Parsing Colorado’s New Equal Pay Transparency Rules

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The final rules explicitly exclude benefits “in the form of minor perks” from the posting requirement, but does not elaborate or provide examples. It is unlikely that the state would have jurisdiction over such organizations sufficient to enforce these provisions, but they would be wise to seek the advice of legal counsel on that point. The required notices must be “in writing” and must include at least: • Compensation and benefits information if applicable (discussed above); and • How employees can apply for the position. The law is clearly intended to push employers to opt for broader solutions that incorporate internal and external transparency regarding pay and benefits for particular positions (typically considered confidential due to business competition concerns, among others) and internal advertising of open positions across the entire organization. Whether that starts from the time CDLE determines a violation, or whether the fines can be retroactive (potentially as far back as the implementation date) is unclear.

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