a tech-talent shortage, theyre going to be like, its got to be in the top range or Im not even interested.. The CDLE final rules require employers to provide a general description of any bonuses, commissions, or other forms of compensation offered for the job. Senate Bill 85, called the "Equal Pay For Equal Work Act," was signed by Polis on Wednesday. Now they must disclose the promotion to all workers. Now be transparent about that. Who is leading this effort for the Boulder campus? Colorado was the first that made a big splash and got a lot of attention for requiring pay ranges and compensation information in job postings, were really leading the way, Myrland said. $13.65 / Hour 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. Its just saying to employers, you know what youve budgeted for a position. Paying one employee a wage rate less than the rate paid to an employee of a different sex (or sex plus another protected status) for substantially similar work absent legally justified reasons; Asking about or relying on an applicants salary history; Restricting employees from discussing their compensation with other employees; and. National: 3.5%, Colorado Job Growth (SA) This bill aims to clear some of those things up. Strictly Confidential? Existing research was deemed not conclusive by the Institute for Womens Policy Research. ~ tamara. The Denver branding firm was out of compliance with a new state law requiring job listings to include salaries. Dollarwise, thats $34.62 an hour in Colorado as of May, compared with $31.95 in the U.S. How we know that the law is working is that there was some initial employer resistance to disclosing salary, Seligman said. And we have a staff of 1 people in (human resources).. 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. This Newsmaker has been deemed by this Newsroom as having a specialized knowledge of the subject covered in this article. Is the California Equal Pay Act new? Attorney Advertising. 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. All staff position descriptions are archived to OnBase centrally, so departments don't need to maintain those. David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. was signed into law by Colorado Governor Polis on May 22, 2019. Danielson said she and other advocates, which include The Womens Foundation of Colorado, have met with interested parties since spring to suss out their differences. Monigle paid the $8,000 fine and unwittingly became the first company to do so as part of the Colorado Equal Pay for Equal Work Act. The " Equal Pay for Equal Work Act " ( SB 19 . Nonetheless, it has proven wildly successful in ensuring equal pay, regardless of sex, of $0.00 per hour for Colorado job seekers. Now is the time to address equity in wages. Skip Navigation 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. 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. Similar wage-transparency laws have passed in eight states, including Connecticut, Maryland, Nevada and New York. Whats Working is a Colorado Sun column about surviving in todays economy. it was not until the federal "Equal Pay Act of 1963", 29 U.S.C. 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. Read the archive, ask a question at cosun.co/heyww and dont miss the next one by signing up at coloradosun.com/getww. Refer to the HR Staff Compensation page for information on compensation practices for staff. A new equal pay law in Colorado -- and the additional bureaucracy -- is costing the state's residents remote work opportunities. Just visit the Colorado General Assembly schedule and press the audio icon to listen. Today in 2023, because several other states have followed Colorados lead, about one in four workers nationwide now are covered by pay transparency laws.. Were very much aligned with the spirit of the act and the transparency. 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. There are so many bottomline benefits to transparency, especially in terms of attracting candidates and retaining talent. 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. Job content (not job titles) determines whether jobs are substantially equal. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . A. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. Personal employee emergencies? First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. The Equal Pay Act protects against pay discrimination on the basis of sex (or sex in combination with another protected status), prohibits employers from seeking salary history, and requires employers to disclose certain compensation and promotion . 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. 1 The Equal Pay Act (EPA) protects both men and women. A. Refer Senate Bill 19-085, as amended, to the Committee on Appropriations. sec. Some of the provisions are: Boulder campus Human Resources, University Counsel, Data Analytics and campus Executive Leadership are leading the review, analysis, and implementation in this area. Or find the bill of interest and check its upcoming schedule. Drop us a note at tips@coloradosun.com. We will monitor the developments in Colorado and provide updates as warranted, so you should ensure you are subscribed to Fisher Phillips Insight system to gather the most up-to-date information. The new Colorado Equal Pay for Equal Work Act (EPEW) and Equal Pay Transparency (EPT) rules have been garnering a lot of attention in recent weeks. The Colorado Department of Labor and Employment ("CDLE") has released new guidance on the Equal Pay for Equal Work Act ("EPEW"), taking a much harder line on Colorado employers whose remote job postings exclude Colorado applicants. Three were fined, including Lockheed Martin and Twitter. Those cases have not been publicly disclosed yet, but will be, according to the division. