Multi-State Wage Transparency Laws Relating to Job Postings
Publications
02, May 2022
By: Kelly Ann Coleman, Ramanpreet “Raman” Dheri, Elizabeth “Lisa” T. Ferguson, Louise Ann “Luzann” Fernandez, Josiah R. Jenkins, Karen E. Pointer and An Nguyen Ruda
Currently, Colorado is the only state that requires an employer who employs at least one employee in Colorado and posts an electronic job advertisement in Colorado (remote or otherwise) to also post a hyperlink on the advertisement that clearly provides (1) the hourly rate or salary, (2) general description of bonuses or other compensation, and (3) general description of benefits.
Further, a job posting like, “Open to remote work, except in Colorado,” is illegal in Colorado. So, if a company who has at least one employee in Colorado advertises for a remote job and excludes Colorado, that posting will be illegal and the employer will be subject to fines. Companies found to be in violation can be fined between $500 to $10,000 per offense. Colorado Department of Labor has stated that it will “give employer a period to bring the posting into compliance and if they do we waive the fine.”
On or around May 14, 2022, New York City will also require minimum and maximum good faith salary range at the time of posting for the advertised job, promotion or transfer. This law is part of New York City’s administrative code. It is not a statewide measure. It is unclear if it applies to postings for remote jobs advertised to those who reside in New York City. Guidance on the law’s implementation will be released in the coming months before the law goes into effect in mid-May 2022.
Here’s a breakdown of other states and some cities that have wage transparency laws relating to job postings (albeit less stringent than Colorado and New York City):
| Jurisdiction | Who Gets the Info? | What Must be Provided? | When? | Effective Date | Penalties |
| California | Applicants | A salary or hourly range, not including bonuses or equity. | Upon reasonable request after an applicant interviews for a position. | January 1, 2018 | Does not specify a penalty, but a representative claim under PAGA is available. |
| Connecticut | Applicants and Employees | Wage range, defined as any applicable pay scale previously defined, actual range of wages for those employees currently holding comparable positions or the employer’s budgeted amount for the position. | For applicants: the earlier of either the applicant’s request or prior to an offer of compensation being made.For employees: upon hiring of the employee, a change in the employee’s position with the employer, or upon the employee’s first request. | October 1, 2021 | Private right of action within two years of a violation; compensatory damages; attorneys’ fees and costs; and possibly punitive damages. |
| Maryland | Applicants | Wage range, undefined by the law. | Upon request after application. | October 1, 2020 | Civil penalties up to $300 per violation and $600 for each subsequent violation. |
| Nevada | Applicants and Employees | Wage or salary range, undefined by the law. | For applicants: after an applicant has completed an interview.For employees: after the employee has either applied, interviewed or received an offer for a promotion or transfer. | October 1, 2020 | Civil penalties up to $5,000 per violation; a private right of action. |
| Cincinnati, Ohio | Applicants | Pay scale, undefined by the Ordinance. | Upon reasonable request after an applicant has been provided a conditional offer of employment. | March 13, 2020 | A private right of action within two years; compensatory damages; reasonable attorney’s fees and costs. |
| Toledo, Ohio | Applicants | Pay scale, undefined by the Ordinance. | Upon reasonable request after an applicant has been provided a conditional offer of employment. | June 25, 2020 | A private right of action within two years; compensatory damages; reasonable attorney’s fees and costs. |
| Rhode Island | Applicants and Employees | Wage range, defined as the range the employer anticipates relying on in setting wages for the position and may include reference to any applicable pre-determined pay scale, or the range of wages for incumbents in equivalent positions, or the budgeted amount for the position. | For applicants: upon request after application, but the employer should disclose the wage range prior to discussing compensation.For employees: both at the time of hire and when the employee moves into a new position. Upon request, employers must disclose a wage range to current employees in their current position. | January 1, 2023 | Civil penalties ranging from $1,000 – $5,000, however the Department of Labor & Training will not begin issuing fines until December 31, 2024; a private right of action within three years; compensatory damages; special damages up to $10,000; reasonable attorneys’ fees and costs. |
| Washington | Applicants and Employees | Minimum wage or salary expectation, undefined by the law. | For applicants: upon request after an offer has been made.For employees: upon request after an employee has been offered a promotion or transfer. | July 29, 2019 | Civil penalties between $500 and $1,000; a private right action; compensatory damages no less than $5,000; costs and reasonable attorneys’ fees. |
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