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Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00129
CCR details
| Tracking Number |
2024-00129 |
| Type of Filing |
Permanent Rule |
| Department |
1100 Department of Labor and Employment |
| Agency |
1101 Division of Labor Standards and Statistics (Includes 1103 Series) |
| CCR Number |
7 CCR 1103-18 |
| CCR Title |
Posting, Screening, and Transparency (POST) Rules |
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Proposed rule
| Notice Filed with SOS |
03/15/2024 |
| Rule |
ProposedRuleAttach2024-00129.pdf |
| Additional Information |
AddInfoAttach2024-00129.pdf |
| Statutory Authority |
The Director is authorized to adopt and amend rules and regulations to enforce, execute, apply, and interpret Articles 1, 2, 4-6, of Title 8, C.R.S. (2024), and all rules, regulations, investigations, and other proceedings of any kind thereunder, by the Colorado Administrative Procedure Act, C.R.S. § 24-4-103, and provisions of C.R.S. §§ 8-1-107(2)(p), 8-1-103(3), 8-1-111, 8-2-126, 8-2-127, 8-2-130(5)(e), 8-2-131(5)(f), and 8-5-203. |
| Description of Subjects/Issues |
There are now five laws the Division covers on what employers can, can’t, must, or must not include in job postings or applications — collectively, the Posting, Screening, & Transparency Acts (the “POST Acts”).
To streamline the rules that enforce and implement the POST Acts, the Division’s newly proposed rules are one rule set that combines the rules on all five POST Acts — that is, to provide one rule set, rather than five, for employers and employees. This new rule set, the Posting, Screening, & Transparency Rules (“POST Rules”), 7 CCR 1103-18, merges and replaces the rules on the existing four POST Acts (#1-4 below), and adds new JAFA-related rules (#5 below) — specifically:
1. The Equal Pay Transparency (“EPT”) Rules (7 CCR 1103-13);
2. The Colorado Chance to Compete Act (“Ban the Box”) Rules (7 CCR 1103-9);
3. The Social Media and the Workplace Law Rules (7 CCR 1103-5);
4. The Employment Opportunity Act (“Credit History”) Rules (7 CCR 1103-4); and
5. New rules related to the Job Application Fairness Act (“JAFA”).
The POST Rules replace existing rule sets 1-4 above, with no substantive changes intended, other than technical updates — for example, assuring that the previously separate complaint, investigation, and appeal procedures for all five POST Acts are the same, to the maximum extent permitted by the Acts and the Colorado Administrative Procedure Act. |
| Purpose/Objective of Rule |
There are now five laws the Division covers on what employers can, can’t, must, or must not include in job postings or applications — collectively, the Posting, Screening, & Transparency Acts (the “POST Acts”). To streamline the rules that enforce and implement the POST Acts, the Division’s newly proposed rules are one rule set that combines the rules on all five POST Acts — that is, to provide one rule set, rather than five, for employers and employees. This new rule set, the Posting, Screening, & Transparency Rules (“POST Rules”), 7 CCR 1103-18, merges and replaces the rules on the existing four POST Acts (#1-4 below), and adds new JAFA-related rules (#5 below) — specifically: 1. The Equal Pay Transparency (“EPT”) Rules (7 CCR 1103-13); 2. The Colorado Chance to Compete Act (“Ban the Box”) Rules (7 CCR 1103-9); 3. The Social Media and the Workplace Law Rules (7 CCR 1103-5); 4. The Employment Opportunity Act (“Credit History”) Rules (7 CCR 1103-4); and 5. New rules related to the Job Application Fairness Act (“JAFA”). The POST Rules replace existing rule sets 1-4 above, with no substantive changes intended, other than technical updates — for example, assuring that the previously separate complaint, investigation, and appeal procedures for all five POST Acts are the same, to the maximum extent permitted by the Acts and the Colorado Administrative Procedure Act. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00129.pdf
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| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
SB 23-058
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| Hearing Date |
04/16/2024 |
| Hearing Time |
03:30 PM |
| Hearing Location |
Virtual (By internet, https://meet.google.com/nmo-ewkq-nnx; By phone: (US) +1 478-412-6194, pin: 208 811 927# |
| Contact Name |
Michael Primo |
| Contact Title |
Rule Coordinator |
| Contact Telephone |
303-318-8462 |
| Contact email |
CDLE_LaborStandardsRules@state.co.us |
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Adopted rule
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