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Pay Range Rules Now Reach 16 States and Washington, D.C.

Virginia and Maine joined the list this summer, Delaware follows in 2027, and city ordinances keep spreading. Employers in states without a law still need to know where their postings land.

Payroll and tax paperwork on a desk beside a coffee mug
Payroll and tax paperwork on a desk beside a coffee mug. Photo by Kelly Sikkema on Unsplash

Pay transparency has moved from a novelty to a standard feature of American job postings in about five years. Colorado passed the first broad statewide law in 2021. By August 1, 2026, 16 states plus Washington, D.C. had statewide laws in effect that require employers to disclose what a job pays, according to the National Law Review.

There is still no federal statute that requires salary ranges in job postings. Every obligation comes from state or city law, and the details vary enough that a single posting template rarely works everywhere.

What changed in 2026

Two new state laws took effect this summer. Virginia's law, effective July 1, 2026, requires all employers to disclose the wage, salary or wage range in public and internal job postings, including postings for promotions and transfers. Maine's law, effective July 29, 2026, applies to employers with 10 or more employees and requires the prospective pay range in all job postings, whether the employer posts directly or through a third party. Neither state requires a description of benefits in the posting.

Existing laws also tightened. Washington began requiring on January 1 that the pay scale in a posting be a good faith estimate of what the employer intends to pay a new hire. California clarified its definition of pay scale through Senate Bill 642, also effective January 1. Delaware has enacted its own law, which takes effect September 26, 2027.

Cities are adding another layer. Columbus, Ohio will begin enforcing its pay transparency ordinance on January 1, 2027 for employers with 15 or more employees in the city. New York City has had its own rule for several years and defines the required range as the salary the employer honestly believes, at the time of posting, it is willing to pay.

Internal postings count too

One of the most overlooked details is that some laws apply to internal opportunities. Massachusetts, New York and Virginia explicitly extend disclosure requirements to internal openings such as promotions and transfers. An employer that posts a supervisor role on its intranet without a range may be out of compliance even if every external ad includes one.

Why Kentucky employers are affected

Kentucky has no statewide pay transparency law. That does not mean Kentucky employers can ignore the trend. Many state laws apply to postings for jobs that could be performed in the state, which can include remote roles advertised nationally. A Louisville company that posts a remote analyst position on a national job board may reach candidates in Colorado, Illinois or New York, and the posting may need to comply with those states' rules.

Remote hiring raises other multistate obligations as well. Employers with workers in certain states now owe contributions and notices under new paid family leave programs, even with only one employee in the state.

Ranges also change candidate behavior

Compliance is only part of the picture. Candidates increasingly skip postings without pay information, and a clear range can shorten the hiring process by screening out mismatched expectations early. A range that is too wide, however, can look evasive and draw negative attention online. Candidate research habits, including how often job seekers read reviews before they apply, are covered in our employer brand report.

Disclosed ranges also put internal pay equity under a brighter light. Current employees can see what a new hire in their role might earn. Employers that have not reviewed pay bands in a while should do so before posting, not after an employee asks why a newcomer's range starts above their current salary.

Building a compliant posting process

Most employment lawyers recommend a few steps. Decide where each role could be performed and identify which state and local laws apply. Set ranges based on what you actually expect to pay, not the widest possible band. Apply the same rules to internal postings. Keep records of how each range was set. Review any automated tools that write or distribute postings, since several states are also scrutinizing the use of AI in hiring decisions.

Industries competing for scarce skilled workers, such as construction, may find that clear pay information is one of the cheapest ways to stand out. The law is pushing employers toward transparency, and in a tight market, candidates are rewarding the ones that get there first.

Filed in Compliance

Sources

  1. National Law Review, Show and Tell: New State Salary Disclosure Laws Go Into Effect
  2. Cooley, New State Pay Transparency Laws
  3. Jackson Lewis, Midyear Pay Transparency Update
  4. Clockspot, Pay Transparency Laws by State
  5. SixFifty, Pay Transparency Laws by State
  6. Baker Donelson, Pay Transparency in 2026

We link to the original reports and filings wherever possible. See something we got wrong? Tell us and read our corrections policy.

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