Pay Transparency Laws by State 2026: Salary Disclosure Requirements
16 states and DC require salary range disclosure in job postings in 2026. State-by-state guide to pay transparency laws, employer thresholds, and compliance requirements.
Pay Transparency Laws — Key Facts
| DETAIL | INFORMATION |
|---|---|
| States with pay transparency laws (2026) | 16 states + Washington D.C. require salary range disclosure in job postings or upon request |
| Federal pay transparency law | None — the Salary Transparency Act was introduced in Congress but remains pending |
| Most common requirement | Employers must include a good-faith salary or hourly wage range in job postings |
| Strictest states | Colorado, California, Illinois, New York, and Washington require disclosure in both external and internal postings |
| Lowest employer threshold | New York — 4 or more employees |
| Highest employer threshold | Hawaii — 50 or more employees |
| Remote work impact | If a remote position can be performed from a state with pay transparency requirements, that state's law generally applies regardless of where the employer is headquartered |
| Related laws | Salary history bans prohibit employers from asking applicants about prior compensation |
| Upcoming | Delaware (effective September 26, 2027) |
| Sources |
https://www.eeoc.gov/equal-paycompensation-discrimination
https://www.dol.gov/agencies/wb/equal-pay-protections https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB642 https://www.ilga.gov/legislation/billstatus.asp?DocNum=3129&GAID=17&GA=103&DocTypeID=HB&LegID=148283&SessionID=112 |
Overview: Pay Transparency Laws in the United States
Pay transparency laws require employers to disclose compensation information — typically a salary or hourly wage range — to job applicants, current employees, or both. As of 2026, 16 states and Washington D.C. have enacted statewide laws requiring some form of pay disclosure, though the specific requirements vary significantly by jurisdiction.
There is no federal pay transparency law in the United States. The Salary Transparency Act was introduced in the U.S. House of Representatives in 2023 and would require employers to disclose wage or wage ranges in public and internal job postings, but the bill has not been enacted. The Paycheck Fairness Act, which would strengthen the Equal Pay Act of 1963 and address pay transparency, has also been introduced multiple times but has not passed.
Federal law does protect employees’ right to discuss their own wages. Under the National Labor Relations Act (NLRA), employers cannot prohibit employees from discussing their pay with coworkers or retaliate against them for doing so. Executive Order 13665 (2014) extends similar protections to employees of federal contractors.
State pay transparency laws generally fall into three categories: mandatory salary range disclosure in job postings, disclosure upon request by an applicant or employee, and salary history bans (prohibiting employers from asking about a candidate’s prior compensation). Some states have enacted laws in all three categories.
Sources: EEOC — Equal Pay/Compensation Discrimination | NLRB — Your Rights | DOL — Equal Pay Protections
State-by-State Pay Transparency Requirements (2026)
The following table summarizes the pay transparency requirements in all states and jurisdictions that mandate salary range disclosure in job postings or upon request as of 2026.
| State | Effective | Threshold | Posting Required? | Upon Request? | Benefits? | History Ban? | Internal Notice? | Penalties |
|---|---|---|---|---|---|---|---|---|
| California | Jan 1, 2023 Amended Jan 1, 2026 (SB 642) |
15+ employees | Yes Pay scale in all postings |
Yes | No Pay data reports for 100+ |
Yes | No | $100–$10,000 per violation |
| Colorado | Jan 1, 2021 | All employers | Yes Compensation + benefits in all postings |
Yes | Yes | Yes | Yes All openings + promotions |
$500–$10,000 per violation |
| Connecticut | Oct 1, 2021 | All employers | No | Yes At request or upon offer |
No | Yes | No | Civil action within 2 years |
| Hawaii | Jan 1, 2024 | 50+ employees | Yes Hourly rate or salary range |
Yes | No | Yes | No | $1,000–$3,000 per violation |
| Illinois | Jan 1, 2025 HB 3129 |
15+ employees | Yes Pay scale + benefits |
Yes Prior to offer |
Yes | Yes | Yes 14 days of external posting |
Civil penalties + damages |
| Maine | Jan 1, 2026 | 10+ employees | Yes Pay range in all postings |
Yes | No | No | No | Not specified |
| Maryland | Oct 1, 2024 | All employers | Yes Wage range + benefits + other comp |
Yes | Yes | Yes | Yes Promotions + transfers |
