U.S. Pay Transparency Laws by State and Locality

U.S. Pay Transparency Laws by State and Locality

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In an effort to advance pay equity, a growing number of states and localities have enacted pay transparency laws. These laws typically require employers to share the pay range for a position with applicants – either in the job posting or during the interview and hiring process – and in some cases also give current employees the right to learn the pay range for their role.

The charts below provide a snapshot of current enacted and proposed pay transparency laws in U.S. states and localities.

Updated: May 18, 2023

Enacted Laws

The following states and localities have a pay transparency law that has been signed into law.

JurisdictionCovered EmployersPay Range
Required
in Job Postings?
Requirements
CaliforniaEmployers with 15 or more employeesYes· Include pay range in any job posting and provide to an applicant upon reasonable request
· Provide pay range for employee’s current position upon request
ColoradoEmployers with at least one employee in ColoradoYes·  Include pay range in any job posting, along with a general description of benefits and other compensation
ConnecticutAll employers in Connecticut with at least one employeeNo·  Disclose pay range to an applicant upon request or before making an offer of compensation, whichever is earlier
MarylandAll employers in MarylandNo·  Provide job applicants with the pay range for the position for which the individual applied
NevadaAll employers in NevadaNo·  Provide job applicants who have completed an interview (including for a promotion or transfer) with pay range for the position
New Jersey – Jersey CityEmployers with at least five employees within Jersey CityYes·  Include pay range in any ad for a job, promotion or transfer opportunity
New York
(Effective September 17, 2023)
Employers with four or more employeesYes·  Include pay range and job description in any ad for a job, promotion or transfer opportunity performed at least partly in New York or reporting to a New York-based office, supervisor or other work site
New York – Albany CountyEmployers with four or more employeesYes·  Include pay range in any ad for a job, promotion or transfer opportunity
New York – IthacaEmployers with four or more employees whose standard work locations are in the city of IthacaYes·  Include pay range in any ad for a job, promotion or transfer opportunity
New York – New York CityEmployers with four or more employeesYes·  Include pay range in any ad for a job, promotion or transfer opportunity that can or will be performed at least partly in New York City
New York – Westchester CountyEmployers with four or more employeesYes·  Include pay range in any ad for a job, promotion or transfer opportunity required to be performed at least partly in Westchester County
Ohio – CincinnatiEmployers with 15 or more employeesNo·  Provide pay range to applicants who have received a conditional job offer upon reasonable request
Ohio – ToledoEmployers with 15 or more employeesNo·  Provide pay range to applicants who have received a conditional job offer upon reasonable request
Rhode IslandAll employers in Rhode IslandNo·  Provide applicant with pay range for the position to which they have applied, upon request and before discussing compensation
·  Provide employees with a pay range for the employee’s position at time of hire, upon request and when the employee moves into a new position
WashingtonEmployers with 15 or more employeesYes·  Include pay range and general description of benefits and other compensation in any job posting
·  Provide pay range upon request to an employee offered an internal transfer or promotion
As of May 18, 2023, there are 15 jurisdictions in the United States where pay transparency laws are currently in effect.

Proposed Laws

Pay transparency legislation has been proposed in the following jurisdictions

JurisdictionProposed Pay Transparency Law
ColoradoS. B. 105 would strengthen Colorado’s existing pay transparency law by requiring employers to inform current employees of all job opportunities before making a selection decision and provide certain information about how current employees may advance in their careers with the employer.
ConnecticutH.B. 6273 would require all Connecticut employers to include pay and benefits information in job postings, provide applicants with pay and benefits information upon request or before offering or discussing compensation, and annually provide employees with the pay range and a description of benefits for their position.
HawaiiS.B. 1057 would expand the protected characteristics under Hawaii’s equal pay law and require employers with 50 or more employees to include pay information in job postings.
IllinoisH.B. 3129 would require employers with 15 or more employees to include pay and benefits information in job postings and inform current employees of opportunities for promotion.
MassachusettsH.B. 1849 would require employers with 15 or more employees in Massachusetts to include a pay range in job postings, provide employees offered a promotion or transfer with the pay range for the new position, and provide all employees and applicants with the pay range for the positions they hold or have applied for upon request.
New JerseyA.B. 3937 would require employers with five or more employees to include pay and benefits information in job postings and make reasonable efforts to inform current employees of promotion opportunities.
PennsylvaniaS.B. 601 would require employers with 15 or more employees to provide a pay range to applicants and candidates for internal transfers and promotions. Employers would also be required to provide employees with a the pay range for their role upon hire and annually thereafter.
VermontH.B. 116 would require employers to disclose the pay scale for a position to applicants and current employees, submit compensation data broken down by gender and race to the state Department of Labor annually, and add race and gender identity as protected characteristics under the state’s wage discrimination law.
VirginiaS.B. 1136 would prohibit employers from inquiring into an applicant’s salary history and require employers to provide a pay range to an applicant upon request and prior to discussing compensation.
West VirginiaH.B. 2626 would require employers to provide a pay range and description of benefits and other compensation to an applicant upon request and prohibit employers from inquiring into an applicant’s salary history.
Note that while this list is updated frequently and we make every effort to identify and track all relevant legislation, it may not be entirely exhaustive.

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