Federal Pay Transparency Regulations

At the federal level, there is no general law mandating salary ranges in all job postings. However, several regulations and guidelines promote pay transparency and equity:

Right to Discuss Wages

Under the National Labor Relations Act, most private-sector employees have the right to discuss their wages or salaries with coworkers or others. An employer cannot forbid or retaliate against employees for talking about their pay (nlrb.gov). This applies whether or not a workplace is unionized, as pay discussions are considered a form of “concerted activity” protected by federal law.

Equal Pay and Anti-Discrimination

The federal Equal Pay Act of 1963 (enforced by the EEOC) requires that men and women receive equal pay for equal work. Title VII of the Civil Rights Act also prohibits pay discrimination based on race, sex, or other protected traits. While these laws don't require salary disclosures, they underpin many state transparency efforts aimed at identifying and preventing unjustified wage disparities.

Federal Contractors (Pay Transparency Rule)

Since 2016, federal contractors and subcontractors have been prohibited from having pay secrecy policies. Executive Order 13665 (amending EO 11246) and its implementing rules bar contractors from discriminating against employees or applicants for inquiring about, discussing, or disclosing their own or others' pay (dol.gov). Contractors must include a Pay Transparency Nondiscrimination provision in employee handbooks and job postings, affirming workers' rights to share pay information. This rule covers any business that does work with the U.S. government.

EEOC Pay Data Collection

In 2019, the Equal Employment Opportunity Commission collected pay data (by race, gender, and job category) from large employers as part of the EEO-1 report to identify pay gaps. This was a one-time collection and is not ongoing, but it reflects a federal effort to gather transparency data on compensation. The EEOC has also issued guidance supporting salary transparency practices (for example, cautioning that relying on a candidate's past salary can perpetuate pay inequality). Federal law does not yet ban salary history questions nationwide, but many states have done so to complement pay range disclosure requirements.

Pending Federal Legislation

Congress has considered measures like the Paycheck Fairness Act, which among other things would ban employers from asking about salary history and protect workers who discuss wages (bclplaw.com). The Act would also encourage transparency (for instance, by making it unlawful to retaliate against employees who share pay info). As of now, these federal bills have not been enacted. Therefore, pay transparency rules are being driven primarily by state and local laws.

State Pay Transparency Laws

A growing number of states have enacted laws requiring employers to disclose salary information to job applicants or employees. The scope of these laws varies. Some states mandate that salary ranges be included in all job postings, while others require disclosure only upon request or at a certain stage of the hiring process. Many states also include anti-retaliation provisions to protect workers who ask about or share wage information. Below is a breakdown of key state laws (with jurisdiction, company size thresholds, and major requirements):

States Requiring Salary Range in Job Postings

Several states now require that any job advertisement or posting include the expected pay range for the position. These laws typically apply to employers over a certain size and cover jobs that will be performed in that state (including remote roles that could be done by a resident of the state).

California

Pay Transparency for Pay Equity Act (SB 1162) – Effective January 1, 2023, California law (Labor Code §432.3) requires employers with 15 or more employees to include the pay scale for a position in any job posting (dir.ca.gov). (At least one of the 15 employees must be located in California for the rule to apply (dir.ca.gov).) The “pay scale” is defined as the salary or hourly wage range the employer reasonably expects to pay for the job (dir.ca.gov). If a position's pay is a fixed amount (single rate), that amount can be stated instead of a range. The law covers any job posting that could be filled by a worker in California, whether in-person or remote (dir.ca.gov). Notably, if a company has the required 15 employees (with 1 in CA), the posting must include the range even if the job could also be filled outside California (calmatters.org).

Employers must directly list the salary range in the job ad – linking to an external source or a QR code is not compliant (dir.ca.gov). California does not require listing additional benefits in the posting (only the base wage range) (dir.ca.gov). However, the law also gives employees the right to request the pay scale for their current position, which employers must provide on request (dir.ca.gov). Enforcement: Applicants or employees can file a complaint with the Labor Commissioner for violations. California also imposes separate pay data reporting requirements: employers with 100+ employees must report aggregate pay data by gender, race, and job category to the state annually (calcivilrights.ca.gov) (to identify pay gaps), but this reporting is handled by the Civil Rights Department and is distinct from the job-posting transparency rules (calcivilrights.ca.gov).

