State Law

Colorado Equal Pay Act: Two Years In, What's Changed

COLORADO EPEWA • ACTIVE 2021

Colorado passed the Equal Pay for Equal Work Act (EPEWA) in 2019, with enforcement beginning January 1, 2021. It was the first law in the United States to require salary information in job postings — and it set the template for every state law that followed.

Two years of full enforcement have generated a meaningful body of enforcement actions, CDLE guidance, and employer learnings. Here's what's changed, what continues to trip up employers, and what the Colorado experience tells us about where national compliance is heading.

What EPEWA requires — the full picture

Colorado's law is significantly more demanding than most other states. Job postings must include:

The benefits disclosure requirement is what separates Colorado from every other US state. While California and New York require only a salary range, Colorado expects meaningful benefits disclosure. That means specific information — not placeholders. The Colorado Department of Labor and Employment (CDLE) has been explicit about this in its enforcement guidance.

"Colorado's breadth — requiring benefits disclosure alongside salary — still makes it the most demanding posting requirement in the country."

Two years of enforcement: what the data shows

The CDLE has been actively investigating complaints since 2021, and the pattern of violations is instructive:

The "not open to Colorado residents" backlash

When the law first came into force, a notable number of national employers took the approach of simply excluding Colorado residents from remote role postings. Job ads appeared on major platforms with explicit language stating the role was not available to Colorado applicants.

The CDLE moved quickly to signal that this approach violated the spirit and potentially the letter of the law. While the original legislation didn't explicitly prohibit geographic exclusions, the CDLE's 2021 guidance made clear that employers using location exclusions specifically to avoid compliance would face scrutiny. Most employers abandoned the tactic within months. Today, it's a non-starter — both legally and reputationally.

What constitutes a compliant benefits description?

This is where most employers still struggle. The CDLE requires benefits disclosure to be "specific and meaningful." Acceptable examples include:

Unacceptable formulations include "competitive benefits package," "comprehensive benefits," "industry-leading benefits," or any similar vague description. If you wouldn't feel comfortable defending the description in a CDLE investigation, it's not specific enough.

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What the Colorado experience predicts about the future

Colorado's law has been a proving ground for pay transparency enforcement nationally. Several patterns from Colorado are now repeating in other states:

The clearest strategic lesson from Colorado: build your posting template to satisfy the most demanding state law, and use it everywhere. See our multi-state best practices guide for how to do this efficiently. For the national picture, see our State Law Roundup.

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