Talking about pay at work used to be hush-hush. Now, it's becoming the norm – and in many places, it's the law. In recent years, a wave of state laws has started requiring employers to disclose salary ranges in job postings or to applicants. These salary range transparency laws aim to promote fair pay and level the playing field, especially for women and underrepresented groups. For U.S. business owners, this trend means you may need to post salary ranges in your job ads and be prepared to share pay information with candidates. This blog post will walk you through the current landscape of state salary transparency laws (including upcoming laws through late 2025), highlight the major states’ requirements, and offer compliance tips and action steps to help your business stay on the right side of the law (and maybe even win some goodwill from employees along the way).
Why does this matter? Besides keeping you legally compliant, pay transparency can improve trust with employees and candidates. It shows you have nothing to hide and are committed to fair pay practices. And as more states adopt these laws, a patchwork of different rules is emerging – making it crucial for multi-state employers to understand where and when they need to disclose salary information. There’s no federal requirement (yet), so it’s truly a state-by-state issue. Let’s break down the big picture.
Pay transparency laws are largely driven by a push for pay equity. Research has long shown that pay secrecy can contribute to wage gaps. By requiring employers to share salary ranges up front, lawmakers hope to empower job seekers and employees with information to negotiate fairly and spot pay disparities. In fact, evidence suggests that providing workers with salary data can help “level the playing field” for women during negotiations. It’s also meant to prevent situations where two people doing similar jobs are paid very differently without anyone knowing.
Social media and websites like Glassdoor have already been pulling back the curtain on pay, and employees are more openly discussing their compensation. States are catching up by enacting laws to force transparency from the start of the hiring process . For business owners, this cultural shift means that being upfront about pay isn’t just a nice-to-have – it may be legally required depending on where you operate. And even where it’s not required, being more transparent can improve your employer brand (job candidates appreciate honesty).
In short, salary range transparency laws seek to ensure everyone knows what to expect pay-wise, reducing the mystery (and potential bias) in compensation. Now, let’s dive into which states have these laws, which ones are coming soon, and which don’t (yet).
As of 2025, a growing number of states have enacted salary range transparency requirements. Some laws are already in effect, and several more will kick in by late 2025. Below is an overview:
Bottom lineCheck the states where you operate and where you attract applicants. As of 2025, 14 states have or will have pay transparency laws, and the other 36 do not – but that can change with new legislation. Keep an eye on states considering new laws in 2026 and beyond, since momentum is strong. |
If you’ve determined that you need to comply with one or more of these laws (or you simply want to embrace transparency proactively), here are some practical tips to ensure your job postings and hiring processes meet the new standards:
Include a Clear Salary Range in Job Posts: For applicable roles, always list a pay range from minimum to maximum. Make sure the range is a genuine good-faith estimate of what you’re willing to pay for the position. Don’t use vague phrases like “$50,000 and up” or “up to $60k”; many states consider open-ended ranges non-compliant . Instead, specify something like “$50,000 – $60,000 annually.” The range can be wide or narrow, but it must have both a lower bound and upper bound that you honestly expect to pay.
Mention Other Compensation and Benefits (If Required): States like Colorado and Maryland explicitly require employers to include information about benefits and other compensation (like bonuses, commissions, stock options) in the job listing. Even if not required, it’s a good practice to highlight key benefits in job postings – candidates value this information. For compliance, know what each state expects: for example, Washington and Illinois mandate a “general description of benefits” in postings , whereas California and Hawaii do not require listing benefits in the ad. When in doubt, including a brief summary of benefits (e.g. “includes health insurance, 401(k), and paid vacation”) can help meet the strictest standards and is a great selling point for your job.
Time Your Disclosure Right: If you’re in a state like Connecticut or Rhode Island that doesn’t require posting the range publicly but does require disclosing it to candidates, make sure your hiring team knows when to communicate that information. For instance, have a policy that if an applicant inquires about pay, the recruiter or hiring manager will provide the range promptly (via email or conversation) as required by law. And by the offer stage, the candidate should absolutely know the range (or exact salary being offered). Document these communications or at least note that the range was provided, in case you need to demonstrate compliance.