Colorado

Equal Pay for Equal Work Act – Since January 1, 2021, Colorado law has required employers to include compensation information in job postings. All employers in Colorado (no explicit minimum size in the statute) must post a “salary or hourly wage range” for the position and a general description of benefits (colorado.gov). This includes any posting for a job to be performed in Colorado, including remote jobs that could be done from Colorado (payequityadvisor.com). The range must be a good-faith estimate from lowest to highest pay the employer reasonably expects to offer. Open-ended phrases (e.g., “$30,000 and up” or “up to $60,000”) are not allowed (payequityadvisor.com). Colorado also requires posting a general description of benefits and other compensation (like bonuses or commissions) with the job listing (colorado.gov). Enforcement: The state can fine employers $500 to $10,000 per violation for failing to disclose pay ranges.

Washington

Equal Pay and Opportunities Act (EPOA) Amendments – Since January 1, 2023, Washington state requires employers with 15 or more employees to disclose salary information in job postings (lni.wa.gov). Each public job posting must include (1) the wage scale or salary range for the position, and (2) a general description of all benefits and other compensation offered (e.g. health benefits, retirement, bonuses) (lni.wa.gov). This applies to any employer “engaging in business in Washington” or recruiting for jobs that could be filled by a Washington-based employee (lni.wa.gov (PDF)). In other words, if the job could be performed in Washington (including remote roles open to Washington residents), the posting needs to have the pay range (lni.wa.gov (PDF)).

Employers cannot evade the requirement by stating that they won't accept Washington applicants (lni.wa.gov (PDF)). (Jobs truly performed entirely outside Washington are exempt, e.g. a posting for an on-site job in another state, but this exception is narrow (lni.wa.gov (PDF)).) Washington had a pre-2023 rule that required providing pay ranges upon request after an offer; the 2023 amendment strengthened this to mandate upfront disclosure in the posting (bclplaw.com). Enforcement: An applicant or employee can file a complaint with the Department of Labor & Industries or bring a civil action. Penalties for non-compliance can include fines ($500 for first offense, $1,000+ for repeat offenses) and damages such as actual damages plus additional penalties (bclplaw.com).

New York (State)

Salary Transparency Law (Labor Law §194-b) – Effective September 17, 2023, New York State requires employers with 4 or more employees to disclose compensation ranges in job advertisements (dol.ny.gov). For any job, promotion, or transfer opportunity that will be physically performed (at least in part) in New York, the employer must include the minimum and maximum annual salary or hourly rate they in good faith believe at the time of posting they would pay for the position (dol.ny.gov (FAQ)). If the position can or will be performed outside New York but reports to a supervisor or office in New York, the posting must also include the pay range (dol.ny.gov (FAQ)). (This means fully remote jobs are covered if the team or boss is based in NY, though state guidance gives some nuanced examples – e.g. one FAQ says a remote job reporting to NY leadership might be exempt if the company has no New York presence (dol.ny.gov (FAQ)). In general, roles with a tangible connection to NY are covered, whereas an out-of-state company with no ties to NY might not be.)

The law also requires posting a job description if one exists for the position (dol.ny.gov), and if a job is commission-based the posting must state that clearly (dol.ny.gov). New York's threshold of 4 employees means it covers most businesses (it mirrors the state Human Rights Law threshold). Notably, the law prohibits retaliation against employees or applicants who ask about or complain of a posting's pay information (dol.ny.gov). Enforcement: Individuals can file complaints with the NY Department of Labor. The NY DOL can issue fines for violations. (New York City and some counties had passed similar ordinances earlier – see local laws below – but the new state law generally supersedes those, creating a uniform rule across New York.)

Hawaii

Act 203 (2023) – Effective January 1, 2024, Hawaii requires private employers with 50 or more employees to disclose “the hourly rate or salary range” in any external job listing (labor.hawaii.gov (PDF)). The range should reasonably reflect the actual expected compensation for the position. This applies to any employer that has 50+ employees (the law does not specify that they all must be in Hawaii) (labor.hawaii.gov (PDF)). The requirement is for external job postings only – it does not apply to internal promotions or transfers within a company (labor.hawaii.gov (PDF)). An exception is made for public employee positions (government jobs covered by collective bargaining agreements need not include salary in the post) (labor.hawaii.gov (PDF)).

Hawaii already had a salary history ban in effect (since 2019) making it illegal to ask an applicant's prior pay (labor.hawaii.gov (PDF)). With the new law, Hawaii joins other states in mandating upfront transparency for new hires. Enforcement: The Hawaii Civil Rights Commission can enforce this as part of the state's anti-discrimination laws (HRS §378). Penalties may include fines or other relief, and the law includes anti-retaliation protections.

