The Colorado Department of Labor and Employment (CDLE) has updated its guidance on the state’s controversial Equal Pay for Equal Work Act (EPFEWA) that went into effect on January 1, 2021, to clarify that a compliance option that some employers have been considering is not permitted. The EPFEWA, among other things, requires a covered employer to include compensation and benefits information in job postings and to post all promotion opportunities that could affect Colorado employees.
Many covered employers have indicated that they would avoid the compensation posting requirement for remote jobs by making it clear in the job posting that they would not consider Colorado residents for the remote position. In its updated “Interpretive Notice and Formal Opinion #9,” or “INFO #9,” however, the CDLE states that this practice is not permitted, specifying that “a remote job posting, even if it states that the employer will not accept Colorado applicants, remains covered by the Act’s transparency requirements” unless the work is tied to a non-Colorado worksite.
Members of the Center for Workplace Compliance (CWC) can read more here.