Salary transparency laws in the United States differ by state and city. Depending on the jurisdiction, an employer may have to include a salary or hourly range in a job posting, disclose benefits or other compensation, provide the range to an applicant on request, give current employees access to pay-range information, or make disclosures for promotions and transfers. Coverage may also depend on employer size and whether a remote job could be performed in the jurisdiction. There is no reliable one-line national rule, so employers should evaluate each posting against the current law of every potentially applicable state or locality.
Jurisdiction: United States
Salary Transparency Laws Regulate Different Moments in the Employment Lifecycle
The phrase salary transparency law can describe several different obligations. One statute may regulate what must appear in an external job advertisement. Another may require an employer to provide a range only after an applicant asks. A third may give current employees a right to information about their position or require disclosure before a promotion or transfer. These rules can overlap with salary-history restrictions and equal-pay laws but should not be treated as identical. Employers need to identify the exact event that triggers disclosure in each jurisdiction rather than assuming every transparency law is simply a job-posting requirement.
Employer-Size Thresholds Differ by Jurisdiction
Coverage often depends on employer size, but the threshold and counting method vary. California requires employers with 15 or more employees to include the pay scale in covered job postings, and the Labor Commissioner states that at least one of those employees must currently be located in California for its interpretation of the threshold. Other jurisdictions use different employee counts or coverage tests. A national employer should therefore maintain the exact threshold rule for each state rather than applying the smallest threshold everywhere without understanding why. That matrix should also record whether out-of-state employees count and whether a local ordinance uses a separate definition.
Required Posting Content Can Extend Beyond Salary
Some laws focus narrowly on the salary or hourly wage range. Others require more. Colorado's transparency framework requires covered postings to include compensation together with a general description of benefits and other compensation, and current Colorado complaint materials also reference an application deadline requirement. California takes a different approach: its pay-scale posting rule does not require bonuses, tips or other benefits, although commission or piece-rate ranges must be included when the position is paid on that basis. Employers should therefore build jurisdiction-specific fields rather than treating 'salary range included' as the only compliance question.
Good-Faith Range Rules Are Designed to Prevent Fictional Disclosures
Transparency laws commonly expect the posted range to reflect a real compensation expectation. California defines pay scale as the salary or hourly wage range the employer reasonably expects to pay for the position. The practical implication is that a range should be tied to the employer's actual compensation plan for that opening. Extremely broad ranges can create legal and credibility problems where they do not represent a genuine hiring expectation. Employers should document the data and approvals used to establish the range and update the posting if the compensation plan changes materially during recruitment.
Remote Roles Require a Location Analysis Before Publication
National remote postings are one of the highest-risk areas because the job may be capable of being performed in several states with different rules. California expressly interprets its posting obligation to apply if a position may ever be filled in California, whether in person or remotely. Other states use their own geographic tests. Employers can make the analysis more manageable by determining approved work locations before the role is published. A posting advertised as remote anywhere in the United States can create a broader compliance footprint than a role restricted to a defined group of states.
Local Rules Can Sit on Top of State Requirements
State law is not always the end of the analysis. Cities and other local jurisdictions can adopt salary transparency rules that cover employers or postings within their boundaries. New York City is an important example because its local salary transparency requirements developed alongside later New York State rules. Employers should therefore map both state and local law before concluding that a posting is compliant. A central compliance database should identify whether the local rule adds a different threshold, definition, enforcement agency or posting requirement beyond the statewide baseline.
The Best National Compliance Model Is a Living Jurisdiction Matrix
A static policy document quickly becomes outdated as states amend rules and agencies issue new guidance. Employers should maintain a living matrix showing the law, effective date, employer threshold, geographic trigger, required posting fields, remote-work rule, applicant rights, employee rights, promotion and transfer duties, recordkeeping, enforcement authority and penalties. Each job requisition can then be checked against the matrix before publication. This turns salary transparency from a recruiter-memory problem into a controlled compliance process. The matrix should be reviewed whenever a state passes a new law or an enforcement agency changes its interpretation.
Frequently Asked Questions
Do all US states have salary transparency laws?
No. Coverage is uneven and continues to change. Employers should check the current law in each state and locality relevant to the job.
Are salary transparency laws only about job postings?
No. Depending on the jurisdiction, they can also govern applicant requests, employee requests, promotions, transfers, internal opportunities and other compensation disclosures.
Why do remote jobs create extra compliance risk?
A remote role can potentially be performed in several jurisdictions, and some states extend their rules to roles that may be filled by workers located in the state.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.