Remote work and EPEWA cause further (unintentional) headaches

The Equal Pay for Equal Work Act (EPEWA), effective January 1, 2021, has given Colorado employers significant heartburn regarding its job posting and promotional opportunity notification requirements. The Colorado Department of Labor and Employment (CDLE) has recently revised its guidance on the Act to expand its reach further to workers of covered employers who could perform the work that is the subject of the job posting or promotion remotely or outside of the state. This new guidance could have a significant effect on Colorado employers with workforces that primarily work remotely, either within or outside the state.

EPEWA in a nutshell

As of January 1, 2021, employers with at least one employee in Colorado must provide certain information relating to job postings and "promotional opportunities." Generally speaking, if an employer elects to publish an available job posting, it must include information relating to the compensation rate, a general description of any bonuses, commissions or other compensation, and a general description of the benefits being offered with the position.