First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0061.01 Kristen Forrestal x4217
SENATE BILL 23-105
Senate Committees House Committees
Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE IMPLEMENTATION OF MEASURES TO ENSURE EQUAL101
PAY FOR EQUAL WORK , AND, IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law authorizes the director of the division of labor
standards and statistics in the department of labor and employment
(director) to create and administer a process to accept and mediate
complaints, to provide legal resources concerning alleged wage inequity,
and to promulgate rules as necessary for this purpose. The bill changes
HOUSE
Amended 2nd Reading
April 29, 2023
SENATE
3rd Reading Unamended
April 13, 2023
SENATE
Amended 2nd Reading
April 12, 2023
SENATE SPONSORSHIP
Danielson and Buckner, Coleman, Cutter, Exum, Fields, Gonzales, Hinrichsen, Jaquez
Lewis, Marchman, Rodriguez, Sullivan, Winter F., Bridges, Fenberg, Ginal, Hansen, Kolker,
Moreno, Mullica, Priola, Roberts
HOUSE SPONSORSHIP
Gonzales-Gutierrez and Bacon, Boesenecker, deGruy Kennedy, Froelich, Garcia, Jodeh,
Joseph, Mabrey, Martinez, Michaelson Jenet, Ortiz, Story, Vigil, Willford, Woodrow
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. these authorizations to requirements.
Additionally, the bill requires the director to:
! Investigate complaints or other leads concerning wage
inequity;
! Upon finding of a violation, order compliance and relief;
and
! Promulgate rules to enforce the bill.
The bill also requires an employer to:
! For each job opportunity or promotional opportunity where
the employer is considering more than one candidate,
follow specific guidelines for posting the opportunity;
! For all job opportunities and promotional opportunities,
provide specific information to employees regarding the
candidate selected for the opportunity; and
! For all objectively defined career progressions, disclose the
requirements for career progression and the terms of
compensation, benefits, status, duties, and access to further
advancement.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-5-101, add (1.3),2
(1.5), (5.5),
and (8.5) as follows:3
8-5-101. Definitions. As used in this article 5, unless the context4
otherwise requires:5
(1.3) "C
AREER DEVELOPMENT " MEANS A CHANGE TO AN6
EMPLOYEE'S TERMS OF COMPENSATION , BENEFITS, FULL-TIME OR7
PART-TIME STATUS, DUTIES, OR ACCESS TO FURTHER ADVANCEMENT IN8
ORDER TO UPDATE THE EMPLOYEE 'S JOB TITLE OR COMPENSATE THE9
EMPLOYEE TO REFLECT WORK PERFORMED OR CONTRIBUTIONS ALREADY10
MADE BY THE EMPLOYEE.11
(1.5) "C
AREER PROGRESSION" MEANS A REGULAR OR AUTOMATIC12
MOVEMENT FROM ONE POSITION TO ANOTHER BASED ON TIME IN A SPECIFIC13
ROLE OR OTHER OBJECTIVE METRICS.14
(5.5) (a) "J
OB OPPORTUNITY" MEANS A CURRENT OR ANTICIPATED15
105-2- VACANCY FOR WHICH THE EMPLOYER IS CONSIDERING A CANDIDATE OR1
CANDIDATES OR INTERVIEWING A CANDIDATE OR CANDIDATES OR THAT2
THE EMPLOYER EXTERNALLY POSTS .3
(b) "J
OB OPPORTUNITY" DOES NOT INCLUDE CAREER DEVELOPMENT4
OR CAREER PROGRESSION.5
6
(8.5) "V
ACANCY" MEANS AN OPEN POSITION , WHETHER AS A7
RESULT OF A NEWLY CREATED POSITION OR A VACATED POSITION .8
SECTION 2. In Colorado Revised Statutes, 8-5-103, amend (1)9
and (3) as follows:10
8-5-103. Enforcement - rules - complaints. (1) (a) The director11
is authorized to
SHALL:12
(I) Create and administer a process to accept and mediate13
complaints and to provide legal resources concerning alleged violations14