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. Colorados law really kicked off a conversation amongst employers, said Andrea Johnson, director of state policy and work initiatives at the National Womens Law Center. Has the law helped you as a job seeker or been a burden as an employer? The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 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? Workers have increased bargaining power as employers are desperate to fill openings. 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; In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008). U.S. economy grew slower News that the nations economy is still growing was a relief as talk of recession continued. You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. This includes supervisors and otherresponsible employeesrequired to report undercampus policy. The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. The Equal Pay Act (EPA) is a federal employment law that prohibits sex-based compensation discrimination and mandates that men and women in the same workplace doing substantially equal jobs be given equal pay. was signed into law by Colorado Governor Polis on May 22, 2019. Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act, Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Interpretive Notice and Formal Opinion #9, subscribed to Fisher Phillips Insight system. And its not always questions about Colorados law, but similar legislation in other states. All were violations. Three, including Monigle, were fined. Announcements for promotional opportunities must include the job title, means by which employees may apply, and compensation and benefits for the position. Colorado's Equal Pay for Equal Work Act creates no new legal protections for women in the workforce. June 29, 2021. Also read: COUNTERPOINT | 'Bad businesses need not hire here' Women still are paid less than men even though gains have been made over the years. Employers that violate the job posting requirements may be required to pay a fine of between $500 and $10,000 for each 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. The statute aligns more closely with the federal Equal Pay Act by carving out exceptions for permissible wage . Only 3 employers have been fined for violating Colorados new wage transparency law. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. . See Colo. Rev. Refer to the House or Senate Journal for additional information. The Wall Street Journal headlined its latest Bureau of Economic Analysis story succinctly: Growth was less than advertised, better than feared. The U.S. economy grew 2.9% in the fourth quarter, thanks to consumers spending more on health care, housing and utilities. 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? California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. The Act will go into effect on January 1, 2021. He is also a member of the Firm's Diversity and Inclusion Committee. She has experience with contract interpretation, negligence and assumption of risk, breaches of fiduciary duty, and burden of proof. More recently, the law has been in the news in connection with . Equal Pay Transparency Rules, 7 CCR 1103-13, Equal Pay for Equal Work Act C.R.S. Department Of Justice Introduces Voluntary Self-Disclosure Policy For All U.S. Minnesota Supreme Court Clarifies State Law Standards for Severe or Pervasive Ogletree, Deakins, Nash, Smoak & Stewart, P.C. US Executive Branch Update February 28, 2023. Will campus HR be looking to make sure that employees pay is at least at the minimum pay range? Phone: 303-318-8000, About UsStakeholdersWARN ListingsAccessibility StatementCareers at CDLEEqual OpportunityOpen RecordsPerformance Plans, Social Media Comment PolicySecurity StatementPrivacy PolicyLegal NoticesLinking Policy. Despite the Equal Pay Act of 1963, there are continuing reports of discrimination in the workplace. If employees have questions or concerns about their salaries, what should they do? How long do we need to keep job descriptions and salary history records? Danielson also is a main sponsor of the Job Application Fairness Act, which would stop employers from asking job seekers their age, birth date and high school or college graduation dates. Share with Whats Working by emailing tamara@coloradosun.com. 