Colorado Pay Transparency Law (EPEW Act): Employee Rights Guide (2026)

Quick Answer: Colorado's Equal Pay for Equal Work Act (EPEW Act) requires employers to post salary ranges in every job listing, notify current employees of career progression opportunities before or on the day a position is posted, and disclose benefits information alongside compensation. These rules apply under C.R.S. § 8-5-101 et seq. Employers who violate the law face penalties of $500 to $10,000 per posting. You can file a complaint with the Colorado Department of Labor and Employment (CDLE) or pursue a private lawsuit.

Colorado's pay transparency law is one of the strongest in the country. Understanding it can directly affect your negotiating power and your legal options if an employer breaks the rules.

What Is Colorado's Pay Transparency Law?

Colorado enacted Senate Bill 19-085 in 2019. The law, commonly called the Equal Pay for Equal Work Act (EPEW Act), took effect on January 1, 2021. It has two distinct goals.

The first goal is pay equity: prohibiting employers from paying employees differently based on sex or gender identity for substantially similar work. That side of the law is covered in detail in our guide to Colorado equal pay rights.

The second goal is pay transparency: requiring employers to disclose compensation information so workers can make informed decisions and identify potential pay discrimination. This article focuses entirely on the transparency requirements.

In 2023, the Colorado General Assembly passed House Bill 23-1003, which significantly amended the transparency rules. The amendments took effect on January 1, 2024, and they expanded notice obligations, clarified remote-work rules, and strengthened enforcement mechanisms.

The relevant statutes are found at C.R.S. § 8-5-101 through § 8-5-123. The Colorado Division of Labor Standards and Statistics, a branch of CDLE, administers and enforces these provisions.

Job Posting Salary Range Requirements

What Every Job Posting Must Include

Under C.R.S. § 8-5-201, every job posting for a Colorado position must disclose:

• Compensation: The hourly rate, salary, or hourly/salary range the employer genuinely expects to pay for the role
• Benefits: A general description of any bonuses, commissions, profit-sharing, and other forms of compensation, as well as benefits such as health insurance, retirement contributions, paid leave, and other significant perks
• Position description: A description of the job, sufficient for a candidate to understand the role

The salary range must be a good-faith estimate. Employers cannot post an artificially narrow or wide range just to avoid disclosing their actual budget. CDLE guidance makes clear that ranges must reflect what the employer genuinely contemplates paying.

What "Compensation Range" Means in Practice

Many job seekers wonder whether "compensation range" means base salary only. Under CDLE rules, the required disclosure covers:

• Base hourly rate or annual salary range
• Anticipated commission if the role is commission-based
• Bonus potential, if a bonus is a regular part of the compensation structure

It does not require itemizing every possible form of compensation. But if bonuses or commissions represent a significant portion of earnings, they must appear in the posting.

Postings Without a Pay Range Are Illegal

If you see a Colorado job posting that says "salary commensurate with experience," "DOE," or simply omits pay entirely, that is a violation of the EPEW Act. You can report it to CDLE.

This is worth knowing even if you are not applying for the job. Third parties and advocacy organizations can file complaints on behalf of affected workers or the public.

Career Progression Opportunity Notices

The Rule That Often Surprises Employers

One of the most significant—and most frequently violated—provisions of the EPEW Act is the career progression opportunity notice requirement under C.R.S. § 8-5-201(2).

Before or on the same day that an employer posts a job opening to the public, it must notify all current Colorado employees who are eligible for consideration. This includes:

• Promotions within the same department
• Lateral moves to different teams
• New positions created within the organization
• Any other opportunity that represents a career advancement or change

HB 23-1003 expanded the original "promotion opportunity" language to cover all job opportunities, not just promotions. If a position opens up anywhere in your employer's Colorado operations, you should receive notice before or when that opening is announced to the outside world.

What the Notice Must Contain

The internal notice must include:

• The position title and a description of the job
• The compensation range (same information required in public postings)
• Benefits information
• Instructions on how to apply or express interest

Posting it on a company intranet, an internal job board, or sending a company-wide email all satisfy the requirement, as long as all eligible employees can realistically see it.

Why This Matters to You

Before HB 23-1003, it was common for managers to quietly promote favored employees without giving other qualified workers a chance to apply. The law now gives you a legally enforceable right to know about opportunities before they are filled.

