Salary Transparency Laws in Colorado: What Employers Must Disclose

Federal law does not mandate wage transparency or require employers to disclose salary ranges in job postings. The Equal Pay Act, 29 U.S.C. § 206, prohibits sex-based wage discrimination but does not require proactive disclosure of compensation. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., sets minimum wage and overtime requirements but similarly does not mandate pay transparency. The National Labor Relations Act, 29 U.S.C. § 151 et seq., protects employees' right to discuss wages, but does not require employers to disclose ranges.

Federal enforcement focuses on investigating complaints of discrimination or underpayment after employment begins. The EEOC investigates Equal Pay Act claims, while the Department of Labor enforces the FLSA. No federal agency currently enforces a general wage transparency requirement. Some municipalities and states (California, New York, Illinois, and others) have adopted salary range disclosure laws, but these are state-level initiatives. Colorado's law is part of a growing trend of state-level transparency mandates that exceed federal baseline protections.

Colorado Revised Statutes section 8-2-131 is significantly stronger than federal law and represents one of the most comprehensive salary transparency regimes in the nation. The statute requires employers to disclose the wage range (the minimum and maximum compensation) for all job positions in job postings and advertisements, including remote positions accessible to Colorado residents.

The law applies to all employers with one or more employee working in Colorado, regardless of total size. There is no employer-size threshold—even sole proprietors must comply if they advertise positions. This is broader than federal Equal Pay Act protections, which only apply to employers with 20 or more employees. Colorado's law covers all positions: entry-level, mid-career, executive, independent contractors, temporary positions, and contract workers. Internal transfers and promotions also trigger the disclosure requirement if the employer is filling the role through a posting process.

Unlike federal law, which focuses on complaint-driven enforcement after pay discrimination occurs, Colorado proactively requires transparency at the job-posting stage. The wage range must be based on the actual compensation the employer is willing to pay for the role, not a hypothetical range. Employers cannot use job titles, experience requirements, or education levels to justify different ranges for substantially similar work. This aligns Colorado's transparency law with its pay equity statute (C.R.S. § 8-2-130), which prohibits gender-based wage discrimination.

Remedies under Colorado law are civil penalties—not individual damages or back pay claims through the transparency statute alone. The Colorado Department of Labor and Employment (CDLE) enforces the law. Penalties are up to $500 per violation, with each day of noncompliance counting as a separate violation. An employer posting a position without a wage range for 10 days could face penalties up to $5,000. However, if the lack of transparency facilitates actual pay discrimination, the employee may have a separate claim under the Colorado Pay Equity Act or Title VII.

Colorado's salary transparency law has limited statutory exceptions. However, important nuances and edge cases include:

The law does not apply to positions filled through internal recruitment solely within a closed organization if there is no external posting or advertisement. If an employer verbally promotes from within without a written posting, the transparency requirement may not apply, though best practice is to disclose.

Positions filled outside Colorado for non-remote roles do not trigger disclosure if the employer has no Colorado office and the position does not permit remote work in Colorado. However, this exception is narrow—if a candidate can perform work from Colorado, the requirement applies.

The statute does not exempt executive, highly compensated, or specialized positions. Even C-suite roles, physicians, and engineers must include wage ranges. There is no salary threshold above which disclosure is waived.

Employers cannot claim trade secrecy or confidentiality as a defense to nondisclosure. Colorado public policy favors transparency over secrecy in wage-setting.

The law does not require employers to disclose benefits, bonuses, stock options, or other non-wage compensation—only the base wage or salary range. However, if the job posting mentions these elements, the employer must disclose what is included in the wage range (e.g., "$60,000–$75,000 base salary, exclusive of bonus").

Union-represented positions are not exempt, though collective bargaining agreements may set wage scales that employers must disclose.

Contractors and temporary workers also trigger the requirement if hired through a posting process by the employer.

Step 1: Document the Job Posting and Timeline. Take screenshots and save the URL of any job posting or internal promotion notice that lacks a wage range. Record the dates the posting was live. If you responded to the posting, save your application email and confirmation. Keep records of any communications with recruiters or HR about compensation that was withheld. Document the date you first applied and any follow-up inquiries about pay.

Step 2: Attempt an Internal Complaint (Optional but Recommended). Send a written email to your HR department or hiring manager documenting that the job posting did not include a wage range as required by Colorado law. State the job title, posting date, and ask the employer to disclose the wage range. Keep a copy of this email. The employer has no legal obligation to respond, but this creates a paper trail and may prompt voluntary compliance. If you are currently employed and concerned about retaliation, proceed cautiously or consult an attorney first.

Step 3: File a Complaint with the Colorado Department of Labor and Employment. Visit the CDLE website at www.colorado.gov/cdle and navigate to the Wage and Hour Section or use the online complaint form. Alternatively, mail a written complaint to: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, 633 17th Street, Suite 700, Denver, CO 80202-3660. Include the job title, employer name, job posting URL (or description), and the date(s) the posting was visible. Provide your contact information. There is no filing deadline—complaints can be filed at any time. However, filing promptly after discovering the violation strengthens your case.

Step 4: CDLE Investigation Process. After filing, the CDLE Wage and Hour investigator will contact the employer to verify the violation. The agency will request the job posting, wage range documentation, and any communications with applicants. The investigation typically takes 30–60 days, though complex cases may extend longer. The employer may argue the position was filled, but ongoing violations (e.g., re-posting without a range) demonstrate pattern violations. The CDLE will determine if a violation occurred and assess penalties. You will not receive direct updates, but you can contact the investigator for status. The agency does not award monetary compensation to individual applicants under the transparency law alone—only civil penalties to the state.

Step 5: Legal Consultation and Additional Remedies. If the employer's nondisclosure is part of broader pay discrimination based on gender, race, age, or disability, consult an employment attorney about claims under Colorado's Pay Equity Act (C.R.S. § 8-2-130) or Title VII of the Civil Rights Act. These claims may yield individual damages, back pay, and attorney fees. An employment attorney can also advise whether the employer's conduct violates other laws (e.g., retaliation statutes if you filed a complaint and faced adverse action). Contact the Colorado Civil Rights Division (CCRD) at www.colorado.gov/ccrd if discrimination is involved. An attorney can file a formal charge with CCRD and the EEOC simultaneously to preserve all remedies.