by Colorado has amended its job posting requirements for all employers and has eased at least one compliance challenge for out-of-state employers with only remote employees.
Back in 2019, Colorado enacted the Equal Pay for Equal Work Act to protect against pay discrimination based on sex. The law also prohibited employers from seeking salary history and required employers to disclose compensation information in job postings. The law, which was effective January 1, 2021, covered any employer with at least one employee in Colorado.
One of the challenges faced by out of state employers with one or more employees working remotely in Colorado was meeting the requirements for posting jobs (including promotional opportunities) that could be performed by a Colorado candidate or employee. The state’s rules required that the posting include the wage rate or range of compensation for the position; a general description of any bonuses or other forms of compensation; and a general description of all employment benefits.
This year the law was amended to change some requirements for all employers and to clarify the law’s job notice requirements for employers with only remote employees in the state. Effective January 1, 2024:
- Notice of job opportunities must include the date the application window is anticipated to close.
- Employers are no longer required to internally post career progression and career development opportunities.
- Employers physically located outside of Colorado with fewer than 15 employees working remotely in the state no longer need to disclose in-person (i.e., nonremote) job opportunities to its Colorado employees.
For more information on the changes to Colorado’s employment laws, see the Colorado Department of Labor and Employment website, https://cdle.colorado.gov/dlss.
