Colorado Amends Job Posting Notice Requirements Under Equal Pay For Equal Work Act

On June 5, 2023, Colorado Governor Jared Polis signed the Ensure Equal Pay for Equal Work Act (the "Amended Act") amending the Equal Pay for Equal Work Act.

The Equal Pay for Equal Work Act, which took effect on January 1, 2021, requires employers to make reasonable efforts to provide covered employees with certain notice prior to making a hiring or promotional decision. The Amended Act clarifies and updates these obligations, with changes taking effect on January 1, 2024.

Narrowed Notice Requirement for Out of State Employers

Of significance to employers who do not have a physical place of operations in Colorado, the Amended Act provides that, through July 1, 2029, employers whose physical locations are all based outside the state of Colorado and that have fewer than 15 remote employees working in Colorado need only provide such employees notice of "remote job opportunities" (with the term "job opportunities" as defined below).