Colorado can fine an employer $500 to $10,000 for each violation under the Equal Pay for Equal Work Act, according to Colorado General Assembly. Massachusetts uses wage data reports, and according to The General Court of the Commonwealth of Massachusetts, the state secretary submits those reports to the executive office of labor and workforce development by April 1. The same Massachusetts section names the attorney general as the office with "the exclusive jurisdiction to enforce this section," so enforcement in that state is assigned to one named office.
Key takeaways
- Colorado fine range: the director is authorized to enforce actions that include fines of between $500 and $10,000 for each violation, according to Colorado General Assembly.
- Colorado civil action: an aggrieved person may bring a civil action in district court, according to Colorado General Assembly.
- Massachusetts wage data reports: the source defines the term as an EEO–1, EEO–3, EEO–4 or EEO–5 data report, according to The General Court of the Commonwealth of Massachusetts.
- Massachusetts reporting date: the state secretary submits wage data reports by April 1, according to The General Court of the Commonwealth of Massachusetts.
- Massachusetts enforcement: the attorney general holds exclusive jurisdiction, and a violation is not construed to carry treble damages, according to The General Court of the Commonwealth of Massachusetts.
This page is a reading guide for four points, two from Colorado and two from Massachusetts. It does not replace the full text of either state's law, and it leaves the question of which employers are covered for you to settle with that text.
Who these rules reach
This guide is written for hiring managers and small staffing teams that post jobs and set pay in Colorado or Massachusetts. It covers the two states named in the title and no others. The Colorado sentence refers to "an employer," and the Massachusetts sentence refers to "covered employers." Read the full text of each law before deciding whether it applies to a given role, location or staffing arrangement.
Before posting, a team can write down which open roles sit in Colorado or Massachusetts and which people set the pay for each one. A short written scope makes it easier to see which of the four points below applies to which role, and it gives a reviewer a clear starting list.
Teams that set pay across several states may also find the multi-state pay compliance checks a useful companion. The points on this page cover less ground than a full review, so that companion page is the place to look for the wider picture.
Colorado fine range
The Colorado text, according to Colorado General Assembly, places the fine range inside the director's enforcement authority. It authorizes the director to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 for each violation.
The sentence states the range for each violation, and it names the director as the office authorized to enforce. Those two parts matter for planning. The word director identifies who may enforce, and the phrase for each violation identifies the unit the amount attaches to. What counts as a single violation is a question for the full text of the act.
The quoted sentence names pay and employment opportunities together, so a Colorado review should look at job postings as well as pay decisions. A review that covers only pay decisions would leave out the employment opportunities half of the sentence.
The bill's own description, reading from Colorado General Assembly, refers to creating the Equal Pay for Equal Work Act "in order to implement measures to prevent pay disparities." The fine range therefore sits inside a law aimed at preventing pay disparities. Do not assume a particular figure for any situation.
Because the range is written for each violation, a small team that posts several roles or makes several pay decisions in Colorado should count each item separately. A separate count gives a reviewer a concrete list to compare against the range. Treat any count as a working aid and not as a legal test.
Illustrative example: counting items
A team with 10 Colorado postings and 5 pay decisions keeps a separate line for each item, so a reviewer can compare the full list with the range. The counts here are made up for illustration; they do not show how a violation is counted or what any fine would be.
A dated log of each Colorado posting and each pay decision lets a team rebuild that count later. That habit is a practical suggestion from this guide.
Colorado civil action
The Colorado text also addresses civil action, and according to Colorado General Assembly, the sentence reads: "An aggrieved person may bring a civil action in district court to pursue remedies specified in the act."
The sentence names the person who may bring the action, an aggrieved person, and the court where it may be brought, a district court. A team should not assume a definition of aggrieved person from that sentence alone.
The bill title, according to Colorado General Assembly, reads "Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules." That list places civil action beside enforcement.
For a hiring team, the phrase "employment announcements required" in that title points to job postings as one subject of the act. Read the act itself before deciding how the posting rules apply to a specific role.
The phrase "pursue remedies specified in the act" points the reader to the act for the remedies themselves. A team that wants to know what a pay complaint could lead to should read the act's remedy provisions directly rather than rely on a summary.
A team can send any written pay complaint to one named reviewer on the same day it arrives. That reviewer can then pull the relevant job post and pay record, which keeps the complaint tied to the documents that show what was posted and paid.
