Consent and compliance

Pay transparency laws by state: what has to be in the job posting

On this page
  1. State-by-state guides
  2. States that require a pay range in the posting
  3. States that require the range only on request or after an interview
  4. What counts as a compliant range
  5. Remote roles and which state's law applies
  6. Penalties compared
  7. Pay transparency versus salary history and expectation questions
  8. A checklist before you post a role
  9. Questions people ask

As of October 2026, fourteen states and Washington, D.C. require covered employers to disclose a pay range in job postings. Connecticut became the fourteenth on October 1, 2026, when its on-request rule was replaced by a posting requirement. Two more states, Nevada and Rhode Island, require the range to be given to an applicant after an interview or on request rather than printed in the ad, and Delaware has enacted a posting law that takes effect September 26, 2027. Coverage turns on employer size and where the job is performed, not on where the company is headquartered, so a recruiter posting one role nationally can owe a range in some states and not others for the same posting.

This is not legal advice. Statute and agency citations below were checked against official state sources as of September and October 2026, but legislatures amend these laws often and agencies issue new guidance. Confirm the current text and any local ordinance for your situation with a lawyer licensed in the relevant state before you rely on it.

State-by-state guides

StateEmployers coveredWhat a posting must show
California15 or more employees, with at least one in California (the salary-history ban and on-request pay scale apply to every employer)Pay scale only, with a real floor and ceiling; no benefits line is required
New York4 or more employees, including employment agencies and recruiters (true temporary help firms are excluded)Minimum and maximum compensation, plus the job description if one exists; a New York City role must also meet the city's own law
ColoradoEvery employer with at least one Colorado-based worker; no size thresholdCompensation range, a bonus or commission description, general benefits, and the application deadline or a statement that there isn't one
Washington15 or more employees counted nationally, with at least one in WashingtonWage scale, or a fixed wage if only one amount is offered, plus general benefits and other compensation
Illinois15 or more employees, including employment agenciesPay scale and benefits, either inline or through a hyperlink that goes directly to that position's numbers
MarylandEvery employer; no size thresholdWage range, general benefits, and other compensation such as bonuses or commission
Massachusetts25 or more employees in MassachusettsPay range only, no benefits line required (a separate pay-data report applies at 100 or more employees)
New Jersey10 or more employees over 20 calendar weeks, counted nationally, including employers that only take applications from New JerseyHourly wage or salary range, capped at a 60% spread from the minimum, plus general benefits and other compensation
ConnecticutEvery employer with 1 or more employees, from October 1, 2026; covers roles reporting to a Connecticut supervisor or officeWages or wage range plus a general description of benefits, in internal and public job advertisements
VirginiaEvery employer doing business in Virginia; no size thresholdWage, salary or a good-faith range in every public and internal posting; no benefits line required
Maine10 or more employees for postings; every employer for on-request disclosure and pay-history recordsProspective range of pay, or a statement that the role is paid solely on commission
Hawaii50 or more employees, with no stated location requirement; internal transfers and promotions exemptHourly rate or salary range that reasonably reflects the actual expected compensation
Minnesota30 or more employees at one or more Minnesota sitesStarting salary range (or a fixed rate, never open ended) plus a general description of all benefits and other compensation
Vermont5 or more employees; roles in Vermont or remote roles that predominantly work for a Vermont officeCompensation or range; commission roles say so; tipped roles give the base wage or base wage range
District of ColumbiaEvery employer with at least 1 employee in D.C., except the D.C. and federal governmentsMinimum and maximum projected pay in all listings, plus disclosure of whether healthcare benefits exist before the first interview
Delaware26 or more employees, from September 26, 2027; enacted but not yet in effectHourly or salary range plus a general description of benefits and other compensation, in internal and external postings
NevadaEvery employer and employment agency; no size thresholdNo posting duty; the range or rate must be given to every applicant who completes an interview
Rhode IslandEvery employer; no size thresholdNo posting duty; the range must be given on an applicant's request and should be given before pay is discussed

Each row links to a full guide with the statute, the covered-employer test and the current penalties, checked against the state's own source as of September or October 2026.

States that require a pay range in the posting

These fourteen states plus Washington, D.C. require the range in the job posting itself, not only on request. The employer-size threshold, the statute and the effective date decide whether a given posting is covered.