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.. J. Buckner, Rep. S. Gonzales-Gutierrez, Sen. J. Bridges, Sen. L. Court, Sen. K. Donovan, Sen. S. Fenberg, Sen. R. Fields, Sen. M. Foote, Sen. L. Garcia, Sen. J. Ginal, Sen. J. Gonzales, Sen. P. Lee, Sen. D. Moreno, Sen. R. Rodriguez, Sen. T. Story, Sen. N. Todd, Sen. A. Williams, Sen. F. Winter, Sen. R. ZenzingerRep. A. Colorado Equal Pay for Equal Work Act. In Colorado, theres also a rule that companies must share promotion opportunities with existing employees even if few are qualified. On January 1, 2021, as the Colorado Equal Pay for Equal Work Act and the Colorado Department of Labor's implementing rules go into effect, Colorado will usher in a new era of wage transparency and protections against wage discrimination by employers. According to state and U.S. data from the Bureau of Labor Statistics, Colorados average hourly wages grew 11.5% between January 2021 and May 2022, while U.S. wages grew 6.7%. In 2019, Colorado passed SB19-085 or the Equal Pay for Equal Work Act (EPEWA). An employer can be sued for changing the schedule (without) a two-week advance notice, Furman said. They lose the advantage of an asymmetry of information that employers often have, meaning we have a sense of what were going to pay and what our competitors are paying but were not going to disclose that to workers in the hopes that you can bargain down their wages or that theyll be able to sign someone up with a lowball offer, Seligman said. Strategies for Protecting Standard Essential Patents. Beginning January, employers in Colorado must (1) provide formal notice to Colorado employees of "promotional . 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. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. When Colorado's Equal Pay for Equal Work Act went into effect January 1, 2021, Andrea Johnson, director of state policy, workplace justice, and cross-cutting initiatives at National Women's Law Center, said it was met with excitement from employees and employers alike. Jones suggests auditing their own wages. As a news piece, this article cites verifiable, third-party sources which have all been thoroughly fact-checked and deemed credible by the Newsroom in accordance with the Civil Constitution. Providing for economic damages in the event of a violation, including liquidated damages. Due to the wide-ranging requirements and impacts of the . The law is designed to reduce the compensation gap that exists based on sex or gender identity, or sex or gender identity plus another protected status, between workers doing substantially similar work. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to email a link to a friend (Opens in new window), How Denver is spending the $41M from the Broncos sale, analysis of recent wage transparency studies. 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. Any person who has witnessed, suffered from, or been injured by a perceived violation can file a complaint for an alleged violation of the Act. >> Read, Electrification rebates Reporter Michael Booth rounds up how much cash consumers can get back from purchases of clean heat pumps, water heaters and more offered in Colorado. This article contains new, firsthand information uncovered by its reporter(s). Retaliating against an applicant who fails to disclose their wage history. 8-5-101 et seq., requires employers to include compensation in job postings, notify employees of promotional opportunities, and keep job description and wage rate records. 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 University of Northern Colorado is committed to providing an equitable and . "In too many fields, including IT, female workers are not compensated at levels equal to their male peers." New labor-related proposals have popped up just weeks into the new legislative session. 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). On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado's Equal Pay for Equal Work Act, which goes into effect January 1, 2021. Spot a job listing in violation of the Equal Pay law? The Colorado Anti-Discrimination Act and the newly enacted Equal Pay for Equal Work Act are steps in the right direction. Employers must post the compensation range and a general description of all employment benefits in their job postings. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Companies need to go beyond wage transparency if they really want to address pay equity. Become a Sun member at coloradosun.com/join, Tamara writes about businesses, technology and the local economy for The Colorado Sun. How is substantially similar work determined? "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. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Because a remote-based position could be performed within Colorado, disclosures are still required. The new law will allow individuals who think they're facing gender-based pay discrimination to sue their employers. This website requires javascript to run optimally on computers, mobile devices, and screen readers. Mr. Cloutiers practice focuses on all areas of labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients. Monigle is the rare employer that did not bring itself into compliance after the Division issued it a no-fines Warning & Order detailing where, when, and why its job postings violated the Act, read the department of labor notice to Monigle, dated Dec. 2, 2021. Federal and Colorado equal pay laws prohibit employers from discriminating against individuals by retaliation because they engaged in a protected activity. Contact her at cosun.com/heyww, Telling stories that matter in a dynamic, evolving state. A. Colorado Clarifies and Adopts Equal Pay Transparency Rules Colorado recently adopted final regulations under the Equal Pay for Equal Work Act. In this article been a burden as an employer can be sued changing... In violation of the subject covered in this article contains new, firsthand information uncovered by reporter... Knowledge of the subject covered in this article of between $ 500 and $ for! 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