For more information, see HR Dive’s summary with links
California was the first state in the U.S. to legally require employers to provide the pay range for a job—if the candidate asks for it after the first interview.
Passed in 2016, and updated annually, California’s Equal Pay Act prevents employers from asking about candidates’ previous salaries, and was the first law to use the phrase “substantially similar work” in regards to gender pay parity.
In effect since January 2021, Colorado’s Equal Pay for Equal Work Act requires employers to list the pay range and benefits for every job opening. See a detailed explanation below.
Connecticut passed a bill that took effect in October 2021, requiring employers to provide a salary range for all extended offers, or before then, if the candidate asks for it.
This applies to transfers and promotions, too. Employers in Connecticut have to provide a pay range for any instance where someone is moving into a new role.
Maryland originally passed its Equal Pay for Equal Work Act in 2016, but updated it in 2020 with language that requires employers to provide pay ranges to candidates upon request. Employers in Maryland are also prohibited from asking candidates about their previous salary history.
Maryland employees should make a consistent practice of asking potential employers for pay ranges prior to accepting an offer.
Employers must disclose the minimum and maximum salary, or hourly wage, and benefits for each job, promotion or transfer opportunity. The range may extend from the lowest to the highest salary that the employer in good faith believes at the time of the posting it would pay.
New York City
New York City’s law was originally set to take effect April 28, 2022, but the City Council passed and Mayor Eric Adams signed an amended version that delayed the effective date and made additional clarifications to some of the law’s provisions to November 1, 2022.
Employers must disclose the minimum and maximum salary, or hourly wage, and benefits for each job, promotion or transfer opportunity. The range may extend from the lowest to the highest salary that the employer in good faith believes at the time of the posting it would pay. The law does not cover jobs that cannot or will not be performed, at least in part, in the city.
As of September 1, 2022, Employers must disclose the minimum and maximum hourly or salary compensation for each job, promotion or transfer opportunity. The range may extend from the lowest to the highest hourly wage or salary that the employer in good faith believes at the time of the posting it would pay. The law does not cover advertisements for temporary employment at a temporary help firm.
Effective October 2021, Nevada employers must provide a salary range to candidates after the first interview automatically. (It’s essentially California’s law, but compulsory for the employer.)
Starting in January of 2023, to adhere to the Rhode Island Equal Pay Law, employers must provide candidates with a pay range if the interviewee requests it— This will apply to transfers and promotions as well.
Not far behind California, Washington amended its Equal Pay and Opportunities Act in 2019 to require employers to provide a salary range after they’ve made an offer to a candidate if the candidate requests it. The same goes for transfers and promos.
Details on Colorado, the strictest state as of August 2022
All job postings, both internal and external, must include the hourly or salary compensation (or pay range) and a general description of all compensation and benefits offered.
Employers must include the following compensation and benefits information in each posting:
- Hourly rate or salary (or range);
- A general description of any bonuses, commissions, or other forms of compensation; and
- A general description of employment benefits, including health care, retirement, paid days off (sick leave, parental leave, paid time off, vacation), and any other benefits that are reportable for federal tax purposes, but not minor perks.
A compensation range may extend from the lowest to the highest pay the employer in good faith believes it may pay for the particular job. Employers may later deviate from the posted pay range as long as the range was in good faith, reasonable estimate of the range of possible compensation at the time of posting.
NOTE: Employers are not required to post jobs externally before hiring. But if an employer does decide to post a job externally, it must include compensation information. Also, the compensation posting requirements do not apply to jobs performed entirely outside of Colorado or postings made entirely outside of Colorado. However, postings for remote jobs and online postings must include compensation.