Do you have to post a salary range in Colorado job postings?
Colorado's Equal Pay for Equal Work Act generally requires employers to list a pay range and a general description of benefits in postings for roles that could be performed in Colorado. The law has been amended, so confirm current rules.
Colorado was the first state to require pay ranges in postings. The Equal Pay for Equal Work Act generally requires employers with at least one employee in Colorado to disclose the expected pay range plus a general description of benefits and other compensation in the posting.
The law has been updated since it took effect, including how employers handle promotional opportunities. Confirm the current requirements for any role that could be performed in Colorado, including remote roles open to Colorado residents.
Risky phrasing
“Remote Marketing Manager (US), salary negotiable.”
Compliant rewrite
Remote Marketing Manager (US), $70,000–$85,000, plus health benefits and 401(k). (Colorado generally requires range and benefits; confirm current rules.)
The law at a glance
- Law
- Colorado Equal Pay for Equal Work Act (SB 19-085, amended by SB 23-105)Colo. Rev. Stat. § 8-5-101 et seq.; posting rules in Part 2, § 8-5-201; enforcement in § 8-5-203
- In effect
- January 1, 2021 (original posting rules); January 1, 2024 (SB 23-105 amendments)
- Who’s covered
- Generally all employers with at least one employee in Colorado — there is no minimum headcount beyond that single Colorado employee, which makes Colorado's coverage among the broadest of any state pay-transparency law.
- Penalties
- Fines can range from $500 to $10,000 per violation, imposed by the director of the Division of Labor Standards and Statistics at the Colorado Department of Labor and Employment (CDLE). Under the Division's current POST Rules (7 CCR 1103-18, effective July 1, 2024), each distinct non-compliant job posting generally constitutes a separate violation for remedy purposes — so one opening advertised through several non-compliant postings can multiply exposure. In practice, though, CDLE's published enforcement record suggests most matters resolve well short of maximum fines.
What that means for a posting
- Include the hourly rate or salary you expect to pay, or a good-faith range — the lowest to the highest pay you genuinely believe you might pay for that particular job.
- Add a general description of benefits and any other compensation — bonuses, commissions and similar pay — not just the base number.
- Since January 1, 2024, include the date the application window is expected to close. If you accept applications on an ongoing basis with no fixed deadline, the posting generally may say that instead, and a good-faith deadline can be extended if the posting is promptly updated.
- Make job opportunities known to your Colorado employees on the same calendar day you post externally, and before you select a candidate.
- Within 30 days after a hire or promotion starts, tell the employees the person will work with who was selected — generally the candidate's name and new job title, plus how to express interest in similar future openings.
- Avoid pay-free language: postings that say "salary negotiable," "DOE" or "commensurate with experience" without figures are generally treated as violations.
Remote and out-of-state postings
Under CDLE's INFO #9A guidance, a covered employer's posting is generally subject to the law if the work is tied to a Colorado location or is remote work performable anywhere — and stating that Colorado applicants will not be considered does not take a remote posting out of coverage. Postings for work performable only at non-Colorado worksites are generally excluded. If pay would vary by state, the posting should generally reflect the Colorado figures. A limited carve-out running through July 1, 2029 lets employers with no physical Colorado location and fewer than 15 remote Colorado employees give notice of remote job opportunities only.
How it’s actually enforced
Enforcement is complaint-driven: anyone aggrieved by a posting violation can generally file a complaint with CDLE's Division of Labor Standards and Statistics within one year of learning of it, and Colorado has been an active enforcer since 2021. That said, the numbers suggest most matters resolve short of large fines — one employment-law analysis reported that as of October 2024 CDLE had received about 1,747 transparency complaints but issued roughly 20 citations and collected about $238,000 in total fines. The Division also publishes detailed compliance guidance (INFO #9A, last revised May 2024) and can issue compliance orders rather than fines.
Common follow-ups
Does Colorado's law apply to remote jobs or out-of-state employers?+
Generally yes, if the employer has at least one employee working in Colorado. CDLE guidance treats a posting as covered when the work is tied to a Colorado location or is remote work that could be performed anywhere — and adding "Colorado applicants need not apply" does not remove a remote posting from coverage. Jobs performable only at worksites outside Colorado are generally excluded. Employers with no Colorado location and fewer than 15 remote Colorado employees have a narrower notice duty through July 1, 2029. Confirm your specific situation with counsel.
Do I have to disclose bonuses, commissions and benefits, or just a salary range?+
More than just the range. Colorado postings generally need a general description of benefits and any other compensation — bonuses, commissions and similar pay — alongside the good-faith salary or hourly figure. Since January 1, 2024, postings also generally need the date the application window is expected to close, unless applications are genuinely accepted on an ongoing basis and the posting says so.
Who enforces the law, and can applicants sue over a bad posting?+
The Division of Labor Standards and Statistics at the Colorado Department of Labor and Employment enforces the posting rules. Anyone aggrieved can generally file a complaint within one year of learning of a violation, and the director can impose fines of $500 to $10,000 per violation. Posting violations are generally handled through this administrative process; the Act's separate wage-discrimination provisions do allow employees to bring their own claims, with back-pay recovery extended to six years as of 2024.
Do internal promotions have to be posted with pay ranges?+
Generally, employers must make "job opportunities" known to Colorado employees — with the same pay, benefits and deadline information — on the same calendar day as any external posting and before selecting a candidate. Since January 1, 2024, routine "career progression" advancements are generally exempt from this posting duty. There is also a post-selection step: within 30 days, employees who will work with the selected candidate generally must be told the candidate's name and new job title.
Can I write "salary negotiable" or post a very wide range instead?+
Leaving pay out — "negotiable," "DOE," "commensurate with experience" — is generally treated as a violation in a covered posting. A range must be a good-faith one: the lowest to the highest the employer genuinely believes it might pay for that specific job. An artificially wide range risks not being viewed as good faith, so anchor it to what you would actually offer.
Has the law changed recently?+
Yes. SB 23-105 took effect January 1, 2024. It added the application-deadline disclosure, the post-selection notice, the career-progression exemption, the limited carve-out for out-of-state employers with small remote Colorado headcounts, and extended back-pay recovery for wage-discrimination claims from three to six years. CDLE's revised INFO #9A guidance (May 2024) and POST Rules (effective July 1, 2024) reflect these changes. As of this writing we found no further amendments to the posting rules, but confirm current requirements before relying on them.
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- Colorado Dept. of Labor & Employment — Equal Pay for Equal Work Act
- Colorado General Assembly — SB 19-085 (Equal Pay for Equal Work Act)
- Colorado General Assembly — SB 23-105 (Ensure Equal Pay for Equal Work)
- C.R.S. § 8-5-201 — statute text (Justia)
- CDLE — Adopted Posting, Screening, and Transparency Rules (POST Rules), 7 CCR 1103-18
- Littler — Colorado Amends Equal Pay Transparency Posting Requirements
- Jackson Lewis — Colorado Equal Pay Transparency Update: INFO #9A
- Gibson Dunn — CDLE's hard line on remote jobs that exclude Colorado applicants
- Investigations Law Group — Status of Colorado's EPEWA (Oct. 2024 enforcement data)
- CDLE — INFO #9A: Transparency in Pay and Job Opportunities (PDF)
Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.