Warning → $300 → $600+ |
| Massachusetts | Oct 29, 2025 | 25+ employees | Yes Good-faith pay range |
Yes | No | Yes | Yes Promotions + transfers |
Warning → up to $25,000 repeat violations |
| Minnesota | Jan 1, 2025 | 30+ employees | Yes Starting salary range + benefits |
Yes | Yes Retirement + group health |
No | No | Not specified |
| Nevada | Oct 1, 2021 | All employers | No | Yes After initial interview |
No | Yes | Yes Promotions + transfers |
$5,000 per violation |
| New Jersey | Jun 1, 2025 | 10+ employees | Yes Range (max 60% spread) + benefits |
Yes | Yes | Yes | Yes | $300 → $600 1st → subsequent |
| New York | Sep 17, 2023 | 4+ employees | Yes Compensation range (hourly or salary) |
Yes | No NYC has additional rules |
Yes | No | $1,000 → $5,000 → $10,000 1st → 2nd → 3rd+ |
| Rhode Island | Jan 1, 2023 | All employers | No | Yes At request, interview, or position change |
No | Yes | No | Civil penalties |
| Vermont | Jul 1, 2025 | 5+ employees | Yes Compensation range in all ads |
Yes | No | Yes | No | Not specified |
| Washington | Jan 1, 2023 | 15+ employees | Yes Wage scale + benefits + other comp |
Yes After initial offer |
Yes | Yes | Yes Promotions + transfers |
$500–$1,000 per violation |
| Washington D.C. | Nov 2024 | All employers | Yes Pay range in all postings |
Yes | No | Yes | Yes Promotions + transfers |
Varies |
| Delaware ⏳ | Sep 26, 2027 Upcoming |
25+ employees | Pending Good-faith pay range |
Pending | — | — | — | TBD |
Upcoming: Delaware has enacted a pay transparency law (signed September 2025) requiring employers with 25 or more employees to include a good-faith pay range in job postings. The Delaware law takes effect September 26, 2027.
Key State Details
California
California’s pay transparency law (SB 1162, effective January 1, 2023) requires employers with 15 or more employees to include the pay scale for a position in all job postings. Senate Bill 642, signed October 8, 2025, amends the law effective January 1, 2026 by redefining “pay scale” to mean a good-faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire. This amendment was designed to prevent employers from posting overly broad ranges. SB 642 also extends the statute of limitations for civil actions related to pay scale violations from three years to six years for willful violations. Employers must maintain records of job titles and wage rate histories for each employee during employment and for three years after termination. Employers with 100 or more employees must submit annual pay data reports to the California Civil Rights Department.
Source: California SB 642 (2025–2026) | California SB 1162 (2021–2022)
Colorado
Colorado was the first state to require salary range disclosure in job postings, effective January 1, 2021 under the Equal Pay for Equal Work Act. The law applies to all employers with at least one Colorado employee. Employers must disclose the compensation range, a general description of all benefits, and other compensation offered for every job opening. Colorado also requires employers to notify all employees of promotional opportunities and make reasonable efforts to announce job openings to all employees before filling the position. Penalties range from $500 to $10,000 per violation.
Source: Colorado Equal Pay for Equal Work Act (C.R.S. § 8-5-101)
Illinois
Illinois’s pay transparency law (HB 3129, amending the Equal Pay Act, 820 ILCS 112) took effect January 1, 2025 and applies to employers with 15 or more employees. Employers must include the pay scale and benefits for a position in all job postings, whether posted directly or through a third party. If a posting is not made available to an applicant, the employer must disclose the pay scale and benefits prior to any offer or discussion of compensation. Employers must notify current employees of promotion opportunities within 14 calendar days of any external posting. The Illinois Department of Labor may investigate complaints and levy civil penalties.
Source: Illinois HB 3129 | 820 ILCS 112 — Equal Pay Act of 2003
Massachusetts
Massachusetts expanded its pay transparency requirements effective October 29, 2025. Employers with 25 or more employees must include a good-faith pay range in all job postings, including postings for promotions and transfers. The law includes a two-year grace period for first and second violations (employers receive a warning and an opportunity to correct). After the grace period, penalties can reach up to $25,000 for repeated violations. Massachusetts also prohibits employers from asking applicants about salary history.
