Pay Transparency Laws Are Changing Fast: Here Is Where Your State Stands
Pay transparency is one of the fastest-moving areas of employment law. In 2020, only a handful of states required any kind of salary disclosure. By early 2026, 17 states have pay transparency laws on the books, and more are on the way.
To check your state, use our pay transparency lookup tool.
What are pay transparency laws?
Pay transparency laws require employers to share salary information with job candidates, current employees, or both. The most common provisions fall into three categories.
Salary range in job postings. The employer must include a pay range (minimum and maximum salary or hourly rate) in every job listing. Thirteen states currently require this: California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington.
Salary range on request. The employer must provide a pay range when a candidate or employee asks for it, even if it is not listed in the posting. Several states require this as an alternative or supplement to posting requirements.
Salary history ban. The employer cannot ask job candidates about their previous compensation. Seventeen states have some form of salary history ban: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
Why these laws exist
Pay transparency laws are designed to reduce pay gaps based on gender, race, and other factors. The theory is straightforward: if pay is visible, it is harder to underpay people based on who they are rather than what they do. Research generally supports this. Companies in states with pay transparency laws have seen pay gaps narrow, and employees report higher satisfaction with compensation when they can see the range.
What employers must do
Compliance depends on your state's specific requirements, but the general obligations include listing a good-faith salary range in job postings (in states that require it), providing the range to candidates upon request (in states that require it), not asking about salary history during the hiring process (in states with a ban), and keeping records that demonstrate compliance.
Employer size matters. Some states only apply their pay transparency law to employers above a certain size (often 15 or more employees). Smaller employers may be exempt.
What employees and job seekers should know
If your state requires salary ranges in job postings and you see a listing without one, the employer may be violating the law. You can report it to your state's labor department or enforcement agency.
If your state requires disclosure on request, you have the right to ask for the pay range at any point during the hiring process. Some states also give current employees the right to know the range for their own position.
If your state bans salary history questions, you do not have to answer them. If an interviewer asks, you can decline and, in some states, report the employer for the violation.
Remote work complications
Pay transparency laws and remote work create an emerging legal gray area. Some states (including Colorado and New York) require salary ranges for any job that could be performed by a resident of that state, even if the employer is based elsewhere. This has led to some employers excluding applicants from certain states, a practice that itself raises legal questions.
If you are a remote worker, the safest approach is to check both the state where you live and the state where the employer is headquartered.
The trend is clear
The direction of pay transparency legislation is not in question. More states pass these laws every year, the requirements are getting broader, and enforcement is increasing. Whether you are an employee wanting to understand your rights or an employer wanting to stay compliant, the time to learn your state's rules is now.
Check your state's pay transparency requirements here.
How pay transparency affects salary negotiations
In states with mandatory salary range disclosure, both employers and job seekers benefit from more efficient negotiations. Candidates no longer have to guess whether a role fits their salary expectations, and employers spend less time interviewing candidates who would never accept an offer in their range. Studies have shown that pay transparency leads to faster hiring, lower turnover, and smaller gender and racial pay gaps.
Even in states without pay transparency laws, asking about salary ranges during the hiring process is becoming more normalized. The stigma around discussing compensation is fading, and workers who ask early in the process are more likely to land on a number that works for both sides.
Frequently asked questions
A pay transparency law requires employers to disclose salary information, either in job postings, upon request by applicants or employees, or both. Some laws also ban employers from asking about salary history. The specific requirements vary by state.
It depends on the state. Some laws only require disclosure in job postings for external candidates. Others also require employers to share salary ranges with current employees, either for their own position or for positions they are applying for internally.
Technically, many laws do not define how narrow the range must be. However, posting an extremely wide range (such as $40,000 to $200,000) may draw regulatory scrutiny and could be seen as bad-faith compliance. Some states are beginning to address this issue through enforcement guidance.
Penalties vary by state. Some states impose fines per violation. Others allow employees or applicants to file complaints with the labor department. In some cases, the employer may also face injunctive relief or be required to update its postings.
This is a rapidly developing area. Some states (including Colorado and New York) require salary disclosure for any job that could be performed by a resident of that state, even if the employer is based elsewhere. Others apply only to positions physically located in the state. If you work remotely, check both your state and the employer's state.