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Code of Colorado Regulations eDocket
Details of Tracking Number
2023-00677
CCR details
| Tracking Number |
2023-00677 |
| Type of Filing |
Permanent Rule |
| Department |
1100 Department of Labor and Employment |
| Agency |
1101 Division of Labor Standards and Statistics (Includes 1103 Series) |
| CCR Number |
7 CCR 1103-13 |
| CCR Title |
EQUAL PAY TRANSPARENCY RULES (“EPT RULES”) |
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Proposed rule
| Notice Filed with SOS |
09/29/2023 |
| Rule |
ProposedRuleAttach2023-00677.pdf |
| Additional Information |
AddInfoAttach2023-00677.pdf |
| Statutory Authority |
Articles 1 and 4-6 of C.R.S. Title 8, and all rules, regulations, investigations, and proceedings thereunder, by the Administrative Procedure Act, C.R.S. §§ 24-4-103 and 105, and provisions of the above-listed Articles, including but not limited to: C.R.S. §§ 8-1-101, -103, -107, -108, -111, -116, -117, -130; 8-4-111; 8-5-103, -201, -203; 8-6-102, -104, -105, -106, -108, -109, -111, -116, -117. |
| Description of Subjects/Issues |
Conforming the rules to recent legislation amending the pay, promotion, and job opportunity transparency requirements of the Equal Pay for Equal Work Act (SB 23-105), and other possible technical amendments. We strongly encourage reading the new first page of INFO #9 (our published guidance on the Act), which explains the recent legislation as well as the scope of this rulemaking. |
| Purpose/Objective of Rule |
The Equal Pay for Equal Work Act, S.B. 19-085 (the “2019 Act”), was enacted May 22, 2019, effective January 1, 2021. The Equal Pay Transparency Rules (“EPT Rules”) were promulgated in 2020, with the same effective date as the 2019 Act, to implement, interpret, and enforce the 2019 Act. Then the Ensure Equal Pay for Equal Work Act, S.B. 23-105, enacted on June 5, 2023 (the “2023 Amendments”), amended the 2019 Act in various respects. These rule amendments serve mainly to implement, interpret, and enforce the 2023 Amendments, as well as to continue to do so for the 2019 Act.
The 2023 Amendments modified definition of what opportunities must be posted to employees. The 2019 Act used the term “opportunities for promotion”; the 2023 Amendments instead use “job opportunity,” and codify three exceptions:
(1) “Career progression” promotions — “regular or automatic” promotion “based on time in ... role or other objective metrics” that an employee can satisfy, without competition —
(a) need not be disclosed for each individual employee;
(b) but employers must notify eligible employees of any position’s career progression requirements, as well as the pay, benefits, full-/part-time status, duties, and access to advancement.
(2) “Career development” promotions — which “reflect work performed or contributions already made” by one specific employee, without competition — need not be disclosed.
(3) At employers with no Colorado site, and under 15 remote staff in Colorado:
(a) in-person (non-remote) job opportunities need not be disclosed through July 1, 2029;
(b) but postings for such jobs still must disclose pay.
The 2023 Amendments also add new post-selection notice duties: 30 days after filling a job opportunity (but not a career development or progression), employers must notify those the hiree will regularly work with of: hiree name, title, (if any) prior title at the employer, and how and where to express interest in similar job opportunities. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00677.pdf
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| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
SB23-105
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| Hearing Date |
10/30/2023 |
| Hearing Time |
03:00 PM |
| Hearing Location |
(A) To Participate by Internet: meet.google.com/vmz-edgt-qvu (B) To Participate by Phone: (US) +1 252-424-0155‬‬‬, and then enter t |
| Contact Name |
Michael Primo |
| Contact Title |
Rule Coordinator |
| Contact Telephone |
3033188462 |
| Contact email |
michael.primo@state.co.us |
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Adopted rule
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