Illinois

Equal Pay Act Amendments (HB 3129) – Effective January 1, 2025, Illinois employers with 15 or more employees must include the pay scale and benefits for a job in any posting for that position (labor.illinois.gov). This requirement applies to job postings seeking external candidates and to any advertisements for positions (it also extends to positions offered to current employees, ensuring internal candidates know the range). The law covers employers with 15+ employees anywhere (as long as the job is in Illinois or the employer is in Illinois). It was passed in 2023 as an amendment to the Illinois Equal Pay Act (labor.illinois.gov). The posting must list a wage or salary range that the employer reasonably expects to pay, as well as a general description of benefits.

Additionally, Illinois will now require employers to announce all internal job openings or promotions to current employees (no secret openings) (labor.illinois.gov). This is meant to ensure transparency not just for new hires but for advancement opportunities as well. Enforcement: The Illinois Department of Labor can receive complaints of job postings without pay info starting in 2025. Anyone (not just employees) may report a violation. The state can issue penalties for non-compliance. (Illinois already has a robust equal pay law – companies with 100+ employees in IL have to obtain an Equal Pay Registration Certificate by reporting pay data and affirming compliance with equal pay laws. The new posting rule is an additional transparency measure (labor.illinois.gov)).

Massachusetts

An Act Relative to Salary Range Transparency – Signed in July 2024, this law will take effect July 1, 2025 (with some sources indicating late 2025; the law provides a one-year phase-in). It will require employers with 25 or more employees in Massachusetts to include a good-faith salary range for each job posting (jacksonlewis.com). The range must include the minimum and maximum pay (hourly or salary) the employer expects to pay at the time of the posting. If no range exists (e.g. a fixed wage), the exact pay must be stated.

Massachusetts' law (H.4890) also protects an employee's right to ask about the salary range for their role and codifies a ban on seeking salary history (which Massachusetts has had since 2018). In addition, the Massachusetts law will require large employers (100 or more employees in MA) to report pay data to the state annually (submitting federal EEO-1 pay reports to the MA Secretary of State starting in 2025) (sequoia.com). Enforcement: The state can issue warnings and then fines for violations. Massachusetts views this as an extension of its pay equity efforts (it had a major Equal Pay Act update in 2018). When Governor Maura Healey signed the law in 2024, she noted it will “increase equity and transparency in pay by requiring employers to disclose salary ranges” (mass.gov).

Maryland

Wage Range Transparency Act – Maryland implemented a pay range upon request law in 2020 (see later section), but in 2024 it went a step further. A new amendment (SB 698, 2024) will require all Maryland employers (no size threshold mentioned in the law) to include a wage range and a general description of benefits and other compensation in every job posting, effective October 1, 2024 (morganlewis.com) (morganlewis.com). The law defines “wage range” as the min–max pay the employer in good faith believes it would pay at the time of the posting (morganlewis.com). If an employer doesn't advertise an opening (no posting), they must provide the pay range to an applicant before any discussion of compensation and on request (morganlewis.com). Maryland's new law is similar to those in California, New York, etc., and it adds to Maryland's existing ban on asking salary history and the older requirement to give a range upon request (morganlewis.com). Enforcement: The Maryland Commissioner of Labor and Industry can enforce the posting requirements and will publish a model compliance template for employers. Civil penalties may apply for violations, though specific fines will likely be defined in regulations.

New Jersey

Pending Implementation (S.2310) – In November 2024, New Jersey's governor signed a new pay transparency law that will take effect by mid-2025. Starting June 2025, New Jersey businesses with 10 or more employees must include the wage or salary range (or a specific minimum if no range) and a description of all benefits in any job posting (northjersey.com). This applies to job advertisements seeking external candidates. New Jersey thus joins its neighbor New York in mandating pay ranges in postings. The law was enacted as Senate Bill 2310 and gives the state labor department authority to enforce compliance. (Note: Jersey City's local ordinance already requires this within Jersey City since 2022 – see below – but the new NJ state law will apply statewide.)

Minnesota

Pay Transparency Law (2023) – Effective January 1, 2025, Minnesota employers with 30 or more employees must include the starting salary range and a general description of benefits and other compensation in any job posting (lmc.org). This requirement applies to Minnesota employers (including private companies and cities) posting for positions to be filled in Minnesota. The law defines “salary range” as the minimum and maximum salary or hourly rate the employer in good faith expects to offer at the time of posting (lmc.org). If a role has a fixed rate, that rate should be listed.

