Colorado Revised Statutes

Colo. Rev. Stat. § 8-5-101 (2026)

Definitions

✓ current as of July 2026
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As used in this article 5, unless the context otherwise requires:

(1) Repealed.

(1.3) "Career development" means a change to an employee's terms of compensation, benefits, full-time or part-time status, duties, or access to further advancement in order to update the employee's job title or compensate the employee to reflect work performed or contributions already made by the employee.

(1.5) "Career progression" means a regular or automatic movement from one position to another based on time in a specific role or other objective metrics.

(2) "Director" means the director of the division of labor standards and statistics.

(3) Repealed.

(4) "Employee" means a person employed by an employer.

(5) "Employer" means the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state.

(5.5) (a) "Job opportunity" means a current or anticipated vacancy for which the employer is considering a candidate or candidates or interviewing a candidate or candidates or that the employer externally posts.

(b) "Job opportunity" does not include career development or career progression.

(6) Repealed.

(7) "Liquidated damages" means damages to compensate an employee for the delay in receiving amounts due as a result of an employer's violation of this article 5. "Liquidated damages" does not constitute a penalty to the employer.

(8) "Sex" means an employee's gender identity.

(8.5) "Vacancy" means an open position, whether as a result of a newly created position or a vacated position.

(9) "Wage rate" means:

(a) For an employee paid on an hourly basis, the hourly compensation paid to the employee plus the value per hour of all other compensation and benefits received by the employee from the employer; and

(b) For an employee paid on a salary basis, the total of all compensation and benefits received by the employee from the employer.

Source: L. 55: p. 503, § 1. CRS 53: § 80-23-1. C.R.S. 1963: § 80-3-1. L. 69: p. 593, § 68. L. 86: (1) repealed, p. 502, § 125, effective July 1. L. 2016: (2) and (3) amended, (HB 16- 1323), ch. 131, p. 378, § 11, effective August 10. L. 2019: IP, (4), and (5) amended and (7), (8), and (9) added, (SB 19-085), ch. 247, p. 2412, § 3, effective January 1, 2021; (3)(b) and (6)(b) added by revision, (SB 19-085), ch. 247, pp. 2412, 2417, §§ 3, 9. L. 2023: (1.3), (1.5), (5.5), and

(8.5) added, (SB 23-105), ch. 347, p. 2079, § 1, effective January 1, 2024.

Editor's note: Subsections (3)(b) and (6)(b) provided for the repeal of subsections (3) and (6), respectively, effective January 1, 2021. (See L. 2019, pp. 2412, 2417.)

Cross references: For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.

Notes of Decisions
Cited in 12 cases (11 in the last 5 years), 2001–2026 · leading case: Lang v. Colorado Mental Health Inst. in Pueblo, 44 P.3d 262 (Colo. Ct. App. 2001).
Lang v. Colorado Mental Health Inst. in Pueblo, 44 P.3d 262 (Colo. Ct. App. 2001). “§ 8-5-101(5), C.R.98.2000 (including the state as an employer where no conflict with the state constitution exists).”
Weiss (D. Colo. 2026). · cites it 6× “ds Act (“FLSA”) (Claim One); violation of the Colorado Wage Act (“CWA”) (Claim Two); theft of services (Claim Three); retaliation under the FLSA (Claim Four); retaliation under the CWA and Colorado Overtime and Minimum Pay Standards Orders (“COMPS”) (Claim Five); and violation…”
Prkic v. Sezzle Inc. (D. Colo. 2025). · cites it 2× “Prkic’s third claim is for retaliation in violation of the Colorado Equal Pay for Equal Work Act, Colo. Rev. Stat. § 8-5-101 et seq., wherein she alleges that Sezzle terminated her after she complained she was not receiving compensation commensurate with the work she was…”
Beaver v. Amazon.com Servs. LLC (D. Colo. 2025). · cites it 2× “These inadequately developed additional claims include references to the Colorado Equal Pay for Equal Work Act, Colo. Rev. Stat. §§ 8-5-101 , et seq., the Equal Pay Act of 1963, 29 U.”
Beaver v. Amazon.com Servs. LLC (D. Colo. 2025). · cites it 2× “For example, Plaintiff cites to the Colorado Equal Pay for Equal Work Act, C.R.S. §§ 8-5-101, et seq., but fails to demonstrate any support for such a claim.”
Prkic v. Sezzle Inc. (D. Colo. 2025). · cites it 2× “§ 78u-6(h)(1)(A); violation of the Colorado Equal Pay for Equal Work Act (“EPEWA”), Colo. Rev. Stat. §§ 8-5-101 et 3 seq.; wrongful termination in violation of public policy; and breach of contract.”
Prkic v. Sezzle Inc. (D. Colo. 2025). · cites it 2× “In Count 3, Plaintiff alleges that Sezzle violated the Colorado Equal Pay for Equal Work Act (“EPEWA”), Colo. Rev. Stat. §§ 8-5-101 through 8-5-206, because she was paid “far less” than former Sezzle Deputy General Counsel Tim Joyce when she was reassigned some of his job…”
RMSM LTD, formerly known as Rotating Mech. Solutions Corp., RYAN MCGUIRE, & SCOTT MCGUIRE v. Indus. Serv. SOLUTIONS LLC (D. Colo. 2026). · cites it 2× “at 61-62 ; • Claim 8: Violation of Colorado’s Equal Pay for Equal Work Act (the “Equal Pay Act”), Colo. Rev. Stat. § 8-5-101 et seq.; id. at 62-63 ; • Claim 9: Breach of contract and breach of the covenant of good faith and fair dealing (Employment Agreements); id.”
Rmsm Ltd., f/k/a Rotating Mech. Solutions Corp., Ryan Mcguire, Scott Mcguire v. Indus. Serv. Solutions, LLC (D. Colo. 2026). · cites it 2× “, and Plaintiffs’ claim 8 seeks relief under the Colorado Equal Pay for Equal Work Act (“EPEWA”), Colo. Rev. Stat. § 8-5-101 , et seq. ECF No.”
In Re Bella Boe, Chloe Coe, Danielle Doe, & Gabriella Goe v. Child.'s Hosp. Colorado., 2026 CO 32 (Colo. 2026). · cites it 2× “(2025) (cemeteries); § 8-5-101, C.R.S. (2025) (wage equality); § 10-3-1104.”
Pritchett (Bankr.D. Colo. 2025). “§§ 8-5-101 et. seq. and provides for an award of economic damages and liquidated damages.”
Shaw (D. Colo. 2026). “§§ 8-5-101 et seq. Docket No. 1 at 5-7, ¶¶ 16-41.”
Colo. Rev. Stat. § 8-5-101(5): 1 case
Lang v. Colorado Mental Health Inst. in Pueblo, 44 P.3d 262 (Colo. Ct. App. 2001). “§ 8-5-101(5), C.R.98.2000 (including the state as an employer where no conflict with the state constitution exists).”
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