Massachusetts wage data reports
The Massachusetts statute defines "Wage data report" as an EEO–1, EEO–3, EEO–4 or EEO–5 data report, according to The General Court of the Commonwealth of Massachusetts. The definition names four report types by their designations, so a team should identify which of those reports relate to its own workforce records.
The same source defines the EEO–1 data report in more detail, according to The General Court of the Commonwealth of Massachusetts: "a completed copy of all required components of an employer's Employer Information Report." A review of the file should therefore check that the copy holds every required component.
The timing sentence is separate from the definition. It reads, according to The General Court of the Commonwealth of Massachusetts: "Annually, not later than April 1, the state secretary shall submit to the executive office of labor and workforce development the wage data reports submitted by covered employers pursuant to section 32 of chapter 9."
The April 1 date is tied to the state secretary's submission. Do not assume a separate filing date for employers from this sentence.
The sentence also refers to reports "submitted by covered employers," which means the reports the secretary passes along start with the employers' own submissions. A team that keeps any of the four report types should therefore know whether its own filings feed into that process before it sets internal dates.
Place the April 1 date beside your own report dates, so the state's date and the team's internal dates can be compared in one view.
Massachusetts enforcement and damages
Massachusetts gives enforcement to the attorney general, according to The General Court of the Commonwealth of Massachusetts, in this sentence: "The attorney general shall have the exclusive jurisdiction to enforce this section and may obtain injunctive or declaratory relief for this purpose."
That sentence names two forms of relief the attorney general may obtain, injunctive relief and declaratory relief. The word "may" presents those as relief the attorney general can seek, not as a required step. Only the attorney general is named as enforcing this section.
The statute also addresses damages, according to The General Court of the Commonwealth of Massachusetts, in this sentence: "No violation of this section shall be construed to carry treble damages pursuant to section 150."
In plain terms, that sentence says a violation is not treated as carrying treble damages. The sentence refers to section 150, so read that section before drawing conclusions about what it covers.
Read together, the two sentences give a narrow picture: one enforcement office and a stated damages limit. The quoted sentences name no other penalties for this section. This guide did not review the full text, so teams that handle Massachusetts roles should send detailed questions to someone who can read it.
A file of any letters or notices about the section, kept with dates, gives a reviewer one place to check.
Records to keep
The points below are editorial recommendations rather than statute requirements.
A dated copy of each Colorado job post and the pay it states is a practical starting point. A useful file for each post holds the posting text, the pay figure stated, the date the post went live, and the name of the person who set that pay. Store it where hiring managers can search it. Check the full statute for any retention period before deciding how long to keep anything.
For each Massachusetts role, record which of the four report types the team relates to its workforce records. Pair that list with the EEO–1 completeness check described above, so the copy and the designation can be reviewed together.
For questions about past pay that applicants may raise, see the salary history questions page.
The table below pairs each publisher with the wording its sentence uses for the point it supports.
| Publisher | Point | Source wording |
|---|---|---|
| Colorado General Assembly | Fine range | "fines of between $500 and $10,000" |
| The General Court of the Commonwealth of Massachusetts | Report timing | "Annually, not later than April 1" |
Your next step is to check your job posts and EEO–1 report dates against these rules.
FAQ
How much can Colorado fine for each violation?
The range runs from $500 to $10,000 for each violation, according to Colorado General Assembly, and it sits within the director's authority to enforce actions. This guide does not predict an amount within that range. A team that wants to plan for the range can count its Colorado postings and pay decisions separately.
Can a person sue under Colorado's act?
An aggrieved person may bring a civil action in district court, according to Colorado General Assembly. The remedies are described in the act itself, so that is where to look.
What is a Massachusetts wage data report?
A wage data report is an EEO–1, EEO–3, EEO–4 or EEO–5 data report, according to The General Court of the Commonwealth of Massachusetts. The same definition describes the EEO–1 data report as a completed copy of all required components, so the copy should be checked for completeness.
Who enforces the Massachusetts section?
The attorney general holds "the exclusive jurisdiction to enforce this section," according to The General Court of the Commonwealth of Massachusetts. That sentence also allows injunctive or declaratory relief, and a separate sentence states that no violation of this section shall be construed to carry treble damages.