Minnesota also recently banned salary history inquiries (effective 2024) as part of the same legislative package (lmc.org). Enforcement: Violations may be handled by the Minnesota Department of Labor and Industry. The law includes penalties for non-compliance, though specifics may be set by rule. Minnesota's aim with this law is similar to other states – to give candidates more information up front and reduce inequality.

States Requiring Pay Disclosure During Hiring (On Request or Offer)

Some states don't mandate salary info in the public job posting, but they do require employers to share the pay range at certain points in the hiring process (often upon the applicant's request or by the time an offer is made). These laws are a step toward transparency, ensuring that by the end of recruiting, candidates know the pay range if they ask. Key examples:

Connecticut

Since October 1, 2021, Connecticut's Public Act 21-30 requires that employers provide a “wage range” for a position to applicants upon the earliest of: (1) the applicant's request, or (2) prior to or at the time a job offer is made (portal.ct.gov). This means a candidate can ask any time, and even if they don't ask, the employer must volunteer the range by the time they make an offer. The law applies to all employers with at least 1 employee in Connecticut (portal.ct.gov) (so virtually all CT employers). If a Connecticut-based employer is hiring a remote worker out of state, it still must comply; however, an out-of-state company hiring someone in CT would also be subject to this (the CT Labor Department clarified it applies to any employer “within the state” – those with a presence in CT – even if the job is remote) (portal.ct.gov) (portal.ct.gov).

The “wage range” can be defined by reference to an applicable pay scale, a prior range for that role, the range of current employees in comparable positions, or the budgeted amount for the job (portal.ct.gov). Connecticut also bans asking about salary history. Enforcement: Applicants or employees have a private right of action within 2 years for violations, and employers can face compensatory damages and a civil penalty (imposed by the labor commissioner) (portal.ct.gov).

Nevada

Effective October 1, 2021, Nevada's Senate Bill 293 introduced a unique transparency rule: Employers (of any size) must automatically provide the wage or salary range to any applicant who has completed an interview for a position, without the applicant having to ask (mynews4.com). In other words, once you've had an interview (in person, phone, or virtual), the employer should proactively disclose what the position pays. If no interview is conducted, the range must be given when an offer is made. The law also covers current employees interviewing for promotions or transfers – they must be given the pay range for the new role after the interview (mynews4.com). Nevada's law bans salary history inquiries as well (mynews4.com). Enforcement: The Nevada Labor Commissioner can impose fines up to $5,000 per violation (mynews4.com) (mynews4.com). Employees/applicants can also file complaints and potentially sue for violations (with remedies including back pay and damages).

Rhode Island

The Rhode Island Pay Equity Act, effective January 1, 2023, requires employers (with one or more employees in RI) to provide the pay range for a position to applicants upon request (bclplaw.com). Furthermore, even if an applicant doesn't explicitly request it, the employer is obliged to provide the wage range before discussing compensation (so by the time of an offer or when compensation is being negotiated) (bclplaw.com). For current employees, an employer must give the wage range for the employee's own position at time of hire, when the employee moves into a new position, or upon request (bclplaw.com).

Rhode Island's law also has a salary history ban and strong anti-retaliation provisions. Essentially, RI ensures that by the time a hiring process is done, the candidate knows the range, and any employee can find out where they stand in their range at any point. Enforcement: Rhode Island allows civil lawsuits for violations (after a waiting period for employer to cure, in some cases) and the state Department of Labor and Training can also enforce penalties.

Maryland (current law)

Maryland had a law effective October 1, 2020 (HB 123) that requires employers with 15 or more employees to provide an applicant, upon request, the wage range for the position for which they applied (mgaleg.maryland.gov (PDF)). (Maryland's new 2024 law will override this by requiring posting, but the “upon request” right remains in effect until then.) Under the 2020 law, the range had to be given on request; employers were prohibited from retaliating against applicants for asking. Maryland also bans asking for salary history. Note: Starting Oct 2024, as noted above, Maryland will require upfront posting of ranges, making the process even more proactive.

Washington (pre-2023)

Before Washington mandated posting ranges, it had a 2019 requirement that employers with 15+ employees must provide the position's minimum wage or salary to an applicant upon request, but only after making a conditional offer of employment (bclplaw.com). Current employees who were offered a new position (promotion/transfer) could also get the wage scale for that new role on request. This was effectively superseded by the 2023 update that now requires posting the info publicly.

