SENATE BILL 23-105
BY SENATOR(S) Danielson and Buckner, Coleman, Cutter, Exum, Fields,
Gonzales, Hinrichsen, Jaquez Lewis, Marchman, Rodriguez, Sullivan,
Winter F., Bridges, Ginal, Hansen, Kolker, Moreno, Mullica, Priola,
Roberts, Fenberg;
also REPRESENTATIVE(S) Gonzales-Gutierrez and Bacon, Boesenecker,
deGruy Kennedy, Froelich, Garcia, Jodeh, Joseph, Mabrey, Martinez,
Michaelson Jenet, Ortiz, Story, Vigil, Willford, Woodrow, Amabile, Brown,
Dickson, English, Hamrick, Herod, Kipp, Lieder, Lindsay, Lindstedt,
McCormick, McLachlan, Parenti, Ricks, Sharbini, Sirota, Titone, Velasco.
C
ONCERNING THE IMPLEMENTATION OF MEASURES TO ENSURE EQUAL PAY
FOR EQUAL WORK
, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 8-5-101, add (1.3),
(1.5), (5.5), and (8.5) as follows:
8-5-101. Definitions. As used in this article 5, unless the context
otherwise requires:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (1.3) "CAREER DEVELOPMENT" MEANS A CHANGE TO AN EMPLOYEE'S
TERMS OF COMPENSATION
, BENEFITS, FULL-TIME OR PART-TIME STATUS,
DUTIES, OR ACCESS TO FURTHER ADVANCEMENT IN ORDER TO UPDATE THE
EMPLOYEE
'S JOB TITLE OR COMPENSATE THE EMPLOYEE TO REFLECT WORK
PERFORMED OR CONTRIBUTIONS ALREADY MADE BY THE EMPLOYEE
.
(1.5) "C
AREER PROGRESSION" MEANS A REGULAR OR AUTOMATIC
MOVEMENT FROM ONE POSITION TO ANOTHER BASED ON TIME IN A SPECIFIC
ROLE OR OTHER OBJECTIVE METRICS
.
(5.5) (a) "J
OB OPPORTUNITY" MEANS 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
.
(b) "J
OB OPPORTUNITY" DOES NOT INCLUDE CAREER DEVELOPMENT
OR CAREER PROGRESSION
.
(8.5) "V
ACANCY" MEANS AN OPEN POSITION, WHETHER AS A RESULT
OF A NEWLY CREATED POSITION OR A VACATED POSITION
.
SECTION 2. In Colorado Revised Statutes, 8-5-103, amend (1)
and (3) as follows:
8-5-103. Enforcement - rules - complaints. (1) (a) The director is
authorized to SHALL:
(I) Create and administer a process to accept and mediate complaints
and to provide legal resources concerning alleged violations of section
8-5-102 and to SHALL promulgate rules as necessary for this purpose;
(II) O
N OR BEFORE JULY 1, 2024, CREATE AND ADMINISTER A
PROCESS TO MEDIATE COMPLAINTS REGARDING ALLEGED VIOLATIONS OF
SECTION
8-5-102 AND PROMULGATE RULES AS NECESSARY FOR THIS
PURPOSE
;
(III) I
NVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING
EMPLOYER VIOLATIONS OF SECTION
8-5-102, EXCEPT IF THE COMPLAINT
CONCERNS THE STATE OF
COLORADO AS THE EMPLOYER , THAT, IN THE
DIRECTOR
'S GOOD FAITH DISCRETION AND JUDGMENT , WARRANT
PAGE 2-SENATE BILL 23-105 INVESTIGATION;
(IV) U
PON FINDING OF A VIOLATION OF SECTION 8-5-102, ORDER
COMPLIANCE AND RELIEF AS AUTHORIZED BY THIS PART
1; AND
(V) PROMULGATE RULES TO ENFORCE THIS ARTICLE 5.
(b) F
OR THE PURPOSE OF INVESTIGATING A VIOLATION OF THIS PART
1, THE DIRECTOR MAY APPLY THE INFORMATION -GATHERING PROVISIONS OF
ARTICLE
1 OF THIS TITLE 8 TO AN EMPLOYER, EMPLOYEE, OR OTHER PERSON.
(c) The process created and administered by the director,
INCLUDING
THE RULES FOR THE INVESTIGATION OF ALLEGED COMPLAINTS FOR
VIOLATIONS OF SECTION
8-5-102 AND ANY FINES LEVIED OR CORRECTIVE
ACTION TAKEN BY THE DIRECTOR
, does not affect or prevent the right of an
aggrieved person from commencing a civil action pursuant to subsection (2)
of this section.
(3) A person aggrieved by a violation of section 8-5-102 may obtain
relief for back pay for the entire time the violation continues, not to exceed
three
SIX years.