If your employer filled a role without notifying current employees, that is a standalone violation—separate from any pay equity claim. Document when you found out about the opportunity and when it was filled. That timeline matters for a complaint or lawsuit.

Remote Job Posting Rules

The "Colorado Carveout" Problem

After the EPEW Act took effect in 2021, some large national employers responded by simply excluding Colorado from remote job postings. Rather than disclose salary ranges, they added language like "this role is not available to candidates in Colorado."

CDLE addressed this directly in regulations and HB 23-1003 clarified the standard: if a position can be performed remotely from Colorado, the employer must comply with Colorado's pay transparency requirements when posting that job, regardless of whether the employer is headquartered elsewhere.

In other words, a company based in New York cannot avoid the law by labeling a fully remote position as "open to all states except Colorado."

What This Means for Remote Workers

If you are a Colorado resident and you see a remote job posting that excludes Colorado applicants without a legitimate operational reason, the employer may be circumventing the EPEW Act. You can report this to CDLE at cdle.colorado.gov.

This rule also benefits you during negotiations. Since Colorado employers must post real salary ranges, you have reliable data on what the market is paying before you ever speak to a recruiter.

Employer Recordkeeping Obligations

What Employers Must Preserve

Under C.R.S. § 8-5-202, employers must maintain records for the duration of employment plus two years after separation. Required records include:

• Job descriptions for every position
• Wage rates and the history of wage changes for each employee
• Documentation of the factors used to determine compensation

How This Benefits You in a Dispute

If you believe you were paid less than a similarly situated colleague, these records become critical evidence. When you file a complaint with CDLE or pursue a lawsuit, the employer is required to produce this documentation. The two-year post-employment window means former employees can still access these records if they file in time.

How to Use Pay Transparency Information

During a Job Search

Colorado's law gives job seekers a significant advantage. Before you apply, you know the employer's stated range. Use this to:

• Filter out roles that do not meet your minimum requirement before investing time in interviews
• Anchor your salary negotiation around the top of the posted range, not the midpoint
• Compare offers across employers more objectively

If an employer offers you a salary significantly below the posted minimum of their range, ask them to explain the discrepancy. Under the good-faith requirement, they are supposed to post ranges they actually intend to pay.

As a Current Employee

If you discover that a new hire in your same role is being paid more than you, the pay transparency law works together with the pay equity provisions. You can:

1. Ask your employer directly about the difference
2. Request your job description and compensation documentation under CDLE's records provisions
3. Compare your pay to the posted salary range for your own role
4. File a complaint if you believe the disparity is based on sex or gender identity

For more detail on proving a pay equity claim, see our guide to Colorado workplace discrimination.

Penalties for Employer Violations

Administrative Penalties

CDLE can assess civil penalties under C.R.S. § 8-5-103 for violations of the transparency provisions:

• $500 to $10,000 per job posting that omits required salary or benefits information
• $500 to $10,000 per failure to provide required career progression opportunity notices
• Each violation is assessed separately, so a company with 20 non-compliant postings could face up to $200,000 in penalties

Private Lawsuit Damages

Beyond administrative penalties, an employee harmed by a transparency violation—such as someone who missed out on a career opportunity because they were not notified—may pursue a civil lawsuit seeking:

• Actual damages (lost wages, lost benefits, other economic harm)
• Compensatory damages for emotional distress in some circumstances
• Attorney's fees and court costs if you prevail
• Reinstatement if the violation was connected to an unlawful demotion or termination

The statute of limitations for bringing a civil claim is two years from the date of the violation, or three years if the violation was willful. Acting promptly is important.

How to File a Complaint with CDLE

Step 1: Gather Documentation

Before you file, collect:

• A copy of the job posting (screenshot with date and URL)
• Any internal communications about the position or compensation
• Your own employment records (offer letter, pay stubs, performance reviews)
• A timeline of events, including when you learned about a career opportunity versus when it was filled

Step 2: File with the Division of Labor Standards and Statistics

You can file a pay transparency complaint through CDLE:

• Online: cdle.colorado.gov (complaint submission portal)
• Phone: 303-318-8441
• Mail: Colorado Division of Labor Standards and Statistics, 633 17th Street, Suite 201, Denver, CO 80202

CDLE accepts complaints from current employees, former employees, job applicants, and in some cases, third parties reporting non-compliant postings.