Other states

A few other states have similar “on request” transparency provisions:

• Ohio (Cincinnati & Toledo) – While not state-wide, these cities (see local laws) require employers to provide pay ranges to applicants upon request after an interview or when offering a job. They also ban salary history queries.
• New York (state) – Even before the 2023 law, New York had an Equal Pay Law provision (Labor Law §194) that, as amended in 2020, prohibits pay secrecy and protects employees who discuss wages. (It didn't force range disclosure, but it set the stage for transparency.)
• Other Equal Pay Laws – Many states (such as Minnesota, Wisconsin, and others) have laws protecting employees' right to discuss wages and banning retaliation for such discussions, even if they don't mandate posting ranges. These ensure that once employees are hired, they can freely share information, which is another facet of pay transparency.

In states with these provisions, if you are a job applicant, you often have the right to ask “What is the pay range for this position?” and the employer must tell you, either immediately or by the time they make an offer. If you're a current employee offered a promotion or transfer, you can likewise request the pay range for the new role (and in some states, for your current role as well). Employers cannot retaliate against you for asking. Even in states without specific laws, discussing wages is generally protected (as noted under federal NLRA rights). Always check the specific state's rule – e.g., in Connecticut and Rhode Island, the employer must volunteer the info by the offer stage even if you don't ask, whereas in Maryland or Ohio cities, you need to ask to receive the info.

States with Pay Data Reporting Requirements

As part of pay transparency initiatives, a few states also require reporting of pay data or pay equity audits by larger employers:

California: Employers with 100+ employees must file an annual pay data report with the state's Civil Rights Department, showing how employees are paid by race, gender, and job category (calcivilrights.ca.gov). As of 2023, these reports must also include the median and mean hourly pay for each combination of race/ethnicity and sex in each job category. (This is similar to the federal EEO-1 Component 2 that was briefly collected.) California uses this data to identify systemic pay disparities (calcivilrights.ca.gov). The reports are confidential, but the state may publish aggregate statistics (calcivilrights.ca.gov).

Illinois: The Illinois Equal Pay Act amendments (2021) require private businesses with 100+ employees in Illinois to obtain an Equal Pay Registration Certificate. To do so, they must submit a report of employee pay data by gender and race, and certify that they are complying with equal pay laws. This effectively forces Illinois companies to evaluate their pay practices for fairness. Failure to certify can result in fines. (Additionally, starting in 2025, IL 100+ employers have to include equal pay compliance in their annual reports and will have posting requirements as discussed.)

Massachusetts: Beginning in 2025, Massachusetts will require employers with 100+ employees to submit their federal EEO-1 reports (which contain workforce demographic data) to a state agency annually (sequoia.com). The goal is to improve data collection on gender and racial wage gaps (mass.gov). While the EEO-1 doesn't include pay figures (unless the federal government revives the pay component), Massachusetts is signaling that more transparency in reporting is coming, potentially leading to future requirements for state-specific pay data reports.

Minnesota: The new Minnesota law (2023) does not introduce additional reporting, but Minnesota already has a requirement for certain state contractors to file equal pay certificates showing they've analyzed pay equity within their workforce (for contractors with 40+ employees seeking large state contracts).

Colorado: Colorado's Department of Labor has been active in enforcing its posting rules and can request records of job descriptions and wage histories as part of investigations (leg.colorado.gov). Employers must keep those records for at least 2 years after an employee leaves. Failure to maintain records creates a presumption in favor of an employee's claim in a wage discrimination case (leg.colorado.gov). This record-keeping acts as a back-end transparency measure to support pay equity claims.

These reporting and record requirements do not directly give information to job seekers, but they force employers to be transparent with regulators and scrutinize their own pay data for inequities (the data often ends up aggregated in public reports, as in California (calcivilrights.ca.gov)). Companies that operate in these states need to be aware of both public-facing transparency (job postings) and internal transparency (data reporting and record-keeping) obligations.

Municipal Pay Transparency Ordinances

In addition to state laws, a number of cities and counties have enacted their own pay transparency ordinances. These often came before statewide laws or go further than state requirements. Employers must comply with these local laws in addition to any state law, although in some cases a newer state law may preempt the local rule if they conflict. Below are a few major local jurisdictions with pay transparency rules:

New York City, NY

NYC was one of the first U.S. locales to pass a salary transparency ordinance. Since November 1, 2022, under the NYC Human Rights Law (as amended by Local Law 32), employers in NYC with 4 or more employees must include a “good faith” salary range in all job postings for positions that can or will be performed in NYC (westchesterputnamonestop.com).

