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Challenge to Colorado Equal Pay for Equal Work Act Will Have Important (and Costly) Implications for Employers | Perkins Coie


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Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay, including widening the scope of employees who are covered and narrowing the affirmative defenses for employers. However, Colorado’s law pushes the pay equity landscape into fairly new territory by requiring that employers (1) detail compensation and benefits information with each job posting and (2) post all promotional opportunities. The provisions of the Equal Pay Act create significant compliance burdens for employers, creating, in other words, a very expensive, ill-fitting suit. ....

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