Stay Informed on Pay Transparency Legislation
States and municipalities are fighting to close the pay gap. One way they are doing this is by increasing pay transparency regulations for employers. While many states have already enacted salary history bans and Equal Pay laws, below we have provided information focused on disclosing salary ranges to candidates and internal hires either on the job posting or during the interview process. Here you can stay up to date with current transparency legislation in the United States, Canada and European Union.
United States
State | Current pay transparency legislation requirement | Future requirement | Who must comply? | Penalties | Effective date | Link to bill(s) | Salary history ban? |
---|---|---|---|---|---|---|---|
Alabama | N/A | N/A | N/A | N/A | N/A | N/A | Yes |
California | The salary/hourly range that the employer reasonably expects to pay for the position must be included in all job postings. Laws also apply to third-party job posters. | N/A | Employers with 15 or more employees with at least one working in California. Also applies to general remote work postings. | Between $100–$10,000 per violation | In effect | SB 1162 | Yes |
Colorado | Salary ranges and a general description of benefits must be included in all job postings. | N/A | Employers with at least one employee working in Colorado. Also applies to general remote work postings. | Between $500–$10,000 per violation | In effect | Equal Pay for Equal Work Act | Yes |
Connecticut | Salary ranges must be provided upon candidate request or at offer (whichever is sooner). | Proposed bill to require salary ranges in job postings | Employers with at least one employee working in Connecticut | N/A | In effect | HB 5243 | Yes |
Delaware | N/A | N/A | N/A | N/A | N/A | N/A | Yes |
Georgia | N/A | N/A | N/A | N/A | N/A | N/A | City agencies in Atlanta only |
Hawaii | Employers must post the hourly rate or salary range that reasonably reflects the actual expected compensation. This also applies to roles that are internal transfers or promotions. | N/A | Hawaii employers with 50 or more employees | N/A | In effect | HI SB 1057 | Yes |
Illinois | N/A | Future law will require salary ranges and a general description of benefits and other compensation to be included in job postings beginning January 1, 2025. | Employers with 15 or more employees, and the job will be performed (at least in part) in Illinois or the employee will report to a supervisor or office in Illinois | $500 for first violation (14 days to cure violation), $2,500 for second violation (seven days to cure violation), and $10,000 for third violation (no cure period) | January 1, 2025 | HB 3129 | Yes |
Kentucky | N/A | N/A | N/A | N/A | N/A | N/A | Louisville/Jefferson county Metro Government or any department, agency, or office thereof only |
Louisiana | N/A | N/A | N/A | N/A | N/A | N/A | City of New Orleans agencies only |
Maine | N/A | Proposed bill would require salary ranges in job postings | Employers with 10 or more employees must include salary ranges in job postings; employers with fewer than 10 employees must disclose the salary range upon candidate request | N/A | TBD | LD 936 | Yes |
Maryland | Employers must provide salary information upon candidate request during the interview process. | Future law to require the minimum and maximum hourly/salary range set in good faith to be included in all job postings (internal/external) as well as a general description of benefits and any other compensation offered, beginning October 1, 2024 | Employers posting a job that will be performed (at least in part) in Maryland or that reports to a supervisor/job site/office in Maryland). Will likely also apply to general remote work postings. | Warning for first violation, $300/employee or applicant for second violation, and $600/employee or applicant for subsequent violations | Upon candidate request: in effect Pay transparency: October 1, 2024 |
HB 123 HB0649 |
Yes |
Massachusetts | N/A | Future law to require salary/hourly range that the employer, in good faith, expects to pay for a role (internal/external postings), beginning July 31, 2025. Employers must also provide pay range for the role to the employee holding that position. | Employers with 25 or more employees in Massachusetts (not including state/local government employees) | Warning for first offense, fine not more than $500 for second offense, and penalties increase for third offense | July 31, 2025 | H.4109 | Yes |
Michigan | N/A | Proposed bill to require employers to provide wage information of similarly situated employees no later than 30 days after the request | Michigan employers | N/A | TBD (90 days after enacted into law) | HB 4406 | No |
Minnesota | N/A | Future law will require employers to provide the minimum to maximum hourly/salary range and a general description of benefits, beginning January 1, 2025. | Employers with 30 or more employees in Minnesota | TBD | January 1, 2025 | HF 3852 | Yes |