The range must span from the lowest to highest salary or hourly wage the employer honestly believes it would pay at the time of the posting. This applies to full-time, part-time, internship, and freelance positions advertised by covered employers. (One nuance: positions that are entirely remote and not tied to NYC were a gray area; but generally if an employer might have a NYC worker in the role, the NYC Commission on Human Rights expects compliance.) NYC does not require listing benefits in the posting – just the salary range. Enforcement: The NYC Commission on Human Rights enforces this; employers could face penalties up to $250,000 for willful or repeated violations, and individuals can file complaints.

Westchester County, NY

Effective November 6, 2022, Westchester County (just north of NYC) implemented a law similar to NYC's. Employers in Westchester with 4 or more employees must include the minimum and maximum salary for any job, promotion, or transfer opportunity that will be performed in Westchester County (including remote jobs that will be done from the county) (westchesterputnamonestop.com). Independent contractors and the business owner aren't counted toward the 4-employee threshold, and there is an exception for family-owned businesses where most employees are relatives (westchesterputnamonestop.com).

The Westchester law was intended to mirror NYC's approach and also anticipated the New York State law. It includes significant penalties up to $125,000 (double for willful violations) for non-compliance (westchesterputnamonestop.com). With the New York State law in effect (as of 2023), the state will now handle most enforcement, but local human rights commissions may also have a role in Westchester for any provisions not in conflict.

Ithaca, NY

The city of Ithaca (in upstate New York) briefly had its own pay transparency ordinance effective September 2022 that required employers with 4+ employees to include salary ranges in job postings for work to be performed in Ithaca. This largely copied NYC's law. However, the Ithaca ordinance was repealed in 2023 after the New York State law was passed (to avoid duplication). During its enforcement, Ithaca's law ensured even employers outside NYC but hiring in that city posted ranges.

Albany County, NY

Albany County (which includes the city of Albany, the state capital) passed a salary transparency law in late 2022 as well. It took effect around 2023, requiring employers with 4+ employees in the county to disclose salary ranges in job postings (very similar to NYC and Westchester). Now that the statewide law is in place, Albany County's law is effectively encompassed by state enforcement, but it was another example of local action on this issue.

Jersey City, NJ

Pay Transparency Ordinance (2022) – As highlighted, Jersey City's ordinance (Ord. 22-045) effective April 13, 2022 requires any employer with 5 or more employees in Jersey City to include both a pay range (min–max) and a description of job benefits in every job posting (jerseycitynj.gov). The range must be the range the employer honestly expects to pay at the time of posting (it can't be open-ended). The law was enacted to promote fairness and equity in hiring. It carries a penalty of up to $2,000 for each violation (jerseycitynj.gov). Notably, Jersey City's threshold counts independent contractors towards the 5-employee count (jerseycitynj.gov), which is somewhat unusual. With New Jersey's statewide law coming in 2025, that will extend similar requirements statewide (with a higher 10-employee threshold). Until then, Jersey City employers must follow the local law.

Cincinnati, OH & Toledo, OH

These Ohio cities implemented pay equity ordinances (effective in 2020) that, among other things, ban salary history inquiries and require that if an applicant who has been given a conditional offer asks for the pay range, the employer must provide it. In Cincinnati, the law applies to employers with 15+ employees within the city. In Toledo, it's employers with 15+ employees nation-wide if at least one works in Toledo.

While these ordinances do not require posting the range in the job ad, they ensure candidates can get the information during the hiring process. They also make it illegal to base hiring decisions on an applicant's refusal to provide past salary. These local laws preceded Ohio state action (Ohio has no state-wide salary transparency rule yet). Companies recruiting in those cities should be prepared to disclose the range upon request after extending an offer.

Other Localities

A few other local governments have taken steps:

• Philadelphia, PA – Philadelphia bans asking about salary history and, while it considered a range disclosure bill, it has not (as of 2025) passed a law requiring salary ranges in postings.
• Washington, D.C. – The District of Columbia bans salary history inquiries and retaliation for employees discussing pay. DC does not currently mandate salary ranges in postings (legislation was introduced in late 2022 to do so, but not enacted yet).
• City of Chicago, IL – Chicago has a Human Rights ordinance that, since 2019, bans employers from screening job applicants based on their current or past salary and from asking salary history. It encourages transparency but doesn't mandate posting ranges (the new Illinois law will cover Chicago by 2025).
• Albany, NY (City) – The city itself passed an ordinance in 2023 (mirroring Albany County's law) requiring salary ranges in postings for employers of 4+. Again, the state law overtook this.

Various other cities/counties have salary history bans and wage discussion protections (e.g., San Francisco, New Orleans, Pittsburgh (for city contractors), etc.), which complement the idea of transparency by removing past pay from the equation.

