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. Denver, CO 80202-3660 Friday Development: New Sanctions and Export Controls to Address Weekly IRS Roundup February 20 February 24, 2023, Everything to Know About Unbundled Legal Services. Telephone and Texting Compliance News: Regulatory Update February 2023. Stat. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. In 2019, Colorado passed the Equal Pay for Equal Work Act, which took effect on Jan. 1, 2021. Reminder: High-Earning Exempt Professionals Must Be Paid a "True Gold Dome Report Legislative Day 24 (2023). And we have a staff of 1 people in (human resources).. Interested in how the sausage is made? Employers operating, even on a limited basis, in Colorado should be aware of Colorado's recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency. Administrative and Research Center, East Campus Here's what employers need to know. Effective January 1, 2021, Part 2 of the Equal Pay for Equal Work Act, C.R.S. 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. >> 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. 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. Colorado's Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment issued proposed regulations on September 29, 2020, regarding equal pay transparency. Telling stories that matter in a dynamic, evolving state. But they are trying to figure out how much the prospective worker will accept. This means increasing pay transparency, disrupting occupational segregation, eliminating discrimination, increasing access to paid leave, child and elder care, and adding good jobs and women in those jobs to build the economy we all need to thrive. Equal Pay for Equal Work Act, Part 2 Complaint Form. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. Being the employer trying to navigate how you can be in compliance with what is expected of you has been a particularly burdensome challenge.. More by Tamara Chuang, Got a story tip? NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 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. The promotion announcement requirements do not apply to employeesentirelyoutside Colorado. The Act requires employers to include the hourly rate or salary compensation (or a range thereof) the employer is offering for the position. But other less-publicized elements of the law created confusion or extra work for companies. 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. >> Read, Why energy bills shot up 52% Thats how much the average Xcel Energy utility bill rose in December from a year ago, said a Colorado Public Utility Commission economist in a story by Sun reporters Joshua Perry and Mark Jaffe. The University of Northern Colorado is committed to providing an equitable and . The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. And if pay ranges arent honest, that doesnt truly help pay equity. 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. Colorado's Equal Pay for Equal Work Act creates no new legal protections for women in the workforce. 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. 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. 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.. 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. Ethan Brooks. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. >> Read, Thanks for sticking with me for this weeks report. And not having knowledge of the true top hurts women and people of color who havent been in the room before and prevents them from getting to pay equity in the first place, Jones said. 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. The new law will allow individuals who think they're facing gender-based pay discrimination to sue their employers. 8-5-101 et seq .) David Seligman, who supported the new law as executive director of Towards Justice, said theres evidence that wage transparency is working in Colorado. 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. The main provisions of the EPEWA are summarized below. In other words, you now need to adjust your practices and policies to ensure compliance with the Act as it will be the law of the land for the foreseeable future. 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. Because a remote-based position could be performed within Colorado, disclosures are still required. 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. An employer may include a hyperlink to compensation and benefits information. Connecticut, Maryland, Nevada and Rhode Island have implemented laws similar to Colorado but they dont require salaries to be listed. The majority complied after a warning. She also writes the "What's Working" column, available as a free newsletter at coloradosun.com/getww. Several other states, including Massachusetts, Pennsylvania and South Carolina are considering legislation, according to the National Conference of State Legislators. May 28, 2019. The rules do not elaborate on what a general description entails. 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. Nov'22- Dec'22: 8,600 Please click onYou mustloginto view this format the top of the web form page. You. The same bill created an unemployment fund for the undocumented workers who arent eligible for benefits even though their employers pay for it. However, the legislative history provides some guidance in this respect, as it appears that the Public Comment criticized the non-final version of these rules, noting the specific value of incentive compensation like commissions and bonuses are often unknown when a position is posted. The law makes exceptions for pay based on merit, seniority or commission. Job content (not job titles) determines whether jobs are substantially equal. A lawsuit challenging the constitutionality of the laws compensation and promotional postings requirements was filed against the Department in Colorado federal court soon after it was enacted. Drop us a note at tips@coloradosun.com. 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. *Note: The form requires you to sign-in using your IndentiKey. The clear winner in the latest Whats Working poll about what new laws we need was None. 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. Copyright 2023, Sheppard Mullin Richter & Hampton LLP. 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. 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. The Act does not place any restrictions on the hiring process or who is hired. Will the U.S. Supreme Court Make Marijuana Legal? FMLA Developments Regarding Telework and Retaliation Claims You Should Know About. Employees can recover back wages, liquidated damages and attorneys' fees . Lots of states are following suit.. 5 min read. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim. Employee is defined as a person employed by an employer. The Division of Labor Standards and Statistics engages in periodic rulemaking on labor law and policy for the State of Colorado. A draft shared with The Colorado Sun attempts to clarify the difference between career progression for existing workers versus a job opportunity. The latter means a current or anticipated vacancy that needs to be filled. IT'S HAPPENING! An employer ultimately may pay more or less than the posted range. Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). But, the analysis found, these laws do not necessarily increase womens earnings. 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%. >> 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. And workers who do respond to last-minute schedule changes would receive a predictability pay bonus. While in law schoolserved as an intern in the Office of Congressman Mike McIntyre and as a law clerk in the Cook County Office of the Public Defender. This article contains new, firsthand information uncovered by its reporter(s). Become a Sun member at coloradosun.com/join, Tamara writes about businesses, technology and the local economy for The Colorado Sun. of the EPEWA may file a complaint with the Colorado Department of Labor and Employment or file a private civil lawsuit. Supporters of Colorados pay-transparency law eye protections for workers blackballed by national employers, Whats Working: Colorado asks how much does that job pay? 