Mississippi | N/A | N/A | N/A | N/A | N/A | N/A | City of Jackson employers only |
Missouri | N/A | N/A | N/A | N/A | N/A | N/A | Kansas City employers with six or more employees, City employees, and City of Saint Louis employees only |
Nevada | Employers must provide salary information after first interview. | N/A | Nevada employers | N/A | In effect | SB 293 | Yes |
New Jersey | N/A | Proposed bill to require salary ranges in job postings and for internal transfers/promotions, plus a general description of benefits in the job posting | Employers with 10 or more employees over 20 calendar weeks of the year who do business, employ persons, or take applications for employment within New Jersey. Will likely also apply to general remote work. | $1,000 for first violation, $5,000 for second violation, and $10,000 for subsequent violations | TBD | S2310 | Yes |
New York state | Employers must post the minimum to maximum annual salary/hourly range that they, in good faith, believe they will pay for roles to be performed in NY state or roles that report to a supervisor/worksite in NY state. They must include a job description (if one exists). This also applies to promotion and transfer opportunities. | N/A | Employers with four or more employees | Up to $1,000 for first violation, up to $2,000 for second violation, and up to $3,000 for third and subsequent violations | In effect | S.9427-A/A.10477 | Yes (all employers in New York) |
New York (NYC) | Salary ranges must be posted in all jobs and promotions for roles that can be performed in NYC. | N/A | Employers with four or more employees, with at least one working in NYC. Also applies to general remote work postings. | Penalties up to $250,000 by the NYCCHR and lawsuit fees/costs | In effect | NYC Ordinance | No |
New York (Ithaca) | Salary ranges must be included in job postings. | N/A | Employers with four or more employees | N/A | In effect | Ithaca Ordinance | No |
New York (Westchester County) | Salary ranges must be included in job postings. | N/A | Any employer posting a job performed in or that can be performed in Westchester | N/A | In effect | Westchester Ordinance | No |
North Carolina | N/A | N/A | N/A | N/A | N/A | N/A | State agencies only |
Ohio | Cincinnati and Toledo only: Salary information must be provided upon request or after conditional offer of employment is made (whichever is sooner). | N/A | Employers with 15 or more employees in Toldeo/Cincinnati | N/A | In effect | Toledo Cincinnati |
Cincinnati, Columbus, and Toledo employers with 15 or more employees, not including city agencies |
Oregon | N/A | N/A | N/A | N/A | N/A | N/A | Yes |
Pennsylvania | N/A | Proposed bill to require salary ranges in job postings | Employers with 15 or more employees | N/A | TBD | HB 356 | State agencies; Philadelphia employers; City of Pittsburgh employees; all employers in Lehigh County |
Rhode Island | Salary information must be provided upon candidate request during the interview process. | N/A | Rhode Island employers | N/A | In effect | RI Equal Pay Law | Yes |
South Carolina | N/A | N/A | N/A | N/A | N/A | N/A | City of Columbia employees and Richland County employees only |
Utah | N/A | N/A | N/A | N/A | N/A | N/A | City of Salt Lake City employees only |
Vermont | N/A | Beginning July 1, 2025, employers will be required to post the minimum and maximum hourly/salary range that the they, in good faith, believe they will pay for a role (internal/external job postings). Employers must also disclose if the role is paid partly by tips/commissions. | Any employer posting a job performed in Vermont or a remote position that will be predominantly performed in an office/worksite in Vermont. | N/A | July 1, 2025 | H. 704 | Yes |
Virginia | N/A | N/A | N/A | N/A | N/A | N/A | Virginia state agencies only |
Washington state | Salary range and general benefits must be included in job postings. Salary range information must also be provided to employees changing roles, if requested. | N/A | Employers with 15 or more employees, with at least one working in Washington* | Civil actions for violations, greater of actual damages or $5,000 plus interest, costs, and reasonable attorney’s fees, AND civil penalties ranging from $500–$1,000 per violation | In effect | SB 5761 | Yes |
Washington, D.C. | Employers must post the minimum to maximum salary/hourly range that they, in good faith, believe they will pay for a role (includes promotions/transfers) and they must also inform candidate of the existence of any healthcare benefits. | N/A | Employers with at least one employee working in Washington, D.C. (not including Federal/District employees). Likely also applies to general remote work. | Attorney General can investigate potential violations and employers may pay reasonable attorney’s fees and statutory penalties | In effect | B25-0194 | Yes |
