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.
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There has been a steady uptake of pay transparency legislation in recent months, with more planned in 2023 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 to any legislation as soon as reasonably practicable. While 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 posted in all job postings | Employers with 15 or more employees, with at least one working in California* | Between $100-$10k 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 | 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 beginning January 1, 2024 | Passed bill to require job listings to include an hourly rate or salary range. | Hawaii employers with 50 or more employees | January 1, 2024 | 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), $2500 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 then 10 employees must disclose upon request | TBD | HB 583 | |
| Maryland | Upon candidate request | Maryland employersct | In Effect | HB 123 | ||
| Massachusetts | N/A | Proposed bill to require salary ranges in job descriptions and for internal transfers/promotions. Must provide employee’s range upon request. | Employers with 15 or more employees in Massachusetts | First offense: warning; second offense: not more than $500; third offense: penalties increase | TBD | HD.2814 |
| 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 | |
| Nevada | After first interview | Nevada employers | In Effect | SB 293 | ||
| New York State | Salary Ranges and Job Descriptions required in job posting beginning in September 2023 | Employers with 4 or more employees | Up to $1k for first violation, up to $2k for second violation, and up to $3k for third and subsequent violations | September 17, 2023 | 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 $250k by the NYCCHR and law suit 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 Toldeo/Cincinnati | In Effect | Toledo Cincinnati |
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| Oregon | N/A | Proposed bill will require employers to post salary ranges, general description of benefits, and inform employees yearly of their salary ranges. | Oregon Employers | First violation: $1,000; subsequent violations shall increase by $1,000 not to exceed $10,000; civil law suit | 2-Jan-24 | SB 925 |
| 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 | RI 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 | |
| Washington | 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 $5k plus interest, costs, and reasonable attorney’s fees; AND civil penalties ranging from $500-$1000 per violation. | In Effect | SB 5761 | |
| Washington DC | N/A | Proposed bill would require employers of 25 employees or more employees to post salary ranges and schedule of benefits in job postings. | Employers with 25 or more employees in Washington D.C. (does not include federal employees) | 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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