SECTION 3. In Colorado Revised Statutes, amend 8-5-201 as
follows:
8-5-201. Employment opportunities - job opportunities or
advancement - pay rates in job listings - rules. (1) An employer shall
make reasonable efforts to announce, post, or otherwise make known all
opportunities for promotion EACH JOB OPPORTUNITY to all current
employees on the same calendar day and prior to making a promotion
decision THE DATE ON WHICH THE EMPLOYER MAKES A SELECTION DECISION ;
EXCEPT THAT, IF AN EMPLOYER IS ONLY PHYSICALLY LOCATED OUTSIDE OF
COLORADO AND HAS FEWER THAN FIFTEEN EMPLOYEES WORKING IN
COLORADO, ALL OF WHOM WORK ONLY REMOTELY , THEN, THROUGH JULY 1,
2029,
THE EMPLOYER IS ONLY REQUIRED TO PROVIDE NOTICE OF REMOTE JOB
OPPORTUNITIES
. THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL
PROMULGATE RULES FOR TEMPORARY
, INTERIM, OR ACTING JOB
OPPORTUNITIES THAT NECESSITATE IMMEDIATE HIRE
.
(2) A
N EMPLOYER MUST IN GOOD FAITH DISCLOSE THE FOLLOWING
PAGE 3-SENATE BILL 23-105 IN THE NOTIFICATION OF EACH JOB OPPORTUNITY :
(a) T
HE HOURLY OR SALARY COMPENSATION OR THE RANGE OF THE
HOURLY OR SALARY COMPENSATION
;
(b) A
GENERAL DESCRIPTION OF THE BENEFITS AND OTHER
COMPENSATION APPLICABLE TO THE JOB OPPORTUNITY
; AND
(c) THE DATE THE APPLICATION WINDOW IS ANTICIPATED TO CLOSE .
(2)
(3) An employer shall disclose in each posting for each job
opening the hourly or salary compensation, or a range of the hourly or
salary compensation, and a general description of all of the benefits and
other compensation to be offered to the hired applicant. MAKE REASONABLE
EFFORTS TO ANNOUNCE
, POST, OR OTHERWISE MAKE KNOWN, WITHIN THIRTY
CALENDAR DAYS AFTER A CANDIDATE WHO IS SELECTED TO FILL A JOB
OPPORTUNITY BEGINS WORKING IN THE POSITION
, THE FOLLOWING
INFORMATION TO
, AT A MINIMUM, THE EMPLOYEES WITH WHOM THE
EMPLOYER INTENDS THE SELECTED CANDIDATE TO WORK WITH REGULARLY
:
(a) T
HE NAME OF THE CANDIDATE SELECTED FOR THE JOB
OPPORTUNITY
;
(b) T
HE SELECTED CANDIDATE'S FORMER JOB TITLE IF SELECTED
WHILE ALREADY EMPLOYED BY THE EMPLOYER
;
(c) T
HE SELECTED CANDIDATE'S NEW JOB TITLE; AND
(d) INFORMATION ON HOW 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
.
(4) F
OR POSITIONS WITH CAREER PROGRESSION, AN EMPLOYER SHALL
DISCLOSE AND MAKE AVAILABLE TO ALL ELIGIBLE EMPLOYEES THE
REQUIREMENTS FOR CAREER PROGRESSION
, IN ADDITION TO EACH POSITION'S
TERMS OF COMPENSATION
, BENEFITS, FULL-TIME OR PART-TIME STATUS,
DUTIES, AND ACCESS TO FURTHER ADVANCEMENT .
(5) N
OTHING IN THIS SECTION REQUIRES AN EMPLOYER TO IDENTIFY
PAGE 4-SENATE BILL 23-105 A SELECTED CANDIDATE FOR A JOB OPPORTUNITY IN ANY MANNER THAT
VIOLATES THE CANDIDATE
'S PRIVACY RIGHTS UNDER APPLICABLE LOCAL ,
STATE, OR FEDERAL LAW OR IN A MANNER THAT WOULD PLACE AT RISK THE
SELECTED CANDIDATE
'S HEALTH OR SAFETY.
SECTION 4. Appropriation. (1) For the 2023-24 state fiscal year,
$292,590 is appropriated to the department of labor and employment. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $250,294 for use by division of labor standards and statistics for
program costs related to labor standards, which amount is based on an
assumption that the department will require an additional 2.1 FTE; and
(b) $42,296 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $42,296 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of labor and employment under subsection (1)(b) of
this section and is based on an assumption that the department of law will
require an additional 0.2 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
labor and employment.
(3) For the 2023-24 state fiscal year, $119,848 is appropriated to the
department of personnel for use by the division of human resources. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $97,813 for personal services related to state agency services,
which amount is based on an assumption that the department will require
an additional 1.2 FTE; and
(b) $22,035 for operating expenses related to state agency services.
SECTION 5. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2024; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
PAGE 5-SENATE BILL 23-105 act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2024 and, in such case, will
take effect on the date of the official declaration of the vote thereon by the
governor.
(2) Section 8-5-201, Colorado Revised Statutes, as amended in
section 3 of this act, applies to job opportunities, career progressions, and
career developments that take place on or after the applicable effective date
of this act.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 23-105