DENVER — Under a state law that went into effect at the beginning of the year, businesses that employ just one Coloradan -- even remotely -- are required to post salary ranges for job postings.
That is true for out-of-state employers, as well. Even so, not every employer has gotten on board. 9Wants to Know reported in May that a handful of companies would not hire Coloradans for remote work because of the the Equal Pay for Equal Work Act, but the Colorado Dept. of Labor and Employment (CDLE) determined companies are not allowed to opt out of labor laws.
Since, CDLE has been made aware of more companies dodging the law, though they do not believe the intention is always nefarious.
“In the summer, when we all learned that there were these postings for remote jobs that excluded Coloradans, we saw it as the growing pains of a new law,” Scott Moss, the director of division of labor standards and statistics at CDLE, said. “At the time, we were in the first few months of a very new law. We’re still just closing out the first year of this very new law. We are seeing moves towards compliance, but if an employer has presence in Colorado and they’re posting a remote job, then the pay has to be posted.”
Moss said CDLE formally ruled one employer violated the act, and that employer has since corrected their posts.
Not wanting to wait for complaints, CDLE also looks for incorrect posts on their own and issues "compliance assistance letters" informing a company of the error and telling them to fix it. More than 100 letters have gone out, and Moss said the majority of employers -- so far about 80% of them -- were quick to correct the problem.
CDLE is able to issue fines if a company's violations continue.
"We have discretion not to fine, and we've been using that discretion overwhelmingly … in the first year for first violations that seem to be in good faith, and then get fixed," Moss said.
He encouraged people to reach out to the state if they notice a posting that either excludes pay information or does not allow Coloradans to apply. Complaints can be made anonymously.
"The problem is getting fixed by the day, but we do want to hear about tips and receive complaints," Moss said. "We'd love to get on it."
To submit a concern, fill out the CDLE complaint form.
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