Handle Remote and Multi-State Job Postings Carefully: If you’re posting a job that can be performed remotely anywhere in the U.S., you should assume that some applicants might be in a state with a transparency law. The safest approach is to include a salary range on all remote job postings, or at minimum add a note like, “Salary range available for positions to be performed in [State] as required by law: $X–$Y.” In fact, Colorado’s guidance explicitly says that even if a remote job states you won’t consider Colorado applicants, if the work could be done in Colorado, you must comply with the Colorado law. Rather than juggling different versions of a job ad for different states, many employers choose to comply across the board. Embracing transparency company-wide can simplify compliance and avoid accidental violations.
Announce Internal Opportunities (When Required): Some of these laws aim to ensure current employees aren’t left in the dark about advancement opportunities. If you’re covered by laws like Colorado’s or New Jersey’s, you need to notify your employees about job openings and promotions internally. For example, Colorado requires that “every employee must receive notice of each job opportunity” (essentially, post jobs internally, not just externally). Illinois and New Jersey likewise will require employers to make a good-faith effort to announce promotional opportunities to internal staff . To comply, establish an internal job posting board or email notification system so your team knows about openings at the same time as outside applicants. This not only meets legal requirements but also boosts morale by showing you promote from within.
Train Your Hiring Teams: Make sure anyone involved in hiring – recruiters, HR staff, hiring managers – is aware of these new rules. They should know, for each role, what salary range to communicate and how to handle questions about pay. If your managers have never discussed salary openly with candidates before, give them guidance or scripts on how to do so. As Fisher Phillips (a law firm) advises, training your hiring managers and HR on the new requirements is critical . Everyone should understand that it’s not just allowed to talk about pay – it’s often required.
Set Realistic Ranges (Backed by Data): A compliance tip that’s also just good HR practice: review your compensation structures and set defined ranges for each position or pay grade. These laws force the question, “What is the range we pay for this job?” It’s better for you to proactively figure that out than to slap a random number on a posting. Look at market salary data, your budget, and your current employees’ pay for similar roles. Make sure the range you publish is one you’re prepared to honor. This will save headaches if a candidate expects the top of the posted range – you should be comfortable paying that if they are the right hire. Also, ensure your posted ranges don’t inadvertently reveal internal pay inequities (e.g., if you have a current employee making below the posted minimum, you may need to correct that). Conducting internal pay audits can be helpful to ensure your ranges are aligned with actual pay practices and equal pay laws .
Keep Records of Compliance: Some states require record-keeping. Colorado, for example, requires employers to keep records of job descriptions and wage history for each employee for the duration of employment plus two years . Even if not explicitly required, it’s wise to keep copies of your job postings and notes on when/how you disclosed salary info to candidates. This provides a paper trail in case a question arises. If a disgruntled applicant claims you never shared the range, you’ll want evidence that you did.
Don’t Ask About Salary History: While not exactly the same as salary range transparency, many states with these laws also have salary history ban laws (you can’t ask applicants what they earned in the past). For instance, all the states mentioned above (and more than 20 states total) ban salary history inquiries. The logic is related: instead of basing pay on someone’s past (which might reflect past discrimination), base it on the job’s value. Make sure your hiring team avoids salary history questions, as they often go hand-in-hand with transparency rules. In fact, some new laws like New Jersey’s and Illinois’ also strengthen or reiterate salary history bans as part of the package.
Be Prepared for Questions and Reactions: Once you post salary ranges, you might get current employees asking why they make what they do, or candidates trying to negotiate at the top of the range. Have a plan for how to explain your compensation decisions. Transparency can prompt healthy conversations – use them as an opportunity to underscore that pay is based on skill, experience, performance, etc., and that the range is there to set expectations. Also, ensure your managers know how to respond if an applicant says “Can you pay above the posted range?” (Generally, the range should be what you intend, but if you find an exceptional candidate, you might need internal approval processes to go above it – just be cautious because posting a range and then not sticking to it could be seen as bad faith by regulators).