Federal | N/A | Proposed bill to require including the wage range in all job postings, providing wage ranges to applicants, and providing wage ranges to existing employees for their positions | N/A | Violations of the Salary Transparency Act would subject an employer to a civil penalty of $5,000 for a first violation, which could be increased incrementally by $1,000 for subsequent violations and is ultimately capped at $10,000 per violation. | TBD | HR 1599 | No |
*Employers who are hiring general remote work, must comply with this law if they have at least the minimum number of employees nationwide and 1 employee working in that state
European Union
Member State | Current pay reporting requirement? | Who? | What? | When? | How? | Link to law |
---|---|---|---|---|---|---|
Austria | Yes | Private sector employers with more than 150 employees | Wage report must give the number of men and women in each renumeration group and their mean/median wages either by company job classifications or by job classifications used in the CBAs. | Every two years | Central works counsel must be informed. If there is no worker representation, company has to display the report in a room accessible to all employees. Not publicly published online. | Equal Treatment Act and Federal Equal Treatment Act, 2011 amendments |
Belgium | Yes | Private sector employers with 50 or more employees | Annual salary and benefits received by employees broken down on the basis of different parameters, and disaggregated by gender. | Every two years | Must be provided to works council. Not publicly published. | Gender Pay Gap Act, 2012 |
Bulgaria | No | N/A | N/A | N/A | N/A | N/A |
Croatia | No | N/A | N/A | N/A | N/A | N/A |
Cyprus | No | N/A | N/A | N/A | N/A | N/A |
Czech Republic | No | N/A | N/A | N/A | N/A | N/A |
Denmark | Yes | Employers with 35 or more employees. Not applicable to CBAs with equal pay obligations | Publicly disclose wage stats between men and women with the same job if the company has more than 10 men and women working in the same position | Annually–before September | Workers given results through their representatives, and published with the Statistic Denmark | Equal Pay Act 2007 |
Estonia | No | N/A | N/A | N/A | N/A | N/A |
Finland | Yes | Employers with 30 or more employees. Public and private sector | Must include details of the employment of men and women in different jobs and a classification jobs performed by men and women, the pay for those jobs and the differences in pay. | Every two years | Reports must be prepared in conjunction with the shop steward, the elected representative, the occupational safety and health representative, or other employee appointed representatives. | Equality Act 2014 |
France | Yes | Private sector employers with at least 50 employees | Must measure and publish the following: the pay gap percentage between women and men calculated on the average renumeration of women and men in the same age group and by job category; the gap in the rate of individual salary increases between women and men; the gap in the rate of promotion between women and men; percentage of women benefiting from a salary increase in the year following their return from maternity leave; and number of employees of the underrepresented sex among the 10-highest paid employees. | Annually | Works councils, workers represenatives. If more than 250 employees, employers must also publish on Ministry of Labour’s website | Law n° 2018-771 of September 5, 2018 on freedom to choose one’s professional future – Articles 104 and 105 |
Germany | Yes | Private sector employers with more than 500 employees | Must file a report on gender equality and equal pay describing (1) measures to promote equality between men and women; (2) measures to create equal pay between women and men, plus gender-disaggregated statistis on the average number of employees and the average number of full-time and part-time employees. | Every three to five years | Must inform employees and publicly published in Federal Gazette | Act to Promote Pay Transparency |
Greece | No | N/A | N/A | N/A | N/A | N/A |
Hungary | No | N/A | N/A | N/A | N/A | N/A |
Ireland | Yes | Employers with 250 or more employees | Employers must publish the following: the mean and median gap in hourly pay between male and female full-time, part time, and temporary employees; the mean and median gap in bonus pay between male and female employees; the percentage of male and female employees who received bonus pay; the percentage of male and female employees who received benefits in kind; and the percentage of male and female employees in each quartile band. | Annually | Must publish the information on employer webiste and ensure that the information is accessible to their employees and the public | Gender Pay Gap Information Act 2021 |
