Update On Pay Transparency Laws
Colorado was the first state to pass a pay transparency law, but many states and municipalities have followed suit. In the day and age of the remote workforce, it is challenging for employers to understand what they are required to post or disclose.
We just went through a wave of transparency laws going into effect, and several more are coming in January. Not to mention that the odds are high that New York will pass a state pay transparency law, which will go into effect 270 days from signing by the governor.
We highly encourage everyone in HR and talent acquisition to bookmark the HR Dive tracker, A running list of states and localities that require employers to disclose pay or pay ranges. Here is a summary of where everything stands today (11/2/2022)…
California
Currently in effect:
- Upon request by the applicant, all employers must provide the pay range after the initial interview
- All employers with 15 or more employees must include pay ranges on all job postings
Starting 1/1/2023:
- All employers must provide salary ranges to applicants upon request with no interview requirement
- All employers must disclose pay ranges to current employees upon request
- All employers with 15 or more employees and any third parties representing them must include pay ranges in their postings
Colorado
Currently in effect:
- All employers must provide all compensation and benefits information on all job postings
Connecticut
Currently in effect:
- All employers must provide salary ranges to applicants upon request or before an offer of employment is extended to the applicant
Maryland
Currently in effect:
- All employers must provide salary ranges to applicants upon request
Nevada
Currently in effect:
- Upon request by the applicant, including promotions or transfers, all employers must provide the pay range after the initial interview
Jersey City, New Jersey
Currently in effect:
- All employers with 5 or more employees must disclose all compensation and benefits information for all jobs, promotions, or transfers
New York, New York
Currently in effect:
- All employers with 4 or more employees must disclose the salary minimums and maximums for all jobs, promotions, or transfers
Ithaca, New York
Currently in effect:
- All employers with 4 or more employees must disclose the salary minimums and maximums for all jobs, promotions, or transfers
- The law excludes temporary roles through employment agencies
Westchester County, New York
Starting 11/6/2022:
- All employers with 4 or more employees must disclose the salary minimums and maximums for all jobs, promotions, or transfers
- The law excludes temporary roles through employment agencies
Cincinnati, Ohio
Currently in effect:
- All employers with 15 or more employees, including contractors and staffing agency employees, must disclose the salary range upon request and once an offer has been made
- The law excludes local, state, and federal and only applies to the city
Toledo, Ohio
Currently in effect:
- All employers with 15 or more employees, including contractors and staffing agency employees, must provide the salary range to all applicants
- The law excludes local, state, and federal and only applies to the city
Rhode Island
Starting 1/1/2023:
- All employers must provide salary ranges to applicants upon request with no interview requirement
- All employers must disclose pay ranges to current employees upon request
Washington
Starting 1/1/2023:
- Employers with 15 or more employees must provide all compensation and benefits information on all job postings
And we would be remiss if we did not include this link from Paycor on Pay Equity and State-by-State Laws.