Colorado has enacted legislation (Senate Bill 23-105), which amends the state’s rules for pay and opportunity transparency in internal and external job postings. The law takes effect January 1, 2024.
The Details
Here is a summary of the changes made by Senate Bill 23-105.
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Existing Law
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Effective January 1, 2024
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Employers must make reasonable efforts to announce, post or otherwise make known all opportunities for promotion to all current employees on the same day and prior to making a promotion decision.
In all job postings, employers must disclose the pay rate or pay range and a general description of benefits for the position.
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Employers must make reasonable efforts to announce, post or otherwise make known each job opportunity to all employees on the same day and prior to the date on which the employer makes a selection decision.
However, if an employer is only physically located outside of Colorado and has fewer than 15 employees working in Colorado, all of whom work remotely, then through July 1, 2029, the employer is only required to provide notice of remote job opportunities.
An employer must in good faith disclose the following in the notification of each job opportunity:
- The hourly or salary compensation or range of the hourly or salary pay.
- A general description of benefits and other compensation applicable to the job opportunity.
- The date the application window is expected to close.
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No applicable provision
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Employers must make reasonable efforts to announce, post or otherwise make known, within 30 calendar days after a candidate who is selected to fill a job opportunity begins working, the following information to, at a minimum, the employees with whom the selected candidate is expected to work regularly:
- The name of the selected candidate;
- The selected candidate’s former job title, if hired from within the company;
- The selected candidate’s new job title;and
- Information on how employees may express interest in similar future opportunities, including identification of contacts to reach out to for more information.
The law doesn’t require identification of the selected candidate in any manner that would violate their privacy rights or would place their health or safety at risk.
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A “job opportunity” is defined as a current or anticipated vacancy for which the employer is considering candidates or interviewing candidates, or that the employer externally posts.
The definition of “job opportunity” excludes:
- “Career progression,” which is defined as a regular or automatic movement from one position to another based on time in a specific role or other objective metrics. Note that employers with career progression are subject to certain notice requirements. See the text of the law for details.
- “Career development,” which is defined as a change to an employee’s terms of compensation, benefits, full-time or part-time status, duties, or access to further advancement in order to update the employee’s job title or to compensate the employee to reflect work performed or contributions already made by the employee.
Next Steps
- Ensure compliance with the changes made by Senate Bill 23-105 by January 1, 2024.
- Train anyone involved in the hiring process on the new requirements.
Please contact your dedicated service professional with any questions.