Italy | Yes | Private and public sector employees with more than 50 employees | The report must include: the number of male and female workers employed and hired during the year and their professional distribution in the organization as well as the distribution of full-time and part time contracts; the difference in wages (base salary and total compensation) and benefits; selection and recruitment processes; criteria adopted for career advancement, access to professional development and managerial training; measures to promote work-life balance; and diversity and inclusion policies. | Every two years | Must inform trade unions, Regional Gender Equality Advisor which analyzes the report and sends the results to the National Equality Advisor; the Ministry of labour and social policies; the Department for equal opportunities at the Presidency of the Council of Ministers. | Law 162/2021 |
Latvia | No | N/A | N/A | N/A | N/A | N/A |
Lithuania | Yes | Private and public sector employers, an average number of employees of 20 or more | The report must include the average renumeration according to gender reported for the whole company, per type of employee, per job position, per more general job categories and/or per salary class applied. | Annually | Works councils or other workers’ representatives at company level | Article 23(2) of the Labour Code, 2017 |
Luxembourg | No | N/A | N/A | N/A | N/A | N/A |
Malta | No | N/A | N/A | N/A | N/A | N/A |
Netherlands | No | N/A | N/A | N/A | N/A | N/A |
Poland | No | N/A | N/A | N/A | N/A | N/A |
Portugal | Yes | Private sector employers with 50 or more employees | The report must include the following statistical information: (1) genderal and sectoral barometer of pay differences between women and men; (2) balance of pay differences between women and men by company, profession and qualification levels | Annually | Individual employees, works councils, or other workers’ represenatives at company level, social partners, equality and/or state bodies, Labour administration | Regulated by Ordinance No. 55/2010, 2011 and Law no. 60/2018 |
Romania | No | N/A | N/A | N/A | N/A | N/A |
Slovakia | No | N/A | N/A | N/A | N/A | N/A |
Slovenia | No | N/A | N/A | N/A | N/A | N/A |
Spain | Yes | Private sector with 50 or more employees and those under a CBA | Report must show the average and median salary, per sex, of each professional category, or in some companies, work of equal value | Annually | Individual employees, works councils, or other workers’ representatives at company level. | Article 28.2 of the Workers Statute and Articles 5 and 6 of Royal Decree 902/2020 of 13 October 2019 |
Sweden | Yes | Private and public sector, if an employer has more than 10 employees they need to document their work on pay audits | Employer must share the survey, and create a written action plan for achieving equal pay. | Annually | The report must be undertaken in conjunction with employees and employee organizations. | Discrimination Act, 2008 |
Canada
Province | Current pay transparency legislation requirement | Future requirement | Who must comply? | Penalties | Effective date | Salary history ban | Pay reporting | Link to bill(s) |
---|---|---|---|---|---|---|---|---|
Alberta | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
British Columbia | Salary or wage information must be included on all publicly advertised job postings. Employers don’t need to include bonus pay, overtime, commissions, tips, or other benefits. | N/A | Provincially regulated employers | N/A | In effect | Yes | Pay Transparency reports through the B.C. Pay Transparency Reporting Tool. Gender pay gaps will be made public | British Columbia’s Reg. 225/2023: Pay Transparency Act |
Manitoba | N/A | Proposed bill to require pay information in job postings | N/A | N/A | TBD | Proposed bill | Proposed bill would require employers with more than 100 employees to file pay reports, including information on wages, gender, other self-identified identities, and differences in pay | N/A |
New Brunswick | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
Newfoundland and Labrador | N/A | Passed on April 1, 2023, requiring public and private employers to include pay or pay range in all job postings. Enforcement date TBD, waiting on proclamation by Lieutenant-Governor in Council | All employers | Fine of not more than $25,000 for corporations | TBD | Passed on April 1, 2023, waiting on proclamation for effective date | Yes | N/A |
Northwestern Territories | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
Nova Scotia | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
Nunavut | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
Ontario | N/A | Bill 149 Received Royal Assent on March 21, 2024. Waiting for a proclamation date | Every employer who publicly advertises a job posting | TBD | TBD | N/A | N/A | N/A |
Prince Edward Island | Employers must include a proposed salary or salary range in job postings | N/A | Prince Edward Island employers | Fine not less than $200 and not more than $10,000 | In effect | Yes | N/A | Act to Amend the Employment Standards Act (Bill No. 119) |
Quebec | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
Saskatchewan | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
Yukon | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A |
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