StateStatuteCovered employersIn effect since
California Lab. Code § 432.3 15 or more employees January 1, 2023; SB 642, effective January 1, 2026, broadened the "wages" definition used in equal-pay comparisons, not the pay-scale posting rule itself
Colorado Equal Pay for Equal Work Act, C.R.S. § 8-5-201 All employers, no size threshold January 1, 2021
Washington RCW 49.58.110 15 or more employees January 1, 2023; amended 2025 to allow a fixed wage instead of a range when only one amount is offered
New York Labor Law § 194-b 4 or more employees September 17, 2023
Illinois 820 ILCS 112/10 (Equal Pay Act, as amended) 15 or more employees January 1, 2025
Maryland Lab. & Empl. § 3-304.2 All employers, no size threshold October 1, 2024
Hawaii HRS § 378-2.8 (Act 203) 50 or more employees January 1, 2024; does not require disclosure for internal transfers or promotions
Minnesota Minn. Stat. § 181.173 30 or more employees at one or more Minnesota sites January 1, 2025
New Jersey Pay and Benefit Transparency Act 10 or more employees June 1, 2025
Vermont 21 V.S.A. § 495p (Act 155) 5 or more employees July 1, 2025; separate rules for tipped and commission-only roles
Massachusetts Frances Perkins Workplace Equity Act 25 or more employees with a primary Massachusetts worksite October 29, 2025
Virginia SB 215, amending the Va. Code (Virginia Dept. of Labor and Industry summary) All employers, no size threshold July 1, 2026
Maine LD 54, 26 M.R.S. § 622-A, "An Act to Require Employers to Disclose Pay Ranges" (enacted text) 10 or more employees July 29, 2026
Connecticut Gen. Stat. § 31-40z, as amended by Public Act 26-12 All employers with 1 or more employees October 1, 2026; before that date the range was owed only on request or before an offer
District of Columbia D.C. Law 25-138, Wage Transparency Omnibus Amendment Act 1 or more employees in D.C. June 30, 2024; also requires stating before the first interview whether healthcare benefits are offered

Delaware is not in the table because its law, 19 Del. C. § 709C (85 Del. Laws c. 228), does not take effect until September 26, 2027; it will cover employers with 26 or more employees.

This list is not exhaustive. Several cities and counties layer their own posting ordinances on top of state law, and a handful of additional states require disclosure in narrower circumstances we could not confirm well enough to summarize in one line here. Check your specific state and any city or county ordinance before you finalize a posting.

City posting rules in a state without one

Ohio has no statewide pay range law, but two of its cities require ranges in postings, as of October 2026. Cleveland Codified Ordinances § 669.02(c) (Ordinance 104-2025) has required employers with 15 or more employees in Cleveland to give the salary range or scale in the notice, advertisement or other formal posting for a job since October 27, 2025. Columbus City Code 2335.03(C), added by Ordinance 2898-2025, requires employers with 15 or more employees in Columbus to give a reasonable salary range or scale in postings, and the ordinance says the city will not enforce it until January 1, 2027. Both count employment agencies acting for a covered employer as the employer. See pay transparency law in Ohio.

States that require the range only on request or after an interview

Two states require a wage range be disclosed, but not printed in the ad itself.

  • Nevada (NRS 613.133, effective October 1, 2021): the employer or employment agency must provide the wage or salary range or rate to an applicant who has completed an interview for the position, whether or not the applicant asks. The Labor Commissioner may impose an administrative penalty of up to $5,000 per violation.
  • Rhode Island (R.I. Gen. Laws § 28-6-22, effective January 1, 2023): the employer must give an applicant the wage range on request and should provide it before discussing compensation, and must give an employee the range for their position at hire, on moving into a new position, and on request.

Connecticut was in this group until September 30, 2026. Since October 1, 2026, Public Act 26-12 requires the wage range and a general description of benefits in every internal and public job advertisement, so it now appears in the posting table above.

For a recruiter, the practical effect of an on-request state is the same as a posting state: have the range ready before you post, because a candidate can ask for it at almost any point in the process.

What counts as a compliant range

Every statute above uses some version of "a good faith estimate of what the employer expects to pay," and regulators have been specific about what that rules out.

  • No open-ended ranges. Colorado's implementing rules treat phrasing like "$30,000 and up" or "up to $60,000" as noncompliant; a range needs both a floor and a ceiling.
  • No placeholder ranges. New York guidance gives the example of $1 to $1,000,000 as failing the good-faith standard on its face.
  • The range must reflect what the employer would actually pay, built from an existing pay scale, the budgeted amount, or what people currently in equivalent roles are paid, not a number picked to look competitive.
  • Benefits usually come with it. Washington, Illinois, Maryland, Minnesota and, since October 2026, Connecticut all pair the pay range requirement with a general description of benefits in the same posting; California is a notable exception, requiring only the pay scale itself.

Remote roles and which state's law applies

A posting is not exempt because the employer is based somewhere without a pay transparency law. The statutes above generally reach a role if it can be performed, even in part, from the covered state, or if it reports to a supervisor, office or worksite there:

  • New York's law covers jobs performed at least in part in the state and remote jobs that report to a New York location.
  • Illinois covers positions performed at least in part in Illinois or that report to a supervisor, office or work site in Illinois.
  • Maryland's disclosure duty applies to work that will be physically performed, at least in part, in the state.
  • Connecticut, from October 1, 2026, covers positions performed in the state and positions performed elsewhere that report directly to a Connecticut supervisor, office or worksite.
  • Vermont covers roles physically in Vermont and remote roles that will predominantly work for a Vermont office or work location.