Proposed and Upcoming Laws

The landscape is rapidly evolving. Proposed laws at various levels indicate the trend towards greater transparency:

Pennsylvania:

Lawmakers in Pennsylvania have introduced bills to mandate pay range disclosures. For example, House Bill 560 (2023-2024 session) proposes requiring employers with 15+ employees to include pay ranges in job postings (nilanjohnson.com). Another bill would require at least a minimum salary be posted if a full range isn't given (penncapital-star.com). While there is significant support, as of now Pennsylvania has not enacted a salary transparency law. Employers in PA currently are not required by state law to post ranges (though they must still comply with any applicable federal laws like the NLRA or relevant local ordinances).

South Carolina:

In early 2023, a bill was introduced in South Carolina's legislature to require job postings to include salary ranges. It did not advance far, but its introduction signals that even states without widespread pay equity laws are considering transparency measures.

Michigan:

After the 2022 election, Michigan's legislature indicated interest in pay equity initiatives. A bill to ban salary history questions has moved forward, and discussion of requiring salary ranges in postings is anticipated in future sessions.

Federal:

The Paycheck Fairness Act remains proposed in Congress. It has passed the U.S. House in past years but not the Senate. If ever enacted, it would prohibit salary history inquiries nationwide, protect employees discussing wages, and direct the EEOC to collect pay data – all of which would bolster pay transparency. Another federal proposal is the Salary Transparency Act, introduced in 2022, which would require employers to disclose the salary range in job announcements nationwide. This has not advanced, but it reflects the influence of the state laws on federal policy conversations. Until any such law passes, companies must look to the patchwork of state and local requirements.

Continued Trends:

We anticipate more states considering transparency bills. For example, Missouri and Arizona legislators have informally discussed such bills. Internationally, it's worth noting that laws in places like the EU (e.g. proposed EU Pay Transparency Directive) and Canada (some provinces require pay in ads) are moving in this direction too, which can influence U.S. policymakers. Companies are also voluntarily moving toward transparency – a 2023 survey showed a growing percentage of U.S. job postings include pay info even where not legally required, in part due to candidate expectations and multi-state compliance ease.

Key Compliance Takeaways for Employers

For a company operating across different states, it's critical to understand which laws apply to each job posting:

Jurisdiction matters: If you are hiring in a state or city with a transparency law, you must comply even if your company is based elsewhere. For example, a Texas-based company hiring a remote employee who could be in Colorado must follow Colorado's posting rules (or explicitly restrict the location, which raises other legal concerns) (lni.wa.gov (PDF)). Conversely, an employer based in a state with a law must often comply for any jobs, even out-of-state ones – e.g., a California-based company of 20 people must put ranges on postings for remote jobs that could be filled by a Californian (calmatters.org). Check each law's language about scope: some are defined by where the work is performed, others by where the employer is located or the employee resides.

Threshold employee counts: Many laws exempt very small employers. Common thresholds are 4 employees (NY, NYC, Westchester), 15 employees (CA, WA, MD (2020), Toledo/Cincy), 25 employees (MA upcoming), 30 employees (MN upcoming), 50 employees (HI), 10 employees (NJ upcoming). Count your employees appropriately. Note that some count total employees anywhere (CA counts 15 with 1 in CA (dir.ca.gov); Illinois 15 including those outside IL; Massachusetts 25 in MA; etc.), while others count only in-jurisdiction employees (Jersey City 5 in-city (jerseycitynj.gov), Colorado basically 1 in CO). Also clarify if part-timers and contractors count – e.g., Jersey City counts contractors in the 5 (jerseycitynj.gov), Westchester excludes owners and relatives (westchesterputnamonestop.com).

What must be disclosed: While salary range (or wage range) is universal, some jurisdictions require additional info:

