Late 2023 and early 2024 will bring several changes to Colorado employment laws. While most employers remain focused on the new Protecting Opportunities and Workers’ Rights Act (POWR), other changes have flown under the radar.

Senate Bill 23-105, the Ensure Equal Pay for Equal Work Act (EEPEWA), was signed into law on June 5 and will go into effect on Jan. 1. The EEPEWA clarifies and expands coverage of the 2019 Equal Pay for Equal Work Act (EPEWA). The EPEWA allowed the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment to create and administer a process to accept and mediate wage complaints and promulgate rules. The EEPEWA requires the division to create and administer a complaint mediation process by July 1, 2024.

The EPEEWA also requires the division to investigate complaints or other leads concerning employer violations of wage inequity; upon finding a violation, order compliance and relief; and promulgate rules to enforce the act.

In addition, EPEEWA replaces the EPEWA “opportunities for promotion” subject to job posting requirements with the new term “job opportunity” defined as “a current or anticipated vacancy for which the employer is considering a candidate or candidates or interviewing a candidate or candidates or that the employer externally posts.”

The EEPEWA not only expanded the jobs for which posting is required, but also imposes new posting requirements. Within 30 days after a candidate is selected to fill a job opportunity, the employer must post or otherwise disclose to employees with whom the selected candidate is intended to regularly work, at a minimum:

The name of the candidate selected for the job opportunity; the selected candidate’s former job title if selected while already employed by the employer; the selected candidate’s new job title; and information on how many employees may demonstrate interest in similar job opportunities in the future, including identifying individuals or departments to whom the employees can express interest in similar job opportunities.

Senate Bill 23-058, the Job Application Fairness Act (JAFA), will prohibit starting July 1, 2024 employers from seeking information related to prospective employees’ ages in initial job applications. This will include not only dates of birth, but also such other inquiries that would disclose ages as dates of attendance at or graduation from educational institutions.

Senate Bill 23-017 expands the acceptable uses of paid sick leave under the Colorado Healthy Families and Workplaces Act (HFWA). This law is already in force. In addition to using paid sick leave to obtain medical care or legal services in certain situations, employees may use sick leave to take time off to grieve, attend funeral services or memorials, or handle financial and legal matters that arise after the death of a family member; and care for a family member when that family member’s school or place of care has been closed or to evacuate an employee’s place of residence in certain situations. These situations include inclement weather, loss of power, loss of heating, loss of water or other unexpected occurrences.

Senate Bill 23-111, the Protection for Public Workers Act (PPWA), establishes job protections for public employees like those already guaranteed to private employees under the National Labor Relations and Colorado Labor Peace acts. Public employees are protected from discrimination, interference or retaliation when they engage in protected workplace activities, including:

Discussing or expressing views regarding public employee representation, workplace issues or their rights.

Engaging in protected concerted activity for the purpose of mutual aid or protection.

Fully participating in the political process while off duty and not in uniform, including speaking with members of the public employer’s governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens.

Organizing, forming, joining or assisting an employee organization or refraining from organizing, forming, joining or assisting an employee organization.

The PPWA allows a public employer that has a nonpartisan role to limit the right of an employee to fully participate in the political process while off duty and not in uniform to the extent necessary to maintain the nonpartisan role of the employer.

Colorado Gov. Jared Polis recognized the possibility the PPWA’s broad coverage could hinder public entities from carrying out their missions. Polis issued a statement when he signed the PPWA into law that directs the Colorado Department of Labor and Employment to adopt rules clarifying the public employer’s right to manage and discipline employees.

The PPWA tasks the Division of Labor Standards and Statistics with enforcing the PPWA. Effective July 1, 2024, the PPWA grants the division the authority to adjudicate unfair labor practice charges and issue decisions pursuant to the Colorado Labor Peace Act.

The Employers Council makes available to its members resources on how to comply with these and other legal changes. Enterprise and consulting members may contact Employers Council human relations professionals and attorneys directly to discuss legal obligations and best practices for meeting them.