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California Announces Pay Data Reporting Portal Will Open by February 15, 2021

California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline.  When SB 973 was passed in September, DFEH had six months to develop and implement a data collection system that could accomplish the task.  It is delivering.  DFEH issued its first guidance on November 2...… Continue Reading
January 13, 2021

Colorado Department of Labor and Employment Issues “INFO” Guidance on Promotional Opportunities and Job Postings

As anticipated, the Colorado Department of Labor and Employment (CDLE) issued an Interpretive & Formal Opinion (INFO) – “Transparency in Pay and Opportunities for Promotion and Advancement”.  While the INFO is helpful in some respects, CDLE continues to take a hardline on the definition of “promotional opportunity”. We continue to digest the guidance but the...… Continue Reading
December 18, 2020

Additional Clarification on Colorado Pay Transparency Rules Anticipated Soon

We have learned that the Colorado Department of Labor & Employment anticipates publishing next week additional guidance on the Equal Pay Transparency rules’ promotional posting requirements.  In response to a request for clarification around in-line promotions, the CDLE informed us: We believe your questions will be addressed by a forthcoming Interpretive Notice & Formal Opinions...… Continue Reading
December 10, 2020

California Issues Additional Guidance on What Pay Data Reports will Require

The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021. The DFEH has launched an information page that provides needed clarity on certain obligations and has issued additional guidance on the pay data...… Continue Reading
December 3, 2020

Final Rules Implementing Colorado Equal Pay for Equal Work Reflect Significant Changes

As anticipated, the Colorado Department of Labor and Employment has released final administrative rules implementing the new Colorado Equal Pay for Equal Work Act.  The final rules reflect comments received in writing and during a live, virtual, public hearing held on November 2, 2020. Of primary concern to employers were the proposed rules’ job posting...… Continue Reading
November 11, 2020

California Issues Guidance on New Pay Data Reporting Requirements But Leaves Some Questions Pending

At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some uncertainty for employers in several areas. The Department of Fair Employment and Housing (DFEH) promised in mid-October that it would be...… Continue Reading
November 10, 2020

Public Comments Received on Proposed Rules Implementing Colorado Equal Pay for Equal Work Act

On November 2, 2020, the Colorado Department of Labor and Employments’ Division of Labor Standards and Statistics held a public hearing to solicit comments about Colorado’s proposed Equal Pay Transparency Rules.  The proposed rules will implement Colorado’s New Equal Pay for Equal Work law that goes into effect January 1, 2021.  The hearing focused on...… Continue Reading
November 3, 2020

Colorado Department of Labor Releases Proposed Rules Implementing Fair Pay for Fair Work Law

On September 29, 2020, The Colorado Department of Labor and Employment published proposed Equal Pay Transparency Rules (“EPT Rules”) providing guidance for implementation of the state’s new Equal Pay for Equal Work Law set to go into effect January 1, 2021.  They also published a corresponding Statement of Basis, Purpose, Specific Statutory Authority and Findings....… Continue Reading
October 2, 2020

Pay Data Reporting: California is the Tip of the Spear

In a continued effort to reduce gender and racial pay gaps, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, which creates massive pay reporting requirements for employers.  In 2021, certain California employers will be required to submit annual information on its employees’ pay data by gender, race, and ethnicity to...… Continue Reading
October 1, 2020

EEOC Announces Study of Collected Pay Data

In the next chapter of the EEO pay data collection story, the EEOC announced today it has contracted with the National Academies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) to, “conduct an independent assessment of the quality and utility of the EEO-1 Component 2 data for FY 2017 and 2018.” This is...… Continue Reading
July 17, 2020

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