When in Doubt, Err on the Side of Transparency: If you’re unsure whether a law applies, or if a job might fall under a state’s requirement, it’s usually safer (and easier) to include the salary info. There’s no penalty for being transparent where you didn’t strictly have to. On the other hand, failing to disclose when you should have can lead to complaints, fines, or at the very least, a frustrated applicant experience. Plus, many employers find that including pay ranges actually increases the quality of applications – you attract candidates who are comfortable with the pay on offer, saving time on both sides.
It’s worth noting what could happen if you don’t comply. Penalties vary by state, but generally these laws impose civil penalties or fines for violations. For example, a state labor department might fine an employer per violation (per posting that lacks the info). That said, many jurisdictions are initially taking a gentle approach: in most states, enforcement agencies are focused on getting employers to comply rather than slapping them with big fines on day one. Some laws even include a “cure period” – if you’re notified of a violation, you get a window of time to fix it (such as updating the posting) before any fine is issued .
Employees or applicants may also have the right to sue or file complaints. In Washington, for instance, an applicant can file a complaint with the state labor department or bring a civil action if an employer fails to disclose required pay info. That means not only regulators, but potential hires, are watching your compliance. The negative publicity of being called out for not posting salaries (especially in the era of social media) is another incentive to follow the rules.
As a business owner, you obviously want to avoid penalties and legal disputes. But the upside is that compliance is usually straightforward – it’s about providing information. Once you build this into your hiring process, the risk of an accidental miss decreases.
Staying compliant across different states may sound daunting, but a few concrete actions can put you on the right track. Here’s an action plan to help you navigate salary range transparency laws:
Stay Informed on the Law – Keep a pulse on which states have passed or are considering pay transparency legislation. Laws taking effect in 2025 (like those in Illinois, New Jersey, etc.) are a done deal, so make sure you’re ready for those. Watch for new developments in other states through late 2025 and 2026 – the landscape is still evolving. A great practice is to consult credible sources (state labor department websites, legal counsel, or updates from organizations like SHRM or trusted HR blogs) for the latest information. If you operate in multiple states, consider creating a simple spreadsheet or chart of the requirements in each state where you hire. Update it quarterly.
Audit Your Pay Ranges and Compensation Policies – Before you publish salary info, ensure it’s accurate and equitable. Review the salaries of current employees in similar roles to the ones you’re advertising to avoid embarrassing discrepancies. If your ranges are outdated or too broad, refine them. This might involve doing market salary research or working with an HR consultant. Also, update your compensation policy in writing – define how ranges are set and when they’re reviewed. Being able to show a consistent method for determining pay ranges can be helpful if anyone ever questions your posted numbers. As one legal expert put it, use this moment as an opportunity to “proactively review and update your pay policies” so they align with both legal requirements and your workforce’s expectations .
Update Job Posting Templates and Systems – Modify your standard job posting template to include a spot for “Salary Range” and “Benefits Information.” This might be in the job description document or in your online recruitment system. The goal is to make including the salary range a default step whenever a new job ad is created. For example, if you use an Applicant Tracking System (ATS), configure it to prompt the recruiter to enter the salary range before a posting can go live. By baking it into your process, you reduce the chance that someone forgets to add the info. Also, if you have a company careers page, ensure it has fields to display salary and benefits details. Doing a quick audit of your current open job listings to verify compliance (and updating any that lack the required info) is a good immediate step.
Educate and Train Your Team – We touched on this in the compliance tips, but it’s worth reiterating as a key action item. Hold a training session (or at least send a detailed memo) for managers and HR staff about the new salary transparency laws that affect your business. Explain why the company is implementing these changes (not just “because it’s the law,” but also the benefits for fairness and candidate trust). Walk through examples of how to post a job with the salary range, and how to answer if a candidate asks “Is that amount negotiable?” or “What if I have more experience than the range accounts for?” When everyone is on the same page, compliance becomes part of your company culture rather than a one-time task.
