David Law

by David Law

On June 5, 2023, Colorado Governor Jared Polis signed SB 23-105 into law, significantly changing the rules around job postings and promotional notices. Employers will need to act quickly to prepare for these changes, which take effect January 1, 2024.

Overview of the Changes

Although multiple states have enacted pay transparency laws, Colorado has been the only state to require employers to notify existing employees of all “promotional opportunities” within their companies.  SB 23-150 changes this requirement.  Now, employers are required to provide notice of (and compensation and benefit information for) all “job opportunities” within their organizations, regardless of whether the opportunities would qualify as promotions, lateral transfers, or demotions for most existing employees.  The Act clarifies that “career progression” and “career development” are not job opportunities and do not trigger the opportunity-notice requirements.  The Act also provides some relief for employers with physical locations exclusively outside Colorado that have fewer than 15 Colorado-based employees working remotely.  Through July 1, 2029, these employers will only be required to provide their Colorado employees notice of remote job opportunities.

To complement these changes to the existing notice provisions, the Act imposes a new (internal) notice requirement: employers must announce to existing employees each time they select a candidate for a job opportunity. Read more >>