Colorado’s New Equal Pay Act: What Employers Need To Know
Q. Do employers have to announce promotional
opportunities in all states, or just opportunities based
A. The Act and the CDLE final rules do not
provide any geographic limitation on promotional
opportunities that must be announced; employers
should announce promotional opportunities in all
states to Colorado-based employees.
Q. Does a promotional opportunity have to include
a pay raise, or does an increase in responsibilities
A. A promotional opportunity includes any promotion
in compensation, benefits, status, duties, or access to
Q. Do all promotion opportunities have to be
announced, or just those that would constitute a
promotion for the Colorado-based employees?
A. According to the CDLE final rules, a promotional
opportunity exists when the employer has or
anticipates a vacancy in an existing or new
position that could be considered a promotion for
one or more employee(s). An “employee” includes
any person employed by an employer covered
by the Act. Therefore, if any vacancy arises that
could be considered a promotion for any person
employed by the employer, the employer must
make reasonable efforts to announce it to all
This article originally appeared here.
Kevin Cloutier is a Partner in the Labor
and Employment and Business Trials
Practice Groups and Leader of the
Sheppard, Mullin, Richter & Hampton
LLP’s Non-Compete and Trade Secrets
Team. He acts as the hiring partner
for the firm’s Chicago office and is a
member of the Diversity and Inclusion
and Compensation Committees.
Elizabeth M. Rowe is an Associate in
the Labor and Employment Practice
Group at of the Sheppard, Mullin,
Richter & Hampton LLP.
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