Source: Massachusetts H.4890 — An Act Relative to Salary Range Transparency
New York
New York’s pay transparency law (effective September 17, 2023) applies to employers with 4 or more employees — one of the lowest thresholds in the nation. Employers must include the compensation range (minimum and maximum annual salary or hourly wage) in all job advertisements for new positions, promotions, and transfers. The law applies to positions performed in New York and to positions that report to a supervisor, office, or work site in New York, including remote positions. Employers must also disclose if a position is entirely commission-based. New York City has additional local requirements under Local Law 32 (effective November 1, 2022).
Source: New York Labor Law § 194-b
Washington
Washington’s pay transparency law (effective January 1, 2023) applies to employers with 15 or more employees who have at least one Washington-based employee or who recruit in Washington. Employers must disclose the wage scale or salary range, a general description of all benefits, and other compensation offered in all job postings. The law extends to internal transfer and promotion opportunities. Violations may result in fines of $500 to $1,000 per violation.
Source: Washington SB 5761 (RCW 49.58)
Maine
Maine’s pay transparency law took effect January 1, 2026 and applies to employers with 10 or more employees. Employers must include the pay range for a position in all job postings, whether posted directly or through a third party. The pay range may be based on any applicable pay scale, a budgeted amount for the position, a previously determined range, or the actual wages of current employees in the same position.
Vermont
Vermont’s pay transparency law took effect July 1, 2025 and applies to employers with 5 or more employees (the lowest threshold among states requiring job posting disclosure). Employers must include the compensation range in all job advertisements. Vermont also prohibits employers from asking about a candidate’s pay history or retaliating against employees for discussing wages.
New Jersey
New Jersey’s pay transparency law took effect June 1, 2025 and applies to employers with 10 or more employees. Employers must include a good-faith salary range and a general description of benefits in all job postings. The spread between the minimum and maximum pay in the posted range cannot exceed 60% of the minimum amount. Employers must also notify current employees of promotional opportunities posted internally or externally. Penalties range from $300 for first violations to $600 for subsequent violations.
States With Salary History Bans
Salary history bans prohibit employers from asking job applicants about their current or prior compensation. These bans are designed to prevent historical pay discrimination from following workers throughout their careers and perpetuating wage gaps. States with salary history bans (private employers) include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington. Washington D.C. also has a salary history ban.
The EEOC has stated that taking adverse action against employees for discussing compensation may constitute unlawful retaliation under federal anti-discrimination laws, and the NLRA protects employees’ right to discuss wages with coworkers.
Sources: EEOC — Pay Discrimination FAQs | NLRB — Your Rights
Federal Pay Transparency Protections
While there is no federal law requiring salary range disclosure in job postings, several federal laws address pay transparency and equity.
The Equal Pay Act of 1963 prohibits wage discrimination based on sex for employees performing substantially equal work in the same establishment. If there is an inequality in wages between men and women, the employer must raise the lower wage — the employer may not reduce wages to achieve compliance.
Title VII of the Civil Rights Act of 1964 prohibits compensation discrimination based on race, color, religion, sex, or national origin. The EEOC enforces both the Equal Pay Act and Title VII.
The National Labor Relations Act (NLRA) protects employees’ right to discuss wages and other terms and conditions of employment with coworkers. Employer policies that prohibit or discourage pay discussions may violate the NLRA.
Executive Order 11246 (as amended by Executive Order 13665) prohibits federal contractors from discharging or discriminating against employees who discuss, disclose, or inquire about their compensation or the compensation of other employees.
The Lilly Ledbetter Fair Pay Act of 2009 resets the statute of limitations for filing an equal pay discrimination claim with each discriminatory paycheck.
Sources: EEOC — Equal Pay/Compensation Discrimination | NLRB — Your Rights | DOL — Equal Pay Protections | EEOC — Enforcement Guidance on Retaliation
Impact on Remote Work Positions
Pay transparency laws have significant implications for remote work and multi-state hiring. In most states with pay transparency requirements, the law applies to positions that can be performed within the state — regardless of where the employer is headquartered.
California, New York, Washington, Colorado, and Illinois all apply their pay transparency requirements to remote positions that could be performed by workers within their borders. This means an employer based in Texas (which has no pay transparency law) that posts a remote position open to applicants in New York must include a salary range in the job posting to comply with New York law.
Employers posting remote positions open to applicants nationwide are generally required to comply with the pay transparency laws of every state from which they accept applicants. The practical compliance approach adopted by many multi-state employers is to include salary range, benefits, and other compensation information in all job postings — applying the requirements of the strictest applicable jurisdiction as a baseline.
