Yes, but to avoid it, the employer must not have any employees in CO. The law applies for any position that can be done remotely, even if the employer does not intend to hire a CO resident, as long as the employer already has CO employees:
>Under EPT Rule 4.3 (A), the promotion posting requirements do not apply to employees who are entirely outside of Colorado. However, if a Colorado employer has a promotion opportunity available anywhere in the company, even outside of Colorado, its Colorado employees must be notified. Under EPT Rule 4.3(B), job postings and promotional opportunities do not need to include compensation information if the job will be performed entirely outside of Colorado or if the job is posted entirely outside Colorado (i.e., not on the internet).
>INFO #9 instructs that the out-of-state exception applies “narrowly,” only where the job is tied to non-Colorado worksites (e.g., waitstaff at restaurants outside Colorado). Therefore, postings for remote positions that can be performed anywhere are subject to the EPEWA’s requirements, even if the posting states that Colorado applicants won’t be accepted. However, a non-Colorado job that may include “modest” travel to Colorado is still considered an out-of-state job not subject to the transparency requirements.
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>Under EPT Rule 4.3 (A), the promotion posting requirements do not apply to employees who are entirely outside of Colorado. However, if a Colorado employer has a promotion opportunity available anywhere in the company, even outside of Colorado, its Colorado employees must be notified. Under EPT Rule 4.3(B), job postings and promotional opportunities do not need to include compensation information if the job will be performed entirely outside of Colorado or if the job is posted entirely outside Colorado (i.e., not on the internet).
>INFO #9 instructs that the out-of-state exception applies “narrowly,” only where the job is tied to non-Colorado worksites (e.g., waitstaff at restaurants outside Colorado). Therefore, postings for remote positions that can be performed anywhere are subject to the EPEWA’s requirements, even if the posting states that Colorado applicants won’t be accepted. However, a non-Colorado job that may include “modest” travel to Colorado is still considered an out-of-state job not subject to the transparency requirements.