Stay Informed on U.S. Pay Transparency Legislation

States and municipalities are fighting to close the pay gap. One way they are doing this is by increasing pay transparency regulations for employers. While many states have already enacted salary history bans and Equal Pay laws, below we have provided information focused on disclosing salary ranges to candidates and internal hires either on the job posting or during the interview process. Here you can stay up to date with current transparency legislation in the United States and proposed legislation.

 

Pay Transparency Laws by State

 

There has been a steady uptick of pay transparency legislation in recent years, with more planned as momentum around pay equity continues to build. To help you stay up to date and successfully navigate changing regulations, we’ve compiled a comprehensive list of current and proposed transparency legislation in the United States in one spot.

Payscale will provide updates on any legislation as soon as reasonably practicable. Note also this is merely a reference guide, please ensure that you speak to your own legal counsel if you have any questions about the legislation below.

State Current Pay Transparency Legislation Requirement Future Requirement Who must comply? Penalties Effective Date Link to Bill
California Salary ranges must be included in all job postings Employers with 15 or more employees, with at least one working in California* Between $100-$10,000 per violation In effect SB 1162
Colorado Salary ranges and general description of benefits must be posted in all job postings Employers with at least 1 employee working in Colorado* Between $500-$10,000 per violation In effect Equal Pay for Equal Work Act
Connecticut Salary ranges must be provided upon candidate request or at offer (whichever is sooner) Proposed bill to require salary ranges in job postings Employers with at least 1 employee working in Connecticut In effect HB 5243
Hawaii Salary ranges required in job postings Hawaii employers with 50 or more employees In effect HI SB 1057
Illinois Salary ranges and a general description of benefits and other compensation required in job postings beginning January 1, 2025 Passed bill to require employers to disclose salary ranges in all job postings (internal and external) Employers with 15 or more employees, and the job will be performed (at least in part) in Illinois or the employee will report to a supervisor or office in Illinois $500 for first violation (14 days to cure violation), $2,500 for second violation (7 days to cure violation), $10,000 for third violation (no cure period) January 1, 2025 HB 3129
Maine N/A Proposed bill will require salary ranges in job postings Employers with 10 or more employees must post salary ranges; employers with less than 10 employees must disclose upon request TBD HB 583
Maryland Upon candidate request Proposed bill to require minimum and maximum hourly/salary range set in good faith for all job postings (internal/external) Employer posting a job that will be performed (at least in part) in Maryland or reports to a supervisor/job site/office in Maryland)* First violation: warning; second violation: $300/employee or applicant; subsequent violation: $600/employee or applicant Upon Candidate Request: In effect;
Pay Transparency: TBD
HB 123
HB0649
Massachusetts N/A Proposed bill to require salary/hourly range that the employer in good faith expects to pay for a role (internal/external postings). Must also provide pay range for a role to the employee holding that position. Employers with 25 or more employees in Massachusetts First offense: warning; second offense: not more than $500; third offense: penalties increase TBD S.2468
Michigan N/A Proposed bill to require employers to provide employees wage information of similarly situated employees no later than 30 days after the request Michigan employers TBD HB 4406
Minnesota N/A Proposed bill to require employees to provide the minimum to maximum hourly/salary and a general description of benefits Employers with 30 or more employees TBD TBD HF 3587
Nevada After first interview Nevada employers In effect SB 293
New Jersey N/A Proposed bill to require salary ranges in job postings and for internal transfers/promotions, and a general description of benefits in the job posting Employers with 10 or more employees over 20 calendar weeks and does business, employs persons, or takes applications for employment within New Jersey* First violation: $1,000; second violation: $5,000; subsequent violations: $10,000. TBD S2310
New York state Salary ranges required in job postings Employers with 4 or more employees Up to $1,000 for first violation, up to $2,000 for second violation, and up to $3,000 for third and subsequent violations In effect S.9427-A/A.10477
New York (NYC) Salary ranges must be posted in all jobs and promotions for jobs that can be performed in NYC Employers with 4 or more employees, with at least 1 working in NYC* Penalties up to $250,000 by the NYCCHR and lawsuit fees/costs In effect NYC Ordinance
New York (Ithaca) Salary ranges in job postings Employers with 4 or more employees In effect Ithaca Ordinance
New York (Westchester County) Salary ranges in job postings Any employer posting a job performed or can be performed in Westchester In effect Westchester Ordinance
Ohio Cincinnati and Toledo only: upon request or after conditional offer of employment is made (whichever is sooner) 15 or more employees in Toledo/Cincinnati In effect Toledo
Cincinnati
Pennsylvania N/A Proposed bill to require salary ranges in job postings Employers with 15 or more employees TBD HB 356
Rhode Island Upon candidate request Rhode Island employers In effect RI Equal Pay Law
Vermont N/A Proposed bill will require employees to disclose compensation or range of compensation to applicants and to employees who hold that position. Employers with 10 or more employees TBD H. 116
Virginia N/A Proposed bill to require salary ranges in job postings (including transfers/promotions) and salary history ban Virginia employers Damages between $1,000-$10,000 or actual damages. Plus civil penalties for violations: up to $1,000 for first violation; up to $2,000 for second violation; and up to $4,000 for a third and subsequent violations TBD HB 990
SB 370
Washington state Salary range and general benefits in job posting Employers with 15 or more employees, with at least one working in Washington* Civil actions for violations, greater of actual damages or $5,000 plus interest, costs, and reasonable attorney’s fees, AND civil penalties ranging from $500-$1,000 per violation In effect SB 5761
Washington, D.C. N/A Proposed bill would require employers with 25 or more employees to post salary ranges minimum to maximum salary/hourly pay that the employer in good faith believes they will pay for a role (includes promotions/transfers), inform candidate of the existence of healthcare benefits, and salary history ban. Employers with at least 1 employee working in Washington, D.C. (not including Federal/District employees)* Attorney General can investigate potential violations and employers may pay reasonable attorney’s fees and statutory penalties TBD B25-0194
Federal N/A Proposed bill to include the wage range in all job postings, provide wage ranges to applicants, and provide wage ranges to existing employees for their positions. Violations of the Salary Transparency Act would subject an employer to a civil penalty of $5,000 for a first violation, which could be increased incrementally by $1,000 for subsequent violations and ultimately capped at $10,000 per violation TBD HR 1599

*Employers who are hiring general remote work, must comply with this law if they have at least the minimum number of employees nationwide and 1 employee working in that state

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