Colorado Capitol Report

Colorado Department of Labor Releases Final Equal Pay Rule with Significant Changes

Colorado Department of Labor Releases Final Equal Pay Rule with Significant Changes

The Department of Labor & Employment, Division of Labor Standards, released its final Rule on the “Equal Pay for Equal Work” law which passed during the 2019 Legislative Session. In response to concerns raised by the Colorado Chamber and others on the draft rule, the Division made significant improvements to the final Rule which include but are not limited to:

  • Elimination of Section 4.3 which previously required employers to post positions outside of Colorado;
  • Significant Changes to Section 4.2 to include more flexibility and confidentiality language for employers on posting of promotional opportunities;
  • Changes to Section 4.1 to clarify that an employer can include a “general description” of bonuses and compensation in job postings;
  • Changes to Section 4.2 to include the removal of language allowing a complainant up to twelve months to file a complaint.

A copy of the redlined version of the final Rule is here.

BackgroundThe Equal Pay Rule as originally drafted by the Division prompted many concerns by Colorado Chamber members. In response, the staff collected feedback from its members and submitted formal comments to the Division.  Stacey Campbell, Chair of our Labor & Employment Council and Board member, testified at the rulemaking hearing held on November 2nd and effectively argued for changes to the proposed rule.

We are pleased with the improvements to this Rule and appreciate the feedback from Colorado Chamber members that contacted us in advance regarding this matter. Please contact Loren Furman at [email protected] or at 303-866-9642 with any questions/concerns.