of section 8-5-102 and to SHALL promulgate rules as necessary for this15
purpose;16
(II) O
N OR BEFORE JULY 1, 2024, CREATE AND ADMINISTER A
17
PROCESS TO MEDIATE COMPLAINTS REGARDING ALLEGED VIOLATIONS OF18
SECTION 8-5-102 AND PROMULGATE RULES AS NECESSARY FOR THIS19
PURPOSE;20
(III) INVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING21
EMPLOYER VIOLATIONS OF SECTION 8-5-102, EXCEPT IF THE COMPLAINT22
CONCERNS THE STATE OF COLORADO AS THE EMPLOYER , THAT, IN THE23
DIRECTOR'S GOOD FAITH DISCRETION AND JUDGMENT , WARRANT24
INVESTIGATION;25
(IV) UPON FINDING OF A VIOLATION OF SECTION 8-5-102, ORDER26
COMPLIANCE AND RELIEF AS AUTHORIZED BY THIS PART 1; AND27
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-3- (V) PROMULGATE RULES TO ENFORCE THIS ARTICLE 5.1
(b) F
OR THE PURPOSE OF INVESTIGATING A VIOLATION OF THIS2
PART 1, THE DIRECTOR MAY APPLY THE INFORMATION -GATHERING3
PROVISIONS OF ARTICLE 1 OF THIS TITLE 8
TO AN EMPLOYER, EMPLOYEE,4
OR OTHER PERSON.5
(c) The process created and administered by the director,6
INCLUDING THE RULES FOR THE INVESTIGATION OF ALLEGED COMPLAINTS7
FOR VIOLATIONS OF SECTION 8-5-102 AND ANY FINES LEVIED OR8
CORRECTIVE ACTION TAKEN BY THE DIRECTOR , does not affect or prevent9
the right of an aggrieved person from commencing a civil action pursuant10
to subsection (2) of this section.11
(3) A person aggrieved by a violation of section 8-5-102 may12
obtain relief for back pay for the entire time the violation continues, not13
to exceed three
SIX years.14
SECTION 3. In Colorado Revised Statutes, amend 8-5-201 as15
follows:16
8-5-201. Employment opportunities - job opportunities or17
advancement - pay rates in job listings - rules. (1) An employer18
shall make reasonable efforts to announce, post, or otherwise make19
known all opportunities for promotion EACH JOB OPPORTUNITY to all20
current employees on the same calendar day and prior to making a21
promotion decision THE DATE ON WHICH THE EMPLOYER MAKES A22
SELECTION DECISION; EXCEPT THAT, IF AN EMPLOYER IS ONLY PHYSICALLY23
LOCATED OUTSIDE OF COLORADO AND HAS FEWER THAN FIFTEEN24
EMPLOYEES WORKING IN COLORADO, ALL OF WHOM WORK ONLY25
REMOTELY, THEN, THROUGH JULY 1, 2029, THE EMPLOYER IS ONLY26
REQUIRED TO PROVIDE NOTICE OF REMOTE JOB OPPORTUNITIES . THE27
105
-4- DEPARTMENT OF LABOR AND EMPLOYMENT SHALL PROMULGATE RULES1
FOR TEMPORARY, INTERIM, OR ACTING JOB OPPORTUNITIES THAT2
NECESSITATE IMMEDIATE HIRE.3
(2) A
N
EMPLOYER MUST IN GOOD FAITH DISCLOSE THE FOLLOWING4
IN THE NOTIFICATION OF EACH JOB OPPORTUNITY :5
(a) THE HOURLY OR SALARY COMPENSATION OR THE R ANGE OF THE6
HOURLY OR SALARY COMPENSATION ;7
(b) A GENERAL DESCRIPTION OF THE BENEFITS AND OTHER8
COMPENSATION APPLICABLE TO THE JOB OPPORTUNITY ; AND9
(c) T
HE DATE THE APPLICATION WINDOW IS ANTICIPATED TO
10
CLOSE.11
12
(2) (3) An employer shall disclose in each posting for each job13
opening the hourly or salary compensation, or a range of the hourly or14
salary compensation, and a general description of all of the benefits and15
other compensation to be offered to the hired applicant. MAKE16
REASONABLE EFFORTS TO ANNOUNCE , POST, OR OTHERWISE MAKE KNOWN,17
WITHIN THIRTY CALENDAR DAYS AFTER A CANDIDATE WHO IS SELECTED18
TO FILL A JOB OPPORTUNITY BEGINS WORKING IN THE POSITION, THE19
FOLLOWING INFORMATION TO , AT A MINIMUM, THE EMPLOYEES WITH20
WHOM THE EMPLOYER INTENDS THE SELECTED CANDIDATE TO WORK WITH21
REGULARLY:22
(a) T
HE NAME OF THE CANDIDATE SELECTED FOR THE JOB23
