New CO guidance concerning paid sick leave and job posting requirements

It's a brave new world for Colorado employers. The state now requires paid sick leave for employees, and it established unique requirements for job postings and promotional opportunities. In December, the Colorado Department of Labor and Employment (CDLE) amended its rules and issued new guidance with respect to the laws. The amended rules and guidance provide important information for all employers about how the CDLE interprets and will enforce the new laws.

Equal Pay for Equal Work Act (EPEWA)

The EPEWA became effective January 1, 2021. Among other things, it requires employers to pay men and women equally for the same or substantially similar work, subject to limited exceptions. The EPEWA also contains significant requirements with respect to job postings and promotional opportunities:

• Job postings must contain salary and benefits information; and
• Promotional opportunities must be announced to all Colorado employees on the same calendar day and before the decision is made.

In December, the CDLE issued Interpretive Notice and Formal Opinion (INFO) #9, which provided additional guidance on job postings and promotional opportunities.

Job postings. INFO #9 clarified that if a 2020 job posting extends past January 1, 2021, the CDLE won't consider it to be subject to the EPEWA requirements it remains posted on or after February 1, 2021.