A staffing agency posting one req to a national job board should treat it as covered by every state where a qualified applicant could actually do the work, not just the state where the client's office sits.

Penalties compared

StateWhat we verified
CaliforniaLabor Commissioner may order a civil penalty of $100 to $10,000 per violation; no penalty for a first violation of the posting requirement if the employer shows all postings were corrected
WashingtonA prevailing applicant or employee may recover statutory damages of $100 to $5,000 per violation plus attorney's fees; the state director may separately assess up to $500 for a first violation and up to $1,000 for a repeat one
New JerseyCivil penalty of $300 for a first violation and $600 for each later one, capped at one penalty per noncompliant posting even if it runs on multiple sites
NevadaLabor Commissioner may impose an administrative penalty of up to $5,000 per violation
VirginiaCivil penalty of up to $1,000 for a first violation and up to $5,000 for later ones, with a 15-business-day cure window that blocks a lawsuit if the employer fixes the posting everywhere it ran
District of ColumbiaCivil fine of $1,000 for a first violation, $5,000 for a second and $20,000 for each later one; no private right of action
VermontEnforced only by the Attorney General or a State's Attorney, with civil penalties of up to $10,000 per violation under the consumer protection procedures the statute borrows
Rhode IslandCompensatory damages or special damages up to $10,000, plus a civil penalty of up to $1,000 for a first violation, $2,500 with one prior violation in five years, and $5,000 with two or more in seven years
MaineFine of $100 to $500 per violation under the general penalty section for Title 26, chapter 7, subchapter 2
ConnecticutPrivate lawsuit by an applicant or employee for compensatory damages, attorney's fees and costs within two years; punitive damages were removed as of October 1, 2026
Delaware (from September 26, 2027)Written warning for a first offense, then $500 to $10,000 per violation; one job opportunity is one violation however many times it is posted

Other states in the table enforce through their labor department or attorney general without a dollar figure we could confirm here. A missing number in this table means we did not find one on an official source, not that the state has no enforcement mechanism.

Pay transparency versus salary history and expectation questions

A pay transparency law tells the employer what it must disclose. A separate, overlapping category of state law restricts what the employer may ask the candidate about pay history. California, Colorado, Illinois, New York and several other states in the table above also ban or limit salary history questions, but the two rules do not always travel together: a state can require a posted range with no history ban, or ban history questions without requiring a posted range.

Recruiters who ask about pay expectations instead of pay history need wording that stays on the right side of both rules. See salary expectation questions for phrasing that asks about expectations without asking for history, and illegal interview questions for the broader list of topics federal and state law restrict in an interview.

A checklist before you post a role

  1. Identify every state the role could be performed from, including remote candidates, not just the state where the office sits.
  2. Check the strictest applicable threshold. If the role could be filled from Colorado or Maryland, the posting needs a range regardless of your company's headcount, since neither state has a size threshold.
  3. Build the range from something real: a pay scale, a budget line or the pay of people already in equivalent roles, not a number chosen to sound attractive.
  4. Give the range a floor and a ceiling. Reject any draft that says only "up to" or only "starting at."
  5. Add the benefits line where the state requires it alongside the pay range.
  6. Keep the source of the range on file. Several states, including California, require pay-scale and history records to be kept for years after the posting.
  7. Re-check before every repost. A range that was accurate six months ago may no longer reflect what the employer would actually pay today.

For the separate question of which forms recruiters and staffing agencies need to be licensed to operate in a given state, see employment agency license requirements. For how AI tools used in screening are regulated state by state, see AI hiring laws by state.

Questions people ask

Does a pay transparency law apply to a remote job if the company is not based in that state?

Usually yes, if the role can be performed from that state or reports to a supervisor or office there. New York, Illinois, Maryland and, since October 1, 2026, Connecticut each address it explicitly; Vermont covers remote roles that predominantly work for a Vermont office. Base the decision on where the work is done, not where the employer's headquarters sits.

Can a job posting say a salary range is 'up to $80,000' with no floor?

Colorado's guidance says no: a range must run from the lowest to the highest amount the employer genuinely expects to pay, not an open-ended figure. Other states use similar 'good faith estimate' language, so treat an open-ended range as noncompliant anywhere a range is required.

Do pay transparency laws apply to internal promotions, not just external job postings?

It depends on the state. New York, Illinois, Virginia, Connecticut and the District of Columbia cover promotion and transfer postings; Hawaii's law does not require disclosure for internal transfers or promotions. Check the specific statute rather than assuming one rule covers every state.

What is the difference between a pay transparency law and a salary history ban?

A pay transparency law requires the employer to state a range. A salary history ban restricts the employer from asking the candidate what they currently earn. Many states, including California and Colorado, have both; a few states have only one. See salary expectation questions for how the history ban changes what recruiters can ask.