U.S. Pay Scale Transparency Legislation Cheat Sheet

Christine Hendrickson, VP of Strategic Initiatives, May 16, 2022

This article was originally published on January 21, 2022. It was last updated on May 16, 2022.

We are in a new era of pay transparency. There has been a steady drumbeat of new legislation, with states that broke pay transparency ground early inspiring others to shape their own unique regulations. And now, with more employees openly sharing their salaries and new legislation continuing to pass in 2022, many employers are realizing that pay transparency is here to stay. 

If you are feeling unprepared, don’t worry. You’re not alone. To help, our team of experts has put together a comprehensive cheat sheet for all the U.S. pay transparency legislation — and guidance for how to comply now and set yourself up for success.

Current salary range disclosure requirements in the U.S.

Location Requirement Proactive Disclosure Coverage Effective
California Must provide the salary scale to applicants, upon request, after the first interview. No Applicants Now (2018)
Colorado Must include in each job posting (1) base compensation (2) a general description of any bonuses, commissions, or other compensation; and (3) a general description of all benefits the employer is offering for the position. Yes, in job posting Applicants and Employees Now (2021)
Connecticut Must provide applicants the wage range for a position for which the applicant is applying, upon the earliest of (a) the applicant's request, or (b) prior to or at the time the applicant is made an offer of compensation.

Must provide employees the wage range for the employee's position upon (a) the hiring of the employee, (b) a change in the employee's position with the employer, or (c) the employee's first request.
Yes, but not in job posting Applicants and Employees Now (2021)
Maryland Must provide the wage range to applicants, upon request. No Applicants Now (2020)
Nevada Must provide applicants who have completed an interview for a position the wage or salary range or rate for the position.

Must provide the wage or salary range or rate for a promotion or transfer to a new position if the employee has (1) applied for the promotion or transfer, (2) completed an interview for the promotion or transfer or been offered a promotion or transfer, and (3) requested the wage or salary range or rate for the promotion or transfer.
Yes, but not in job posting Applicants and Employees Now (2021)
Ithaca, New York Must disclose in job advertisements the minimum and maximum hourly or salary compensation offered for new hires, transfers, and promotions. Yes, in job posting Applicants and Employees Coming Soon (Sept 1, 2022)
New York City, New York Must disclose in the job listings the minimum and maximum annual salary or hourly wage offered for new hires, transfers, and promotions. Yes, in job posting Applicants and Employees Coming Soon (Nov 1, 2022)
Westchester County, New York Must disclose in job postings the minimum and maximum hourly or salary compensation offered for new hires, transfers, and promotions. Yes, in job posting Applicants and Employees Coming Soon (Nov 5, 2022)
Jersey City, New Jersey Must disclose in job postings the minimum and maximum salary and/or hourly wage and benefits. Yes, in job posting Applicants and Employees Now (2022)
Cincinnati, Ohio Must provide salary scale to applicant upon request after conditional offer of employment is made. No Applicants Now (2019)
Toledo, Ohio Must provide salary scale to applicant upon request after conditional offer of employment is made. No Applicants Now (2020)
Rhode Island Must provide an applicant the wage range upon the applicant’s request and prior to discussing compensation.

Must provide the wage range for the employee’s position, upon request by an employee. May provide an employee the wage range both at the time of hire and when the employee moves into a new position.
Yes, but not in job posting Applicants and Employees Coming Soon (Jan 1, 2023)
Washington State Must provide an applicant, upon request, the minimum wage or salary for the position once the employer has made an offer of employment.

Must provide an employee the wage scale or salary range for the new role or the minimum wage or salary expectation set by the employer prior to posting the position, making a position transfer, or making the promotion, provided upon request of an employee.

Note: Beginning in January 2023, employers must disclose in the job postings the wage scale or salary range, and a general description of all of the benefits and other compensation to be offered to the hired applicants. Employees offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position, upon request.
Not now but will be required effective Jan 1, 2023 Applicants and Employees Now (2019); Change Coming Soon (Jan 1, 2023)

How leading brands are responding

It may feel tempting to surgically implement pay scale transparency in only the locations that require it. However, many leading companies are embracing pay scale transparency as a principle, not a mandate. This means they’re universally sharing ranges, regardless of whether or not it’s required.

So, what are the benefits? While this approach is more expansive, it also simplifies your strategy and makes it consistent.

Additionally, prospective employees love transparency. As we face the Great Resignation, brands that set themselves apart by going above and beyond the status quo are enjoying a competitive advantage.

Lastly, employees are now more mobile than ever before. If you set a precedent of transparency in one location but not another, you may face confusion and dissatisfaction from employees who have changed locations.

Talking about pay equity

As the laws continue to require increased pay transparency and reporting from employers, it’s important to be prepared for questions and conversations with employees, investors, and other stakeholders. See how 20+ leading brands are approaching these communications in our Pay Equity Communications Lookbook below.

And to help you build your own strategy, our experts created a Pay Equity Communications Playbook to guide you through the steps and key considerations for communicating your pay programs in a way that aligns with your company and people goals.

 

The information provided herein does not, and is not intended to, constitute legal advice. All information, content, and materials are provided for general informational purposes only. Links to third-party or government websites are offered for the convenience of the reader; Syndio is not responsible for the content on linked pages.

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