Colorado Clarifies And Adopts Equal Pay Transparency Rules

The Colorado Department of Labor and Employment adopted final regulations regarding equal pay transparency under the state's Equal Pay for Equal Work Act (EPEWA) on November 10, 2020. The earlier proposed regulations requiring compensation and promotion postings, which we discussed here, were largely adopted with a few key revisions:

• Geographic Limits: Most notably, the regulations no longer include the prior proposed language of Section 4.3, the controversial provision that required multistate employers with just one Colorado employee to meet the posting and equal pay transparency requirements for every position across the country for which a Colorado employee might apply. Section 4.3 now says that promotion posting requirements do not apply to employees entirely outside of Colorado, and the compensation posting requirements do not apply to either jobs to be performed entirely outside Colorado or postings entirely outside Colorado.