The EEPEWA, which was signed into law on June 5, 2023 and will go into effect on January 1, 2024, expands the Equal Pay for Equal Work Act (effective January 1, 2021), which imposed equal pay requirements and required employers to disclose salary ranges and employee benefits in job postings. It further required disclosing promotional opportunities to their employees.
We have become accustomed to (I hope, if not, read on) including the salary range and a brief description of benefits in ALL of our Colorado job postings, and sending that job posting internally to all current employees to ensure they are aware of the opportunity on that same day it is posted externally (limited exceptions apply, for instance, if someone is getting terminated and hasn’t yet gotten “the news”).
Effective January 1, 2024, the EEPEWA The EEPEWA also imposes new disclosure requirements for “job opportunities,” and in addition to the current requirements, mandates that employers include “the date the application window is anticipated to close.” We can assume that “once I find someone” will not “count”.
Also, within 30 days of selecting a candidate for a job opportunity, the EEPEWA requires the employer to make reasonable efforts internally to disclose certain information about the selected candidate—at a minimum, informing employees who will work with the new hire. This includes (a) the candidate’s name, (b) their former job title (if the candidate was an internal hire), (c) their new job title, and (d) information on how employees can express interest in similar job opportunities in the future, unless it would violate the candidate’s privacy rights under other relevant laws or pose a risk to their health and safety.
For positions with “career progression,” the EEPEWA requires employers to make available to “eligible employees” information about the requirements for such progression, in addition to information about each position’s compensation, benefits, full-time or part-time status, responsibilities, and further advancement.
Under the EEPEWA, the CDLE has indicated that individuals bringing sex-based wage discrimination claims may seek back pay going back twice as long as they could previously: up to six years instead of three.
Call or email InTANDEM HR if you are a current or prospective client, and this hurts your head, and you want your head to stop hurting.