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? Not surprisingly, the Act has led to a number of questions for employers. But the so-called Equal Pay for Equal Work Act could be making it harder for Colorado residentsregardless of genderto find jobs. Drop us a note at tips@coloradosun.com. ADVANCED! If you do not have evidence, you should describe the alleged violation. Promotional Posting Requirements This page has timelines for upcoming rulemaking, copies of current and previous rules, recordings and transcripts from previous rulemaking, and comments received. 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. In other words, he added, employers already have a sense of what theyre willing to pay and how much their competitors do. Administrative and Research Center, East Campus Employer is defined as the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state. This includes supervisors and otherresponsible employeesrequired to report undercampus policy. Denver, CO 80202-3660 A promotional opportunity includes any promotion in compensation, benefits, status, duties, or access to further advancement. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Today in 2023, because several other states have followed Colorados lead, about one in four workers nationwide now are covered by pay transparency laws.. And while some initial hurdles have been worked out, the ultimate effect on the gender wage gap remains to be seen. 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 [] But theres still plenty of confusion. David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. The state labor department also hired a temp worker last year to investigate complaints against companies that had purposely excluded Colorado applicants. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. The median annual pay of full-time working women was only 80 cents for each dollar a man working full-time earned in 2016. Employers must make reasonable efforts to announce promotional opportunities to all Colorado employees prior to making a promotion decision. And its not always questions about Colorados law, but similar legislation in other states. All were violations. Two of the top three in Colorado Liberty Latin America and Qurate Retail, where CEO-to-worker pay ratios are 1,055 to 1 and 686 to 1, respectively are linked to retired cable TV mogul John Malone. The Equal Pay for Equal Work Act (C.R.S. The promotion announcement requirements do not apply to employeesentirelyoutside Colorado. In an apparent response to employers who have excluded Colorado residents from their applicant pools since the CEPEWA took effect on January 1, 2021, Revised INFO #9 also provides: "Thus, a remote job posting, even if it states that the employer will not accept Colorado applicants, remains covered by the Act's transparency requirements: the . Share with Whats Working by emailing tamara@coloradosun.com. Several other states, including Massachusetts, Pennsylvania and South Carolina are considering legislation, according to the National Conference of State Legislators. EPEWA went into effect January 1, 2021. Refer to the HR Staff Compensation page for information on compensation practices for staff. 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%. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. It became effective on January 1, 2021, and applies to all employers in the state. for Equal Work Act (the "Act"), Colorado Revised Statutes ("C.R.S."), Title 8, Article 5, Part 2 . 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. 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. The Equal Pay for Equal Work Act ("EPEWA") aims to "help close the pay gap in Colorado and ensure that employees with similar job duties are paid the same wage rate regardless of sex, or sex plus another protected status." The University of Northern Colorado is committed to providing an equitable and . Do Issuers Fail To File Form Ds Because They Fear Trolls? Similar wage-transparency laws have passed in eight states, including Connecticut, Maryland, Nevada and New York. 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. December 21, 2020. 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. 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. 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. Got a story tip? This bill aims to clear some of those things up. If employees have questions or concerns about their salaries, what should they do? Become a Sun member at coloradosun.com/join, Tamara writes about businesses, technology and the local economy for The Colorado Sun. 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. The office that oversees it, the Division of Labor Standards and Statistics, received 631 complaints about violations, which included posts that shared no wages, didnt include a description of benefits or offered too wide of a range (ranges must have a specific bottom and top amount). The nature of the workthe skills, effort, responsibilities, and working conditionsrather than the job title determines whether the jobs will be considered substantially equal. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. Its been scheduled for a committee meeting on Feb. 16. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Or find the bill of interest and check its upcoming schedule. The state wound up issuing citations for just four companies in 2022. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. Salary history records will be maintained through HCM and central payroll records. All Rights Reserved. Other states have followed suit in recent months, including California, Washington and soon, New York. Copyright 2023, Sheppard Mullin Richter & Hampton LLP. California Equal Pay Act (Labor Code section 1197.5) and Labor Code section 432.3 California Equal Pay Act: Frequently Asked Questions 1. *Note: The form requires you to sign-in using your IndentiKey. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. Its almost better to give that person a shot to go somewhere else to make a higher salary than to knowingly keep them on staff and pay other people 30% more for the same exact work.. Equal Pay Laws. 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. June 29, 2021. An employee includes any person employed by an employer covered by the Act. But it wasnt perfect, apparently. Please click onYou mustloginto view this format the top of the web form page. 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. They need to look at where the really big gaps are and ask why is that there? No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. 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