With amendments to the Colorado Equal Pay for Equal Work Act (the “Act”) set to take effect on January 1, 2024 (the “2024 Amendments”), the Colorado Department of Labor and Employment (“CDLE”) has started the process of updating its compliance guidance for employers. The first update comes in the form of a revised Interpretative Notice & Formal Opinion (“INFO”) #9, which the CDLE published on July 28, 2023.

As we previously reported, INFO #9 provides detailed instructions for employers seeking to comply with the Act and the CDLE’s Equal Pay Transparency Rules (the “EPT Rules”). The July 28 revisions keep the original instructions largely intact, with the CDLE only updating the first page of the document to provide a high-level overview of the 2024 Amendments, and to outline a rough timeline for further rulemaking and publishing updated guidance.

According to this timeline, employers should expect the CDLE to publish proposed rules implementing the 2024 Amendments by late September 2023 and then, following a public comment period, to publish the final updated EPT Rules by late fall 2023. Once the rulemaking process is complete, the CDLE will update INFO #9 yet again. Until that time, we will continue to monitor the CDLE for further updates.

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