OPPORTUNITY;
24
(b) T
HE SELECTED CANDIDATE'S FORMER JOB TITLE IF SELECTED25
WHILE ALREADY EMPLOYED BY THE EMPLOYER ;26
(c) T
HE SELECTED CANDIDATE'S NEW JOB TITLE; AND27
105
-5- (d) INFORMATION ON HOW EMPLOYEES MAY DEMONSTRATE1
INTEREST IN SIMILAR JOB OPPORTUNITIES IN THE FUTURE, INCLUDING2
IDENTIFYING INDIVIDUALS OR DEPARTMENTS TO WHOM THE EMPLOYEES3
CAN EXPRESS INTEREST IN SIMILAR JOB OPPORTUNITIES .4
(4) FOR POSITIONS WITH CAREER PROGRESSION , AN EMPLOYER5
SHALL DISCLOSE AND MAKE AVAILABLE TO ALL ELIGIBLE EMPLOYEES THE6
REQUIREMENTS FOR CAREER PROGRESSION , IN ADDITION TO EACH7
POSITION'S TERMS OF COMPENSATION, BENEFITS, FULL-TIME OR PART-TIME8
STATUS, DUTIES, AND ACCESS TO FURTHER ADVANCEMENT .9
(5) NOTHING IN THIS SECTION REQUIRES AN EMPLOYER TO10
IDENTIFY A SELECTED CANDIDATE FOR A JOB OPPORTUNITY IN ANY11
MANNER THAT VIOLATES THE CANDIDATE 'S PRIVACY RIGHTS UNDER12
APPLICABLE LOCAL, STATE, OR FEDERAL LAW OR IN A MANNER THAT13
WOULD PLACE AT RISK THE SELECTED CANDIDATE 'S HEALTH OR SAFETY.14
SECTION 4. Appropriation. (1) For the 2023-24 state fiscal15
year, $292,590 is appropriated to the department of labor and16
employment. This appropriation is from the general fund. To implement17
this act, the department may use this appropriation as follows:18
(a) $250,294 for use by division of labor standards and statistics19
for program costs related to labor standards, which amount is based on an20
assumption that the department will require an additional 2.1 FTE; and21
(b) $42,296 for the purchase of legal services.22
(2) For the 2023-24 state fiscal year, $42,296 is appropriated to23
the department of law. This appropriation is from reappropriated funds24
received from the department of labor and employment under subsection25
(1)(b) of this section and is based on an assumption that the department26
of law will require an additional 0.2 FTE. To implement this act, the27
105
-6- department of law may use this appropriation to provide legal services for1
the department of labor and employment.2
(3) For the 2023-24 state fiscal year, $119,848 is appropriated to3
the department of personnel for use by the division of human resources.4
This appropriation is from the general fund. To implement this act, the5
department may use this appropriation as follows:6
(a) $97,813 for personal services related to state agency services,7
which amount is based on an assumption that the department will require8
an additional 1.2 FTE; and9
(b) $22,035 for operating expenses related to state agency10
services.11
SECTION 5. Act subject to petition - effective date -12
applicability. (1) This act takes effect January 1, 2024; except that, if a13
referendum petition is filed pursuant to section 1 (3) of article V of the14
state constitution against this act or an item, section, or part of this act15
within the ninety-day period after final adjournment of the general16
assembly, then the act, item, section, or part will not take effect unless17
approved by the people at the general election to be held in November18
2024 and, in such case, will take effect on the date of the official19
declaration of the vote thereon by the governor.20
(2) Section 8-5-201, Colorado Revised Statutes, as amended in21
section 3 of this act, applies to job opportunities, career progressions, and22
career developments that take place on or after the applicable effective23
date of this act.24
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-7-