Colorado's new Equal Pay for Equal Work Act applies to out-of-state employers

Q         Our company is headquartered outside of Colorado but has branch offices within the state. Are we required to comply with the Equal Pay for Equal Work Act’s (EPEWA) equal pay, job posting, and record keeping requirements?

A   Yes, with respect to your Colorado-based employees. The EPEWA imposes various rules pertaining to “employers” and “employees”—as those terms are defined in the Act. It defines “employers” in pertinent part to include “every person employing a person in the state.” As a result, the location of your headquarters doesn’t affect your obligation to comply with relevant provisions of the EPEWA, and you will instead be required to comply in all relevant respects as long as you employ “employees” in Colorado who are subject to the Act’s strictures. (The Act defines “employee,” in turn, simply to mean “a person employed by an employer.”)

Additionally, if you advertise nationally for remote job openings that may ultimately be performed in Colorado (e.g., if you advertise for remote openings but don’t know where the work will ultimately be performed), you should also comply with the Act’s job posting requirements in case a Colorado-based employee applies for the job.

Steven Gutierrez is a partner in Holland & Hart LLP’s labor and employment practice group. Steven practices out of the firm’s Denver, Colorado, office and may be reached at sgutierrez@hollandhart.com.