• Benefits: Colorado, Washington, Maryland, Minnesota, New Jersey all explicitly say you must include a general description of benefits in the posting (lni.wa.gov) (morganlewis.com). Others (NY, CA, RI, etc.) do not mandate listing benefits, though of course you may choose to.
• Other compensation: Washington says include other compensation (like bonuses, stock, commissions) in a “general description” (lni.wa.gov). Colorado says include “all compensation” which effectively means bonuses, commissions too (payequityadvisor.com). California doesn't require disclosing bonuses or equity in the job ad (and specifically said you don't need to list them) (dir.ca.gov). New York State doesn't require listing commissions amounts, but if a job is commission-based you must say so (dol.ny.gov). Best practice is to mention if a job has commission or bonus potential, even if not required.
• Job description: New York State is unique in requiring that if you have a written job description for the position, you must share it in the posting (dol.ny.gov) (or at least make it available).
• Salary vs hourly: All laws apply to both salaried and hourly roles. Postings should list either the annual salary range or the hourly pay range (whichever is relevant). For commission-only jobs, NYC and others said you can state “commission-based” in lieu of a range (since earnings may vary), but New York State now might require at least a base or say “$0 base + commission” to indicate no base salary.
• No asking salary history: Note that most of these states also prohibit asking applicants about their prior salary history. This goes hand-in-hand with transparency – employers should set ranges based on the role value, not the applicant's past pay. As of 2025, more than 20 states (and many cities) ban salary history inquiries (including all states with posting requirements). Ensure your recruiters don't ask those questions in interviews or on applications.

During interviews: Even in states without a posting requirement, if an applicant asks “Can you tell me the range for this position?” in many places you must provide it (e.g., CT, MD (2020), RI, Cincinnati/Toledo, etc.). Train hiring managers and recruiters on how to handle such queries so they don't inadvertently violate a law. In states with posting laws, this scenario should be covered by having already posted it, but be prepared to discuss it and not to retaliate or react negatively to the inquiry (all laws forbid retaliating for discussing or asking about wages (dol.ny.gov)).

Internal hires and promotions: Ensure your current employees are not left in the dark. Several laws (Colorado, New York State, Illinois, etc.) have provisions requiring that you announce job openings internally and/or provide ranges for promotions or transfers. For instance, Colorado must post promotional opportunities internally with range (leg.colorado.gov); Illinois and New York State require notifying employees of internal openings (labor.illinois.gov). Even if not explicitly required, being transparent internally can boost trust and comply with anti-discrimination principles.

Record keeping: Keep documentation of how you determined a posted range (e.g., pay scales, compensation surveys, budgeted amounts). Some states (Colorado) can ask for this if a complaint arises. California requires keeping records of job title and wage history for each employee for the duration of employment plus 3 years (dir.ca.gov) (leg.colorado.gov). These records could help defend against a claim of pay disparity.

Updates and Future Changes: Laws are being amended frequently. For example, Colorado updated its rules effective 2024 to clarify some definitions and ensure remote jobs comply (payequityadvisor.com). California may update regulations or FAQs periodically (the Labor Commissioner in CA has an FAQ page (dir.ca.gov) that provides interpretations). Moore Cooperative can partner with your organization to help you stay on top of evolving requirements. Reach out to us to learn more.

Sources:

• National Labor Relations Board – Employee rights to discuss pay (nlrb.gov)
• U.S. Dept. of Labor (OFCCP) – Pay Transparency rule for federal contractors (dol.gov)
• Colorado General Assembly – Equal Pay for Equal Work Act Summary (leg.colorado.gov)
• Colorado Dept. of Labor – CDLE Guidance on job postings (INFO #9) (payequityadvisor.com)
• California Labor Commissioner – FAQs on Pay Scale Disclosure (Labor Code §432.3) (dir.ca.gov) (dir.ca.gov)
• Cal. Civil Rights Dept. – SB 1162 FAQ (pay data reporting and posting) (calcivilrights.ca.gov)
• New York State Department of Labor – Pay Transparency Law Fact Sheet (dol.ny.gov) and FAQs (dol.ny.gov)
• Westchester-Putnam Workforce Board – Summary of Westchester Salary Transparency Law (westchesterputnamonestop.com)
• Jersey City Official Website – Pay Transparency Ordinance details (jerseycitynj.gov)
• Nevada News (KRNV) – NV SB 293 (pay history ban and range disclosure after interviews) (mynews4.com)
• Connecticut Dept. of Labor – Salary Range Disclosure Law FAQs (portal.ct.gov)
• Bryan Cave Leighton Paisner Law – Survey of state pay transparency laws (Rhode Island, Washington, etc.) (bclplaw.com) (bclplaw.com)
• Illinois Dept. of Labor – Press Release on Pay Transparency (HB3129) (labor.illinois.gov)
• Massachusetts Gov. Press Release – Wage Equity (Salary Range Transparency Act) signing (mass.gov)
• League of Minnesota Cities – Explanation of new MN law (lmc.org)
• NorthJersey.com – News article on NJ Salary Range law (S2310) (northjersey.com)
• Pennsylvania Capital-Star – Article on proposed PA salary transparency bill (penncapital-star.com)

Updated: March 20, 2025.
This information does not consistute as legal advice.