Colorado’s Job Posting Rules Have Teeth: What Employers Need to Know About EPEWA Part 2
Article Highlights
- Employers with Colorado employees should take a fresh look at their hiring and internal mobility practices. EPEWA Part 2 extends well beyond public job postings and can apply to promotions, transfers, temporary assignments, career ladder opportunities, and other internal employment decisions. In many cases, the key compliance question is not whether a position was advertised externally. It is whether the employer is considering or interviewing candidates for a current or anticipated vacancy. If so, Part 2 may require advance notice to employees, disclosures regarding pay and benefits, and post-selection notifications.
- These obligations are not merely theoretical. CDLE’s enforcement data demonstrates that Part 2 compliance is an active enforcement priority. As of the agency’s June 3, 2026 update, CDLE reported receiving more than 2,800 Part 2 complaints, issuing more than 600 voluntary compliance letters, reaching dozens of settlements, and issuing citations with fines totaling more than $800,000. The most effective way to reduce compliance risk is to incorporate EPEWA review into the employer’s standard requisition, promotion, and job posting processes before any selection decision is made.
Colorado’s Equal Pay for Equal Work Act (EPEWA), Part 2, is no longer just a pay transparency law. It is a job opportunity transparency law. For covered employers, the law requires more than posting salary ranges. It also requires internal notice of job opportunities, post-selection notices after a candidate is chosen, career progression disclosures, and recordkeeping. The Colorado Department of Labor and Employment (CDLE)’s Posting, Screening, and Transparency Rules, or POST Rules, implement these requirements and took effect July 1, 2024. The CDLE’s Statement of Basis confirms that the POST Rules replaced the prior Equal Pay Transparency Rules without intended substantive changes to equal pay transparency, except for technical and process updates.
This advisory summarizes the major requirements under EPEWA Part 2. It does not address the wage discrimination provisions in Part 1.
1. Internal notice is required for each “job opportunity”
The core rule is straightforward: before making a selection decision, an employer must make reasonable efforts to announce, post, or otherwise make known each job opportunity to all employees on the same calendar day. C.R.S. § 8-5-201(1). The POST Rules repeat and implement this requirement.
A “job opportunity” means a current or anticipated vacancy for which the employer is considering candidates, interviewing candidates, or that the employer externally posts. C.R.S. § 8-5-101(5.5)(a). A “vacancy” means an open position, whether newly created or vacated. C.R.S. § 8-5-101(8.5).
Employers should treat this definition broadly. A formal application process is not required to trigger the notice obligation. If the employer is considering filling a current or anticipated vacancy, the notice requirement may apply.
2. The notice must go to all covered employees, not just likely candidates
The notice obligation is not limited to employees the employer believes are qualified, interested, or likely to apply. Under POST Rule 11.1.4(C), employers must notify all employees of all job opportunities and may not limit notice to employees they deem qualified. Employers may, however, state that applications are open only to candidates with certain qualifications and may screen or reject candidates based on those qualifications.
The required notice method must be accessible to all covered employees in their regular workplace, either online or in hard copy. Employees must also be told where to find required postings or announcements. If one method does not reach all employees, the employer must use an alternative method for employees who would otherwise be missed. POST Rule 11.1.4(B).
3. Job opportunity notices and postings must include pay, benefits, deadline, and application information
Each job opportunity notice or posting must include:
- the hourly rate, salary compensation, or compensation range;
- a general description of bonuses, commissions, or other compensation;
- a general description of employment benefits, including health care benefits, retirement benefits, paid days off, and other tax-reportable benefits, but not minor perks;
- the application deadline, unless applications are accepted on an ongoing basis and the posting says so; and
- how to apply.
These requirements appear in C.R.S. § 8-5-201(2) and POST Rule 11.1.1.
A compensation range must reflect the lowest to highest pay the employer in good faith believes it might pay for the particular job. An employer may ultimately pay more or less than the posted range if the posted range was a good-faith and reasonable estimate at the time of posting. POST Rule 11.1.2.
The POST Rules also require postings to include an application deadline. If there is no deadline because the employer accepts applications on an ongoing basis, the posting must say so. A deadline may be extended if the original deadline was a good-faith estimate and the posting is promptly updated. POST Rule 11.1.3.
4. External posting is not required, but external postings must comply
EPEWA does not require employers to post jobs externally. An employer may fill a job through an internal process only. But if the employer externally posts a job opportunity, the posting is covered and must include the required pay, benefits, deadline, and application information unless a geographic limitation applies. The POST Rules define “posting” and “notice” interchangeably, and a job opportunity notice includes both internal notices and external postings. POST Rule 2.15.
5. Career development and career progression are not “job opportunities”
The statute excludes two categories from the definition of job opportunity: career development and career progression. C.R.S. § 8-5-101(5.5)(b).
Career development means a change to an employee’s compensation, benefits, full-time or part-time status, duties, or access to further advancement to update the employee’s job title or compensate the employee for work already performed or contributions already made. C.R.S. § 8-5-101(1.3). Under the POST Rules, the work or contributions must have been part of the employee’s existing job and not within a position with a current or anticipated vacancy. POST Rule 2.3.
Career progression means a regular or automatic movement from one position to another based on time in a specific role or other objective metrics. C.R.S. § 8-5-101(1.5).
Neither career development nor career progression requires a job opportunity notice. POST Rule 11.1.4(A)(1). But career progression has its own disclosure requirement: employers must make available to eligible employees the requirements for career progression, plus each position’s compensation, benefits, full-time or part-time status, duties, and access to further advancement. C.R.S. § 8-5-201(4); POST Rule 11.3.