Step 3: The Investigation Process

After receiving your complaint, CDLE will:

1. Review the documentation you submitted
2. Notify the employer of the complaint
3. Request the employer's records, including job descriptions and wage histories
4. Conduct interviews if necessary
5. Issue a determination, typically within 60 to 90 days for straightforward cases

If CDLE finds a violation, it may impose civil penalties and order remediation, including back pay if applicable.

Step 4: Consider a Private Lawsuit

You do not have to go through CDLE before filing a lawsuit. You can pursue a civil action directly in Colorado state court. However, consulting with an employment attorney before deciding which route to take is advisable, as the two paths have different timelines, discovery tools, and potential outcomes.

Retaliation Protection

What the Law Prohibits

Your employer cannot retaliate against you for:

• Asking about pay ranges or questioning why the posted range differs from what you were offered
• Requesting information about your own compensation history
• Filing a complaint with CDLE or cooperating with a CDLE investigation
• Discussing pay with coworkers (protected separately under the EPEW Act's pay discussion provisions)
• Participating in a lawsuit related to the EPEW Act

Retaliation can include termination, demotion, reduction in hours, unfavorable scheduling, or any other materially adverse employment action taken because of protected activity.

If You Face Retaliation

Document everything. Note the dates and nature of any adverse actions and the timeline relative to your protected activity. File a separate retaliation complaint with CDLE or include retaliation claims in a civil lawsuit. Retaliation damages can include reinstatement, back pay, and additional compensatory damages on top of any transparency violation damages.

For more information on retaliation protections, see our broader guide to Colorado wages and hours law.

Key Amendments: HB 23-1003 (Effective January 1, 2024)

HB 23-1003 made several important changes that every Colorado worker should understand:

The 2024 amendments represent CDLE and the legislature closing loopholes that had emerged in the first three years of the law's operation. If you were affected by a violation that occurred before January 1, 2024, earlier (narrower) rules apply. Consulting an attorney to determine which version of the law governs your situation is recommended.

Frequently Asked Questions

Does every Colorado job posting need to include a salary range?

Yes. Under C.R.S. § 8-5-201, all job postings for Colorado positions—whether posted on a company website, a job board, or internally—must include the compensation or compensation range, a description of benefits, and a description of the position. There are no exceptions based on company size.

What if I applied for a job and the employer offered me less than the minimum of the posted range?

This is a significant red flag. The employer is required to post a good-faith range—meaning they must actually intend to pay within that range. If they offer below the minimum, ask for a written explanation. The discrepancy could support a complaint to CDLE or inform a pay equity claim, particularly if you belong to a protected class. Learn more about Colorado equal pay protections.

Does my employer have to tell me about internal job openings?

Yes. Before or on the same day the employer posts a position publicly, it must notify all current Colorado employees who are eligible for consideration. Failure to do so is a separate EPEW Act violation, regardless of whether the employer also complied with the public posting requirements.

Can a remote employer based in another state ignore Colorado's pay transparency law?

No, not if the position can be performed remotely from Colorado. HB 23-1003 clarified that employers must comply with Colorado's transparency requirements for any role that is geographically open to Colorado residents, even if the employer has no physical presence in the state.

How long do I have to file a complaint?

You have two years from the date of the violation to file a complaint with CDLE or a civil lawsuit. If the violation was willful, the window extends to three years. Do not wait—evidence becomes harder to gather over time and deadlines are strictly enforced.

Is discussing my salary with coworkers protected?

Yes. The EPEW Act explicitly protects your right to discuss, compare, and share pay information with coworkers. Your employer cannot discipline, demote, or fire you for participating in pay discussions. This right exists independently of whether you are also pursuing a pay equity claim.

Related Topics

• Colorado Wages and Hours Law
• Colorado Equal Pay for Equal Work Act: Pay Equity Rights
• Colorado Workplace Discrimination
• Colorado Workplace Retaliation

Get Help With Your Pay Transparency Claim

If your employer posted a job without a salary range, failed to notify you of an internal opportunity, or retaliated against you for asking questions about pay, you may have a viable legal claim. An employment attorney can review your situation, advise you on whether to file with CDLE or proceed directly to court, and help you gather the evidence needed to support your complaint.

Understanding your rights is the first step. Taking action is the next one.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.

For official information:

• Colorado Division of Labor Standards and Statistics: cdle.colorado.gov | 303-318-8441
• Colorado Equal Pay for Equal Work Act statute: C.R.S. § 8-5-101 et seq.