Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-18 - POSTING, SCREENING, AND TRANSPARENCY RULES ("POST Rules")
11 - Rules as to the Equal Pay for Equal Work Act
Universal Citation: 7 CO Code Regs 1103-18 ยง 11
Current through Register Vol. 47, No. 17, September 10, 2024
11.1 Job opportunity notices. Notices of job opportunities, including both those an employer "externally posts" (C.R.S. § 8-5-101 (5.5)(a)) and those to notify current employees (C.R.S. § 8-5-201(1)), must include information on compensation, benefits, and application processes, as specified in Rules 11.1.1-3. Employers must make reasonable efforts to notify current employees, as specified in Rule 11.1.4.
11.1.1 Contents. Employers must include the
following information in each posting (C.R.S. §
8-5-201(2)):
(A) the hourly rate or salary compensation
(or a range thereof) that the employer is offering for the position (subject to
Rule 11.1.2);
(B) a general
description of any bonuses, commissions, or other forms of compensation that
are being offered for the job;
(C)
a general description of all employment benefits the employer is offering for
the position, including health care benefits, retirement benefits, any benefits
permitting paid days off (including sick leave, parental leave, and paid time
off or vacation benefits), and any other benefits that must be reported for
federal tax purposes, but not benefits in the form of minor perks;
(D) the application deadline (subject to Rule
11.1.3); and
(E) how to apply for
the job opportunity.
11.1.2 Pay ranges. A posted compensation
range may extend from the lowest to the highest pay the employer in good faith
believes it might pay for the particular job, depending on the circumstances.
An employer may ultimately pay more or less than the posted range, if the
posted range was the employer's good-faith and reasonable estimate of the range
of possible compensation at the time of the posting.
11.1.3 Deadlines. Postings must include the
deadline to apply, but:
(A) if there is no
deadline because the employer accepts applications on an ongoing basis, the
posting must say so, and a deadline need not be included; and
(B) a deadline may be extended as long as (1)
the original deadline was a good-faith expectation or estimate of what the
deadline would be, and (2) the posting is promptly updated when the deadline is
extended.
11.1.4 Duties
to notify employees. An employer is required to make "reasonable efforts" to
"announce, post or otherwise make known each job opportunity to all employees
on the same calendar day and prior to the date on which the employer makes a
selection decision[.]" C.R.S. §
8-5-201(1).
(A) Exceptions and limitations on the duty to
provide job opportunity notices:
(1) Career
developments and career progressions are not "job opportunities" and therefore
do not require job opportunity notices.
(2) Confidentiality. A job opportunity need
not be posted to all employees if the employer has a compelling need to keep a
particular opening confidential because the position is still held by an
incumbent employee who, for reasons other than avoiding job posting
requirements, the employer has not yet made aware they will be separated. If
any employees are told of the opportunity, all employees must be told who
either (a) meet the minimum qualifications or (b) have a job "substantially
similar" (within the meaning of C.R.S. §
8-5-102 in the Equal Pay for Equal
Work Act) to any employees being told of the opportunity. If the need for
confidentiality ends before any deadline to apply for the job, the employer
must then promptly comply with applicable posting requirements in the
Act.
(3) Automatic promotion after
trial period. No job opportunity posting to other employees is required for a
promotion within one year of an employee being hired with a written
representation (whether in an offer letter; in an agreement; or in a policy the
employer publishes to employees) that the employer will automatically consider
the employee for promotion to a specific position within one year based solely
on their own performance and/or employer needs.
(4) Acting, interim, or temporary ("AINT")
hires. No immediate job opportunity posting is required to fill a position on
an AINT basis for up to nine months where:
(a) the AINT hiring is not expected to be
permanent, and if the hire may become permanent, the required job opportunity
posting must be made in time for employees to apply for the permanent position;
and
(b) the same or a substantially
similar position was not held anytime in 7 or more of the preceding 12 months
by another AINT hire for which there was no job opportunity posting, except
that if an AINT hire separates after more than 7 months, from a position
expected to last up to 9 months, then a posting is not required for a
replacement to finish their term.
(5) If an employer is only physically located
outside of Colorado and has fewer than 15 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.
(B) Methods. An employer makes "reasonable
efforts" with any method(s) by which all covered employees (1) can access
within their regular workplace, either online or in hard copy, and (2) are told
where to find required postings or announcements. If a particular method
reaches some but not all employees, such as an online posting not accessible to
those lacking internet access, an alternative method shall be used for such
employees.
(C) Qualifications.
Employers must notify all employees of all job opportunities, and may not limit
notice to those employees it deems qualified for the position, but may state
that applications are open to only those with certain qualifications, and may
screen or reject candidates based on such qualifications.
11.2 Post-selection notice. After a candidate is selected for a job opportunity, employers must provide information described in Rule 11.2.1, by the processes described in Rule 11.2.2, to employees with whom the employer intends the selected candidate to regularly work.
11.2.1 Contents. Employers
must include the following information:
(A)
the name of the candidate selected for the job opportunity;
(B) the selected candidate's former job title
if selected while already employed by the employer;
(C) the 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.
11.2.2 Duties to notify employees. Within 30
calendar days after a candidate who is selected to fill a job opportunity
begins working in the position, employers must make "reasonable efforts" (as
defined in Rule 11.1.4(B)) to notify the employees with whom the employer
intends the selected candidate to work with regularly of the information in
Rule 11.2.1.
(A) "Work with regularly" means
employees who, as part of their job responsibilities, either (1) collaborate or
communicate about their work at least monthly, or (2) have a reporting
relationship (i.e., supervisor or supervisee). Employers may
comply by providing notice to a broader range of, or all, employees.
(B) Employers may comply with this Rule by
providing post-selection notice either (1) of each individual selection, or (2)
of multiple selections, as long as the notice is provided no later than 30 days
after any selection(s) in the notice.
11.2.3 Non-disclosure rights.
(A) An employer shall not disclose a selected
candidate's name and/or prior job title if:
(1) any applicable law (including an
applicable, legally binding statute, rule, or order) requires not disclosing
either (or both) of those items; or
(2) a selected candidate informs the employer
(a) in writing, (b) on their own initiative (but employers may inform
candidates of non-disclosure rights under this Rule), and (c) voluntarily
(i.e., without pressure or coercion), that they believe
disclosure of either (or both) of those items would put their health or safety
at risk (but need not detail the health or safety risk).
(B) An employer shall still provide all other
required post-selection information, even if under this rule it does not
disclose a candidate's name or prior job title.
11.3 Career progression notices.
11.3.1 For positions with "career
progression," an employer shall disclose and make available to all eligible
employees (consistent with the methods for reasonable efforts in Rule
11.1.4(B)) 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.
11.3.2 "Eligible employees" are those in the
position that, when the requirements in the notice are satisfied, would move
from their position to another position listed in the notice as a "career
progression."
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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