Not long ago, putting a salary range in a job ad was a choice. Now, in a growing number of states and cities, it is the law, and the rules often reach employers who are not based there at all. If you post a remote role that could be filled by someone in a pay transparency state, the law in that state may apply to your posting.
This guide explains what pay transparency laws usually require, which states have well-established posting requirements, and how to build a compliant process without rewriting every posting from scratch.
What pay transparency laws typically require
The details vary, but most posting laws share a few elements:
- A good-faith pay range in the job posting, meaning the minimum and maximum the employer honestly expects to pay for the role at the time of posting.
- A description of benefits or other compensation in some states, such as bonuses, commissions or the general benefits offered.
- Coverage of internal postings such as promotions and transfers in some jurisdictions.
- Disclosure on request to applicants or current employees in some states, even when no posting exists.
- Anti-retaliation protections for employees who ask about or discuss pay.
Separately, many states and cities prohibit asking applicants about their salary history. Those bans often sit alongside posting requirements and are worth checking at the same time.
States with well-established posting requirements
The following states have had salary range posting requirements in effect for some time. Coverage thresholds, what counts as a posting and penalties differ, so use this as a starting map, not a compliance checklist.
| State | Key features |
|---|---|
| Colorado | One of the earliest broad posting laws; covers employers with even one employee in the state and requires a general description of benefits along with the range. |
| California | Employers above an employee threshold must include a pay scale in postings; employees can request the pay scale for their current position. |
| Washington | Postings must include a wage scale or salary range plus a general description of benefits and other compensation. |
| New York | Statewide law requires ranges in postings for jobs performed in New York or reporting to a supervisor or office there; New York City has its own law as well. |
| Illinois | Requires pay scale and benefits information in postings for covered employers. |
Several other states, including Maryland, Hawaii, Minnesota, Vermont, Massachusetts and New Jersey, have adopted posting requirements more recently, and more are considering them. Some cities and counties have their own rules too. Because this list keeps growing and the details differ, check the current rules for each location in our state HR law guides.
Remote roles: the trap most employers fall into
Several of these laws apply to jobs that could be performed in the state, even if the employer is located elsewhere. A Florida company posting a fully remote role open to candidates anywhere in the US may be covered by Colorado's or Washington's rules because a resident of those states could fill the job. Excluding applicants from those states to avoid the law is risky and may itself violate some laws' intent, and it shrinks your candidate pool.
The simplest approach for remote roles is to include a good-faith range in every posting, regardless of where you expect to hire.
What counts as a good-faith range
A range like "$40,000 to $200,000" for a single role is unlikely to be considered good faith. A defensible range:
- Reflects what you genuinely expect to pay the person hired into this role.
- Is based on your compensation structure, market data and the pay of current employees in similar roles.
- Does not exceed what you would actually offer.
- Is updated if the budget changes before you hire.
If your pay varies by location, some employers post location-specific ranges or list the range for each geographic tier. Document how each range was set so you can explain it later.
How pay transparency connects to pay equity
Publishing ranges makes internal pay gaps visible. Current employees will see what new hires in their role can earn, and they will ask questions if they are below the posted minimum. Before you post, compare current employee pay against the range. Our pay equity analyzer can help identify gaps that need attention, and the salary benchmarking tool can help you set ranges grounded in market data.
Handling questions from current employees
Once ranges are public, expect current employees to ask where they fall and why. Prepare managers with a short, honest explanation of how ranges are built, what moves someone through a range (experience, performance, scope) and how pay decisions are reviewed. Many employers share the range for each employee's own role as a matter of course. Remember that the National Labor Relations Act protects most non-supervisory employees' right to discuss pay with each other, and many states have their own pay discussion protections, so policies that forbid talking about wages are a liability. If an employee's pay sits below the posted minimum for their role, decide in advance how you will address it, rather than improvising when they ask.
Compliance checklist for job postings
- Identify every state and city where your employees work or where remote hires could be located.
- Check posting, disclosure-on-request and salary history rules for each.
- Build salary bands for each role using market data and internal pay.
- Include a good-faith minimum and maximum in every external posting, and in internal postings where required.
- Add a general description of benefits and other compensation where required.
- Make sure third-party recruiters and job boards include the range when they post on your behalf.
- Keep records of postings and how ranges were determined.
- Train hiring managers not to ask about salary history where it is banned and to stay within posted ranges.
- Review current employee pay against new ranges and address gaps.
- Recheck the law each year; this area changes often.
Common mistakes
- Ranges too wide to be meaningful. They invite complaints and may not be considered good faith.
- Forgetting reposts and third-party postings. A recruiter's posting without a range can still create liability for you.
- Ignoring internal promotions. Some laws cover them.
- Offering well outside the range. Occasional exceptions happen, but a pattern suggests the range was not genuine.
- Not preparing managers for questions from current employees.
Key takeaways
- Colorado, California, Washington, New York and Illinois have well-established posting requirements, and more states have followed.
- Remote postings can be covered by laws in states where the job could be performed.
- Ranges must be good-faith estimates of what you actually expect to pay.
- Pay transparency exposes internal gaps, so review current pay before posting.
- Laws change frequently; recheck each location at least annually.
Set ranges with confidence
Use AskHrAI's salary benchmarking tool to build defensible ranges, then generate a compliant posting with our job description generator.
This article is general information, not legal advice. Employment laws change and vary by state and city — confirm details with your state labor department or an employment attorney.