6. Several exceptions may limit or delay notice
The POST Rules identify several important exceptions and limitations.
First, a confidential replacement need not be posted to all employees if the position is still held by an incumbent employee who has not yet been told they will be separated, and the employer has a compelling need for confidentiality for reasons other than avoiding posting requirements. If the need for confidentiality ends before the application deadline, the employer must promptly comply. POST Rule 11.1.4(A)(2).
Second, no job opportunity posting to other employees is required for a promotion within one year of hire if the employee was hired with a written representation that the employer would automatically consider the employee for promotion to a specific position within one year, based solely on the employee’s performance and/or employer needs. POST Rule 11.1.4(A)(3).
Third, no immediate posting is required for an acting, interim, or temporary hire for up to nine months if the hire is not expected to be permanent and other rule conditions are satisfied. If the position may become permanent, the employer must post the permanent opportunity in time for employees to apply. POST Rule 11.1.4(A)(4).
Finally, through July 1, 2029, an employer that is only physically located outside Colorado and has fewer than 15 employees working in Colorado, all of whom work only remotely, is required to provide notice only of remote job opportunities. C.R.S. § 8-5-201(1); POST Rule 11.1.4(A)(5).
7. Geographic limits matter
Employees entirely outside Colorado do not need to receive EPEWA job opportunity notices, post-selection notices, or career progression notices. POST Rule 13.2.
Separately, the compensation and benefits disclosure requirements do not apply to postings or applications for jobs to be performed entirely outside Colorado or physically located entirely outside Colorado. POST Rule 13.1. CDLE guidance states that remote jobs performable in Colorado must comply with EPEWA posting and disclosure requirements, even if the posting says Colorado applicants will not be considered.
8. Post-selection notices are required after a hire or promotion
EPEWA also requires notice after a candidate is selected. Within 30 calendar days after the selected candidate begins working in the position, the employer must make reasonable efforts to notify, at minimum, the employees with whom the employer intends the selected candidate to work regularly. C.R.S. § 8-5-201(3); POST Rule 11.2.2.
The post-selection notice must include the selected candidate’s name, former job title if the person was already employed by the employer, new job title, and information on how employees may express interest in similar opportunities in the future. C.R.S. § 8-5-201(3); POST Rule 11.2.1.
Employers must not disclose a selected candidate’s name or prior job title if doing so would violate applicable law or if the candidate voluntarily informs the employer in writing that disclosure would put their health or safety at risk. POST Rule 11.2.3.
9. Enforcement is active – and not just theoretical
Employers should not treat EPEWA Part 2 compliance as a technical paperwork issue. CDLE’s published Part 2 enforcement data, updated February 9, 2026, reports 2,554 pay transparency complaints filed since January 1, 2021; 619 voluntary compliance letters sent to employers before formal investigations; a 76.60% cure rate after voluntary compliance letters; 199 formal investigations; 24 citations; and 10 citations with fines. CDLE also reports $841,500 in total fines across all citations, reduced to $482,450 after post-citation settlements and waivers, plus 44 pre-citation settlements totaling $350,000.
The citation history shows that fines can be substantial. CDLE’s published table lists, among others, a $552,000 citation against DaVita, later reduced to $298,000 after waiver or settlement; a $151,000 citation against Lockheed Martin, later reduced to $79,500; a $43,000 citation against Twitter, later reduced to $27,950; a $37,500 citation against Lumenalta; and a $33,000 citation against SpotOn, later reduced to $16,500.
CDLE also states that published Equal Pay decisions are available on its Citation and Appeal Decisions page by searching for the keywords “equal pay.” For employers, the practical takeaway is that CDLE is using both informal compliance tools and formal citations. The agency’s data suggests that many matters are resolved through voluntary compliance or settlement before a final citation, but the risk of formal penalties remains real.
This enforcement history aligns with the statute and rules. A person who claims to be aggrieved by a violation of EPEWA Part 2 may file a written complaint within one year after learning of the violation, and the Director may impose fines of $500 to $10,000 per violation. C.R.S. § 8-5-203(2), (4). The POST Rules also state that each distinct violative job posting constitutes a separate violation for purposes of remedies, although each individual response to a posting is not a separate violation. POST Rule 5.2.
Key takeaways
Employers with Colorado employees should review not only public job postings, but also internal promotion, transfer, temporary assignment, and career ladder practices. In many cases, the key compliance question is not whether the employer advertised a job externally. It is whether the employer is considering or interviewing for a current or anticipated vacancy. When that happens, EPEWA Part 2 may require advance notice to employees, pay and benefits disclosures, and post-selection follow-up.
CDLE’s enforcement data shows that these requirements are being actively monitored. As of CDLE’s June 3, 2026 update, the agency reported more than 2,800 Part 2 complaints, 600+ voluntary compliance letters, dozens of settlements, and citations with fines totaling more than $800,000. The safest course is to build EPEWA review into the employer’s ordinary requisition, promotion, and posting workflow before a selection decision is made.
This client alert is for general informational purposes only and does not constitute legal advice. Labor & Employment law is fact-specific, and readers should consult qualified legal counsel regarding their individual circumstances.
Lindsay Rose is a Colorado Springs–based business attorney who focuses her practice on employment law and contract law primarily in the construction industry. With a background spanning litigation, trial work, corporate counsel, and public sector service, Lindsay delivers practical, solutions-driven guidance to help employers and businesses minimize legal risk while maximizing operational and financial success. She can be reached at lrose@fennemorelaw.com.