Happy Friday Colorado Employers: The Colorado Department of Labor and Employment recently issued an Interpretive Notice & Formal Opinion (INFO) regarding the Colorado Transparency in Pay and Job Opportunities law.

While the INFO does not have the force of law, it does provide key insight into how the administrative agency tasked with enforcing this law will approach such enforcement. Among other things, INFO takes the position that:

  • If an employer has one+ employees in Colorado, the CO Transparency Law applies to all employees of that employer (and a covered employer’s remote job posting is covered, even if it says Coloradans won’t be considered)
  • Required disclosures must be in the notification of each job opportunity, including internal and external notices of availability of any specific job.
  • All notices and postings must include the compensation and benefits to be offered and how and when to apply.
  • Compensation may be reported as a salary range and a general description of other compensation, such as bonuses. A range is compliant if it spans the lowest to highest the employer actually believes it may offer for the specific job
  • Benefits described must include health care, retirement, paid days off, and any tax-reportable benefits — but not minor perks. Employers can’t use open-ended phrases like “etc.,” rather than provide a general description
  • Linking rather than listing the required information is permitted.
  • All employees must receive notice of each job opportunity —employers can’t limit notice to only certain jobs or employees based on who may be interested or qualified. Employers need not notify non-Colorado employees of job opportunities.
  • “Considering” filling a vacancy triggers notice duties whether the employer is considering multiple candidates (through applications) or just one person (e.g., a promotion). Notice obligations do not apply to:
    • non-competitive promotion (regular “career progression”),
    • acting, interim, or temporary positions,
    • confidential replacements of current employees unaware of their separation; or
    • remote jobs for employers with no site, and under 15 staff, in Colorado (but disclosure requirements when posting for such a position still apply).
  • After a candidate is hired, the employer must provide notice to all employees whom the employer intends a selected candidate to work with regularly within 30 days of the hire. The notice must contain the name of the candidate selected for the job opportunity; their former job title if a current employee; their new job title; and information on how employees may demonstrate interest in similar future opportunities.