Final Rules for Equal Pay Transparency Amendments to Colorado’s Equal Pay Law

As a reminder, Colorado has modified its Equal Pay For Equal Work Act through the passing of Senate Bill (SB) 23-105. Under the amended law, employers will be required to, among other things, make reasonable efforts to communicate each job opportunity to employees; disclose the anticipated closing date of the application window in job opportunity notifications, in addition to salary compensation details and benefits; communicate specific information about selected candidates to employees who will work with them; and disclose requirements for career progression.

The state recently passed final rules implementing the amended law’s new requirements. The final rules clarify certain aspects of the law, such as that the job opportunity, post-selection, and career progression notice requirements do not require notice to employees entirely outside Colorado. The same is true of the compensation and benefits disclosure requirements, which do not apply to postings (1) for jobs to be performed entirely outside Colorado, or (2) physically located entirely outside Colorado.

The amended law and final rules are effective on January 1, 2024.