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SB 23-105 – Equal Pay Transparency Amendments

Effective: January 1, 2024
https://leg.colorado.gov/sites/default/files/2023a_105_signed.pdf

Colorado amended the Equal Pay for Equal Work Act to increase transparency in pay, postings, and promotions. This includes expanded requirements for any role that could be performed by a Colorado-based or remote worker.

Job Posting Requirements:

• Include pay range (hourly or salary)
• List all benefits (health, dental, vision, retirement, PTO, etc.)
• Mention any bonuses, commissions, or incentives
• Include an application deadline
• Applies to any job accessible to Colorado workers, including fully remote roles

Promotion Notices – Staffing Firm-Specific Exemptions:

• Staffing firms are exempt from internal promotion posting if the role is temporary and requires immediate fill—which applies to most placements.
• If a position is not temporary or urgent, it must be posted internally
• Posting on your agency’s website suffices for internal promotion notice, per legal guidance shared with CSA members

Recordkeeping Requirements:

• Maintain job descriptions for placed workers
• Document wage decisions and promotion history
• Retain records for at least 2 years after the worker’s departure
•  Impact for Staffing Agencies:
  Most of your temp jobs will qualify for exemption, but remote or long-term roles may not. Ensure all postings are updated with required disclosures and review your workflows for compliance. Missteps could result in extended liability, as the back-pay period for discrimination claims was increased from 3 to 6 years.