| Compliance reminder: Equal Pay for Equal Work Act |
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| Written by Colorado Green NOW |
| Tuesday, November 10, 2020 05:00 AM |
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On January 1, 2021, Colorado’s Equal Pay for Equal Work law takes effect. You might think, “my company does not discriminate, so we’re in compliance.” But there are record-keeping requirements and other provisions of the law that should prompt your company to review processes in order to ensure compliance in the new year. Under the law, wage discrimination based on sex is prohibited, and those who issue complaints may bring civil lawsuits against an employer for such discrimination. But the law includes additional prohibitions and requirements for employers. Those include (but are not limited to): The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings.
This has been interpreted by many to mean that job openings must be communicated to all current employees at the same time. A pay range must be provided for the opening.
The act prohibits employers from seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment.
Requiring salary history, using salary history to determine a salary offer, or discriminating against candidates who do not provide a salary history are also prohibited.
Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends.
Is your company in compliance with this provision? If you are unsure, now is the time to conduct an audit of your employment records and include job descriptions and wage/salary histories. Be sure to include any employees whose tenure with your company has ended within the past two years.
This article does not constitute legal advice and should not be taken as such. To be sure that your business is in compliance with current employment laws, it is always recommended that you consult with a lawyer specializing in employment and related issues. Read more in this issue of Colorado Green NOW: |
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