Pay Transparency Laws by State
What you can ask
and what you must post
Pay range disclosure and salary history rules, state by state. Pick where the work is physically performed — not where your office is.
The short version
Thirteen states and Washington, D.C. now require a pay range in the job posting itself. Three more — Connecticut, Nevada, and Rhode Island — require you to disclose it at a set point in the hiring process instead. Eighteen states plus D.C. prohibit asking applicants what they currently earn or earned previously. Ohio has no state law, but four of its cities do.
The rule that catches people out: these laws follow the work, not your office. If you're headquartered in Michigan and hiring someone who will work in Virginia, Virginia's rules apply to that posting.
Where a pay range must appear in the job posting
| State | Who it covers | In effect |
|---|---|---|
| California | 15+ employees | Jan 2023 |
| Colorado | Any employer with a Colorado employee | Jan 2021 |
| Hawaii | 50+ employees | Jan 2024 |
| Illinois | 15+ employees | Jan 2025 |
| Maine | 10+ employees | Jul 2026 |
| Maryland | All employers | Oct 2024 |
| Massachusetts | 25+ employees | Oct 2025 |
| Minnesota | 30+ employees | Jan 2025 |
| New Jersey | 10+ employees | Jun 2025 |
| New York | 4+ employees | Sep 2023 |
| Vermont | 5+ employees | Jul 2025 |
| Virginia | All employers — no size threshold | Jul 2026 |
| Washington | 15+ employees | Jan 2023 |
| Washington, D.C. | Any employer with a D.C. employee | Jun 2024 |
Delaware joins this list on September 26, 2027, for employers with more than 25 employees. Connecticut, Nevada, and Rhode Island don't require the range in the ad, but do require disclosing it during the hiring process.
Where asking about salary history is banned
Alabama · California · Colorado · Connecticut · Delaware · Hawaii · Illinois · Maine · Maryland · Massachusetts · Nevada · New Jersey · New York · Oregon · Rhode Island · Vermont · Virginia · Washington · Washington, D.C.
In most of these states the ban covers indirect routes too — asking a previous employer, requesting a pay stub or W-2, or pulling the figure from a background check. Asking what someone wants to earn remains legal everywhere.
Cities and counties with their own rules
| Jurisdiction | What it requires |
|---|---|
| Cleveland, OH | Salary range in postings; expressly covers placement and referral agencies |
| Columbus, OH | Reasonable salary range in postings; enforcement begins Jan 2027 |
| Cincinnati & Toledo, OH | Salary history restricted; pay scale on request after a conditional offer |
| New York City, NY | Range in postings, with penalties reaching $250,000 |
| Ithaca, Albany County & Westchester County, NY | Local range and salary history rules layered on the state law |
| Jersey City, NJ | Range in postings at 5+ employees |
| Philadelphia & Lehigh County, PA | Salary history inquiries banned |
| Kansas City, MO | Salary history inquiries banned |
Ohio has no statewide law, so a company hiring in Cleveland and Dayton faces different rules in each city. Michigan and Wisconsin go the other way — both have state laws that prevent cities from passing their own salary history bans.
Questions we get asked
Does Virginia require pay ranges in job postings?
Yes. Since July 1, 2026, Virginia employers must include a good-faith wage or salary range in every posting — public or internal — for any job, promotion, or transfer. Virginia has no employee-count threshold, so a three-person crew is covered the same as a national operation.
Which state's law applies to a remote or multi-state role?
Generally the state where the work is physically performed, not where the company is headquartered and not where the candidate lives. New York adds a wrinkle: its law also reaches remote roles performed elsewhere that report to a New York supervisor or office.
What counts as a good-faith pay range?
A range you would actually pay. "Competitive," "DOE," and open-ended figures like "$65,000+" don't satisfy any of these laws. Colorado's rules allow a range running from the lowest to the highest an employer honestly believes it might pay, and permit paying outside it later so long as the posted range was honest when posted. New Jersey's proposed rules go further and cap the spread at 60% of the minimum.
Do these laws apply to small businesses?
It depends entirely on the state. Virginia, Colorado, Maryland, and D.C. have no meaningful size threshold. New York starts at four employees, Vermont at five, New Jersey and Maine at ten, California, Illinois, and Washington at fifteen, Massachusetts at twenty-five, and Minnesota at thirty. Hawaii's is the highest at fifty.
Can an employer use salary history if the candidate volunteers it?
Narrowly, in most states — and only to justify paying more than the original offer, never less and never as a screen. Virginia requires the disclosure to come after an initial offer for even that use to apply. Several states also prohibit obtaining pay history through a third party, which means a recruiter can't relay it on the employer's behalf.
What happens if a posting doesn't include the range?
Penalties range from a few hundred dollars to $25,000 per violation depending on the state, and Virginia and Washington both allow private lawsuits. Several states give a short window to fix a posting after written notice: two business days in Massachusetts, five in Washington, fifteen in Virginia.
What does this change about working with a recruiter?
Two things. Your recruiter should be asking you for a real wage range at kickoff, before anything is advertised — several of these laws reach recruiting firms directly, not just employers. And they shouldn't be asking your candidates what they currently earn. What they bring you instead is more useful anyway: what the candidate is targeting, who else is in the conversation, and what the market is actually paying for that role in that market.
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Hiring in one of these states?
We handle the job postings so you don't have to track rules that vary by state, city, and company size — and change fast. Specializing in Green Industry recruiting, we'll give you a straight answer about what your role should pay in your market.