Employers that wish to exclude applicants from states with pay transparency laws must state the geographic limitation explicitly in the job posting.
Sources: DOL — Equal Pay Protections | EEOC — Prohibited Employment Policies/Practices
FAQs: Pay Transparency Laws 2026
What are pay transparency laws?
Pay transparency laws are state and local laws that require employers to disclose salary or wage range information to job applicants, current employees, or both. Requirements may include posting salary ranges in job advertisements, disclosing pay scales upon request, and prohibiting employers from asking about an applicant’s salary history. As of 2026, 16 states and Washington D.C. have enacted statewide pay transparency requirements.
Is there a federal pay transparency law?
No. There is no federal law requiring salary range disclosure in job postings. The Salary Transparency Act and the Paycheck Fairness Act have been introduced in Congress but have not been enacted. However, the Equal Pay Act of 1963 prohibits wage discrimination based on sex, and the NLRA protects employees’ right to discuss wages with coworkers.
Which states require salary ranges in job postings in 2026?
States requiring salary range disclosure in job postings as of 2026 include California, Colorado, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Vermont, and Washington. Connecticut, Nevada, and Rhode Island require disclosure upon request. Washington D.C. also requires salary range disclosure.
What is a “good faith” salary range?
A good-faith salary range is the compensation range that the employer honestly and reasonably expects to pay for the position at the time of posting. Under California’s SB 642 (effective January 2026), “pay scale” is specifically defined as a good-faith estimate of the salary or hourly wage range the employer reasonably expects to pay upon hire. Overly broad ranges may not comply with state requirements.
Do pay transparency laws apply to remote jobs?
In most states with pay transparency laws, the requirements apply to positions that can be performed within the state, regardless of where the employer is located. An employer based in a state without pay transparency requirements that posts a remote job open to applicants in California, New York, or other covered states must comply with those states’ disclosure laws.
What are salary history bans?
Salary history bans prohibit employers from asking job applicants about their current or prior compensation during the hiring process. These laws prevent past pay disparities from affecting future earnings. As of 2026, approximately 17 states and Washington D.C. have enacted salary history bans for private employers.
What happens if an employer violates pay transparency laws?
Penalties vary by state. Violations may result in civil penalties ranging from $100 to $25,000 per violation, depending on the jurisdiction. Some states issue warnings for first violations and escalate penalties for repeated non-compliance. Employees and applicants may also have the right to file civil lawsuits for violations.
Does my small business have to comply with pay transparency laws?
Compliance depends on employer size thresholds that vary by state. New York applies its law to employers with just 4 or more employees. Vermont’s threshold is 5 employees. Maine and New Jersey require 10 or more. California and Illinois require 15 or more. Massachusetts requires 25 or more. Minnesota requires 30 or more. Hawaii has the highest threshold at 50 or more employees.
Do pay transparency laws require disclosing benefits?
Some states require disclosure of benefits in addition to salary ranges. Colorado, Illinois, Maryland, Minnesota, New Jersey, and Washington require employers to include a general description of benefits and other compensation (such as bonuses, commissions, or stock options) in job postings. Other states require only salary or wage range disclosure.
Can I be fired for asking about pay ranges?
Federal law protects employees’ right to discuss wages under the NLRA. Additionally, most states with pay transparency laws include anti-retaliation provisions that prohibit employers from penalizing applicants or employees for requesting or discussing pay information.
Official Government Sources
All information on this page is compiled exclusively from official U.S. government (.gov) sources:
- EEOC — Equal Pay/Compensation Discrimination
- EEOC — Pay Discrimination FAQs
- EEOC — Prohibited Employment Policies/Practices
- EEOC — Enforcement Guidance on Retaliation
- DOL — Equal Pay Protections
- NLRB — Your Rights
- California SB 642 — Employment: Payment of Wages (2025–2026)
- California SB 1162 — Employment: Salaries and Wages (2021–2022)
- Colorado SB 19-085 — Equal Pay for Equal Work Act
- Illinois HB 3129 — Equal Pay Act Amendments
- Illinois 820 ILCS 112 — Equal Pay Act of 2003
- Massachusetts H.4890 — Salary Range Transparency
- New York Labor Law § 194-b
- Washington SB 5761 (RCW 49.58)
Update History
March 2026: Initial publication. All URLs verified functional.