Consult Legal or HR Experts for Complex Situations – If you’re a multi-state employer or you’re unsure about how certain rules apply (for instance, a remote job, or whether your company size triggers a law’s threshold), don’t hesitate to consult with an employment attorney or HR compliance specialist. Law firms like Littler, Fisher Phillips, Jackson Lewis (and others we’ve referenced) regularly publish updates and guides – those can be great free resources. For a more tailored approach, an attorney can review your specific situation. It’s a small investment to avoid a potential legal misstep. Especially on tricky points like Maryland’s “physically performed at least in part in the state” wording or Hawaii’s 50-employee threshold interpretation, an expert opinion can clarify your obligations.
Embrace Transparency as a Business Strategy – Instead of viewing these laws as just a compliance headache, consider the upside. Companies that openly share pay ranges can build trust and attract candidates who appreciate the candor. Many employees (especially younger workers) now expect some level of pay transparency. By getting ahead of the curve and perhaps posting ranges even in states where you’re not forced to, you present your business as forward-thinking and fair. You might even reduce turnover – employees won’t be left guessing if they’re paid fairly when they see ranges for new hires. As one commentary noted, these laws are an opportunity for businesses to “strengthen their employer brand by demonstrating a commitment to fair pay practices.” . In other words, use transparency to your advantage in recruitment and retention.
Monitor and Adjust – After implementing these changes, monitor the results. Are you getting fewer applicants or more? Are candidates commenting on or asking about the posted ranges? Are there any complaints or legal notices about your postings? Use that feedback to adjust. Maybe you realize your initial ranges were off and you need to revisit them. Or perhaps you find that including benefits info generated more interest – great, keep doing it. This is an ongoing process. Also, keep an eye on new states that might pass laws in 2026. If Congress ever moves on a federal pay transparency law, that could simplify or add another layer of compliance (hard to predict, but stay tuned). Make salary transparency a regular topic in your HR planning meetings.
Avoid Evasive Tactics – One tempting “solution” some companies tried early on was to exclude candidates from states with strict laws (for example, posting “remote job – open to all U.S. locations except Colorado”). This approach is not recommended. Not only does it shrink your talent pool and potentially discriminate against certain applicants, but it also drew significant backlash online and from state authorities. Colorado, for instance, made it clear that if the job can be done in Colorado, you must comply regardless of what your posting says . It’s better to comply and include the information than to appear as if you’re deliberately avoiding transparency. The reputational damage of that approach can outweigh any perceived benefit. In short, don’t try to cheat the system – it’s a bad look and could land you in hot water.
By following these steps, you’ll not only stay compliant with the patchwork of laws but also likely see some positive side effects in your hiring process. Transparency fosters trust – both with current employees and prospective ones. It may require some work to implement new practices, but many companies find the process ultimately improves their compensation strategy and employer-employee relationships.
Salary range transparency laws are reshaping the hiring landscape across the United States. What began with a few pioneering states (like Colorado) has grown into a nationwide movement toward openness about pay. As we’ve seen, as of 2025 about 14 states have enacted laws requiring employers to share salary information either in job postings or during the hiring process, and more laws are on the way . For business owners, keeping up with these rules is now an important part of compliance. But beyond avoiding fines, there’s a real opportunity here: by embracing pay transparency, you show employees and candidates that you value fairness and honesty.
Adapting to this new norm means updating some habits – writing job postings with salary details, having candid pay conversations, and continuously reviewing your pay practices. It might feel a bit uncomfortable at first (after all, many of us were taught not to discuss money), but it’s quickly becoming an expected part of doing business. And remember, you’re not alone. Many employers are going through the same learning curve, and most regulators are giving grace periods and guidance to help everyone get it right.
In the end, compliance is the floor, not the ceiling. The real win is when transparency is part of your company culture. Employees trust leaders who trust them with information. Candidates are more likely to join (and stay at) a company that’s upfront about how it pays. And businesses that regularly examine their pay ranges tend to make more equitable, data-driven compensation decisions – which can improve morale and productivity.
So, use the tips and steps outlined above to get your company in shape for the current and upcoming laws. Check which states’ rules apply to you, adjust your job postings, train your team, and create a plan. By doing so, you’ll not only steer clear of legal trouble but also position your business as a fair and attractive place to work. In a world moving toward transparency, your willingness to adapt is a strength.