Pay Range Disclosure Laws Gaining Momentum in States and Cities

Over the last few years, many states have enacted equal pay laws which require employers to comply with a variety of requirements, routinely including banning employers from asking candidates about prior salary history and elaborating on the reasoning for pay differentials between similar employees. Now emerging across the country, many states are updating those laws to require companies to disclose the expected pay range of a position to potential job applicants. Some laws require salary range disclosure in a job posting, while others require disclosure of the possible pay range at the time an offer is made.  Failure to comply with these laws could result in significant liability for agencies, including civil actions for violations.  As a result, it is important that agencies understand their obligations under these laws in the states and municipalities where they operate.

Linked below is a chart summarizing current pay range disclosure laws as of January 2022. States and municipalities with laws in this area include California, Colorado, Connecticut, Maryland, Nevada, Rhode Island, Washington, the city of Cincinnati (OH), the city of Toledo (OH), and New York City (NY).

Chart Link

On the federal level, DC’s Delegate in Congress, Eleanor Holmes’ Norton (D), made an announcement on January 18 that she will introduce a federal bill to require employers to provide the salary range for jobs in advertisements and interviews and to existing employees. Legislative text has not been released yet. She has introduced two other pay equity bills this year, including ones on equal pay for women and salary history. Even if the bill did pass the House of Representatives, It is unlikely that this salary disclosure bill would make it through the Senate given the filibuster and expected Republican opposition.

Other states are considering pay range disclosure laws this year include Massachusetts (H 1950 / S 1208) and New York state (S 5598A / A 6529A).