Think you’re avoiding Colorado’s new posting-notice requirements by adding a disclaimer that Coloradoans aren’t eligible? Think again, CDLE warns it’s going to start cracking down.

In its most recent email newsletter, dated 7/23/2021, the CDLE warned it is going to start cracking down on employers who are trying to avoid Colorado’s new equal-pay posting and notice requirements by declaring Coloradoans ineligible for the position. Such a disclaimer does not evade the new law’s reach.

Equal Pay Transparency – Duty to Disclose Pay in Job Postings Includes All Remote Jobs

Colorado’s Equal Pay for Equal Work Act aims to improve pay equity by improving pay transparency and therefore, requires pay disclosure in all job postings. Recently, numerous complaints cite employers posting remote jobs that lack pay disclosure and exclude Coloradans. In hopes of heading off formal investigations, the Division of Labor Standards and Statistics is undertaking individual outreach to these employers and the broad employer population to clarify: Remote jobs are covered by the Act’s pay disclosure requirement, regardless of an employer’s intent not to hire Coloradans. 

The Act requires that any employer with any Colorado staff “shall disclose compensation in each posting for each job” — unambiguous language with no exception for remote jobs. The sole relevant exception is a narrow, implied one: Jobs performable only at out-of-state sites (e.g., restaurant waitstaff) may be beyond the reach of Colorado law. But employers with Colorado staff who post remote work performable anywhere are not beyond the reach of Colorado law, and excluding Coloradans is not a description of where remote work is performable, it is a preference among applicants.

Labor law requirements are mandatory — not optional based on employer preference  — so excluding Coloradans does not eliminate pay disclosure duties. The Division’s outreach also aims to stress that pay disclosure can be implemented flexibly, often with little change to existing practices. For example, compliant job postings do not need any special format, can include very brief compensation information, and can list a flexible pay range. Additional compliance guidance is available at ColoradoLaborLaw.gov, which also details contact information to ask the Division individualized questions.

For more information, you can also view the Division’s webinar and related Q&As on this topic: Q&A from 7.2.2021 and Q&A from 7.13.2021.