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. So more work to be done on this bill. was signed into law by Colorado Governor Polis on May 22, 2019. The Denver branding firm was out of compliance with a new state law requiring job listings to include salaries. 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. 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. Employers must make reasonable efforts to announce promotional opportunities to all Colorado employees prior to making a promotion decision. 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. But that was slower than the third quarters 3.2% growth. But job postings made in October and December still violated the law, according to the agency letter. Refer to the House or Senate Journal for additional information. 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. Effective Date: January 1, 2021; Some attornies call this the strictest of Equal Pay laws in the U.S. Impact on Job Descriptions. 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. The company had responded to the violations, worked with agency officials and even got the initial fines reduced, she said. 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. Now is the time to address equity in wages. How much does the job pay? is no longer much of a mystery for job seekers in Colorado, thanks to a state law passed in 2019 and enacted two years later. If they notice in their pay audits that a Hispanic female business analyst at one level is paid less than a male business analyst at a lower level, that should trigger an alert that somethings not quite right, she said. An employee includes any person employed by an employer covered by the Act. INFO #9: Equal Pay for Equal Work Act, Part 2: Pay and Promotion Transparency(the Division's comprehensive guidance on applying and interpreting the Act), Equal Pay for Equal Work Fact Sheet - Short Fact Sheet. 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. Companies need to go beyond wage transparency if they really want to address pay equity. Should they be? The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. Boulder campus Human Resources, University Counsel, Data Analytics and campus Executive Leadership are leading the review, analysis, and implementation in this area. How long do we need to keep job descriptions and salary history records? 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. 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. Now be transparent about that. Just visit the Colorado General Assembly schedule and press the audio icon to listen. Despite the presence of federal legislation, which has been mostly bark but no bite, recent studies continue to show a significant gender pay gap. 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. A member of Human Resources will generally respond within 2 business days. The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside . While the agency was more lenient last year as the law went into effect, the state has notified more than 200 companies about violations and is now issuing fines. 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. Skip Navigation We have reviewed all of the detailed legal rules and guidance to develop a list of the top 12 things employers need to know about the Act. From the workers perspective though, having extra knowledge of what a job actually will pay creates a starting point that helps workers in the long run, even if its not an instant fix for the wage gap, said Michelle Jones, president of BPT Staffing in Centennial, which places IT workers of color. And its not always questions about Colorados law, but similar legislation in other states. Who is leading this effort for the Boulder campus? If you would ike to contact us via email please click here. The Equal Pay for Equal Work Act (C.R.S. 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. He is also a member of the Firm's Diversity and Inclusion Committee. Equal Pay. And while some initial hurdles have been worked out, the ultimate effect on the gender wage gap remains to be seen. Today in 2023, because several other states have followed Colorados lead, about one in four workers nationwide now are covered by pay transparency laws.. Maybe theyre not performing. A promotional opportunity includes any promotion in compensation, benefits, status, duties, or access to further advancement. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. CU Boulder, along with each campus and system office of the University of Colorado, is evaluating the requirements of the new law and reviewing existing policies and pay practices for alignment. 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. National: 3.5%, Colorado Job Growth (SA) Senate Bill 85, called the "Equal Pay For Equal Work Act," was signed by Polis on Wednesday. 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. 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. . 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. You should attach any evidence you have of the alleged violation. As such, disclosure is not required where a job is performed in-person, in a geographic area outside of Colorado. Whats Working is a Colorado Sun column about surviving in todays economy. For research positions, substantially similar work may also include the responsibilities required by a specific grant or project. Or find the bill of interest and check its upcoming schedule. Workers have increased bargaining power as employers are desperate to fill openings. As a result, state and local . All of those opportunities need to be posted. 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. Equal Pay Laws. 303-492-6475 As it grew last year, no one at Monigle Associates was paying close attention to emails from the Colorado Department of Labor and Employment. If you believe that the employer has violated the Act, you may file a complaint by filling out the Equal Pay for Equal Work Act, Part 2 Complaint Form. Hiring managers should work closely with campus HR throughout the recruiting and hiring process. Some recent settlements include: 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. (Note: This summary applies to this bill as enacted.). Retaliating against an applicant who fails to disclose their wage history. The former is a promotion as part of that type of job. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. Aaron Batilo, the Commerce City engineer who set up ColoradoExcluded.com to crowdsource violations, said he received between 600 to 700 job listings across 200 companies, but theres not much activity anymore. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. SpotOn Transact LLC, $34,500 (not yet due), Advanced Circuits Inc., $2,000 (waived after coming into compliance). ADVANCED! The states Equal Pay for Equal Work law influenced new laws in other states. That is now a violation of the law.. >> File a complaint, Whats your wage transparency story? If you believe your employer has discriminated against you on the basis of sex, contact us at info@mselaborlaw.com or 202-833-8855. When introduced four years ago, Colorado's Equal Pay law sought to equalize pay for substantially similar work. You request such information from us who arent eligible for benefits even though their employers Pay for it 3.2 growth. A new state law requiring job listings to include salaries been worked,... Had responded to the House or Senate Journal for additional information who to. Hiring process or who is leading this effort for the Boulder campus Texting Compliance News: Update... 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