7 CCR 1103-13-4 - Posting and Notice Requirements

4.1 Job opportunity notices. Notices of job opportunities, including both those an employer "externally posts" (C.R.S. § 8-5-101 (5.5)(a)) and those to notify current employees (C.R.S. § 8-5-201(1)), must include information on compensation, benefits, and application processes, as specified in Rules 4.1.1-3. Employers must make reasonable efforts to notify current employees, as specified in Rule 4.1.4.

4.1.1 Contents. Employers must include the following information in each posting (C.R.S. § 8-5-201(2)):

(A) the hourly rate or salary compensation (or a range thereof) that the employer is offering for the position (subject to Rule 4.1.2);

(B) a general description of any bonuses, commissions, or other forms of compensation that are being offered for the job;

(C) a general description of all employment benefits the employer is offering for the position, including health care benefits, retirement benefits, any benefits permitting paid days off (including sick leave, parental leave, and paid time off or vacation benefits), and any other benefits that must be reported for federal tax purposes, but not benefits in the form of minor perks;

(D) the application deadline (subject to Rule 4.1.3); and

(E) how to apply for the job opportunity.

4.1.2 Pay ranges. A posted compensation range may extend from the lowest to the highest pay the employer in good faith believes it might pay for the particular job, depending on the circumstances. An employer may ultimately pay more or less than the posted range, if the posted range was the employer's good-faith and reasonable estimate of the range of possible compensation at the time of the posting.

4.1.3 Deadlines. Postings must include the deadline to apply, but:

(A) if there is no deadline because the employer accepts applications on an ongoing basis, the posting must say so, and a deadline need not be included; and

(B) a deadline may be extended as long as (1) the original deadline was a good-faith expectation or estimate of what the deadline would be, and (2) the posting is promptly updated when the deadline is extended.

4.1.4 Duties to notify employees. An employer is required to make "reasonable efforts" to "announce, post or otherwise make known each job opportunity to all employees on the same calendar day and prior to the date on which the employer makes a selection decision[.]" C.R.S. § 8-5-201(1).

(A) Exceptions and limitations on the duty to provide job opportunity notices:

(1) Career developments and career progressions are not "job opportunities" and therefore do not require job opportunity notices.

(2) Confidentiality. A job opportunity need not be posted to all employees if the employer has a compelling need to keep a particular opening confidential because the position is still held by an incumbent employee who, for reasons other than avoiding job posting requirements, the employer has not yet made aware they will be separated. If any employees are told of the opportunity, all employees must be told who either (a) meet the minimum qualifications or (b) have a job "substantially similar" (within the meaning of C.R.S. § 8-5-102 in the Act) to any employees being told of the opportunity. If the need for confidentiality ends before any deadline to apply for the job, the employer must then promptly comply with applicable posting requirements in the Act.

(3) Automatic promotion after trial period. No job opportunity posting to other employees is required for a promotion within one year of an employee being hired with a written representation (whether in an offer letter; in an agreement; or in a policy the employer publishes to employees) that the employer will automatically consider the employee for promotion to a specific position within one year based solely on their own performance and/or employer needs.

(4) Acting, interim, or temporary ("AINT") hires. No immediate job opportunity posting is required to fill a position on an AINT basis for up to nine months where:

(a) the AINT hiring is not expected to be permanent, and if the hire may become permanent, the required job opportunity posting must be made in time for employees to apply for the permanent position; and

(b) the same or a substantially similar position was not held any time in seven or more of the preceding twelve months by another AINT hire for which there was no job opportunity posting, except that if an AINT hire separates after more than seven months, from a position expected to last up to nine months, then a posting is not required for a replacement to finish their term.

(5) If an employer is only physically located outside of Colorado and has fewer than fifteen employees working in Colorado, all of whom work only remotely, then, through July 1, 2029, the employer is only required to provide notice of remote job opportunities.

(B) Methods. An employer makes "reasonable efforts" with any method(s) by which all covered employees (1) can access within their regular workplace, either online or in hard copy, and (2) are told where to find required postings or announcements. If a particular method reaches some but not all employees, such as an online posting not accessible to those lacking internet access, an alternative method shall be used for such employees.

(C) Qualifications. Employers must notify all employees of all job opportunities, and may not limit notice to those employees it deems qualified for the position, but may state that applications are open to only those with certain qualifications, and may screen or reject candidates based on such qualifications.

4.2 Post-selection notice. After a candidate is selected for a job opportunity, employers must provide information described in Rule 4.2.1, by the processes described in Rule 4.2.2, to employees with whom the employer intends the selected candidate to regularly work.

4.2.1 Contents. Employers must include the following information:

(A) the name of the candidate selected for the job opportunity;

(B) the selected candidate's former job title if selected while already employed by the employer;

(C) the selected candidate's new job title; and

(D) information on how employees may demonstrate interest in similar job opportunities in the future, including identifying individuals or departments to whom the employees can express interest in similar job opportunities.

4.2.2 Duties to notify employees. Within 30 calendar days after a candidate who is selected to fill a job opportunity begins working in the position, employers must make "reasonable efforts" (as defined in Rule 4.1.4(B)) to notify the employees with whom the employer intends the selected candidate to work with regularly of the information in Rule 4.2.1.

(A) "Work with regularly" means employees who, as part of their job responsibilities, either (1) collaborate or communicate about their work at least monthly, or (2) have a reporting relationship (i.e., supervisor or supervisee). Employers may comply by providing notice to a broader range of, or all, employees.

(B) Employers may comply with this Rule by providing post-selection notice either (1) of each individual selection, or (2) of multiple selections, as long as the notice is provided no later than 30 days after any selection(s) in the notice.

4.2.3 Non-disclosure rights.

(A) An employer shall not disclose a selected candidate's name and/or prior job title if:

(1) any applicable law (including an applicable, legally binding statute, rule, or order) requires not disclosing either (or both) of those items; or

(2) a selected candidate informs the employer (a) in writing, (b) on their own initiative (but employers may inform candidates of non-disclosure rights under this Rule), and (c) voluntarily (i.e., without pressure or coercion), that they believe disclosure of either (or both) of those items would put their health or safety at risk (but need not detail the health or safety risk).

(B) An employer shall still provide all other required post-selection information, even if under this rule it does not disclose a candidate's name or prior job title.

4.3 Geographic limits.

(A) The job opportunity notice, post-selection notice, and career progression notice requirements (C.R.S. § 8-5-201(1), (3), and (4), respectively) do not require notice to employees entirely outside Colorado.

(B) The compensation and benefits disclosure requirements (§ 201(2)) do not apply to postings (1) for jobs to be performed entirely outside Colorado, or (2) physically located entirely outside Colorado.

4.4 Career progression notices.

4.4.1 For positions with "career progression," an employer shall disclose and make available to all eligible employees (consistent with the methods for reasonable efforts in Rule 4.1.4(B)) the requirements for career progression, in addition to each position's terms of compensation, benefits, full-time or part-time status, duties, and access to further advancement.

4.4.2 "Eligible employees" are those in the position that, when the requirements in the notice are satisfied, would move from their position to another position listed in the notice as a "career progression."

Notes

7 CCR 1103-13-4

43 CR 23, December 10, 2020, effective 1/1/2021 46 CR 23, December 10, 2023, effective 1/1/2024