Where a pay range is required
| Where | Who it covers | What the post must include | In effect since |
|---|---|---|---|
| California | 15 or more employees, at least one in California | The pay scale: a good-faith estimate of the salary or hourly wage range you reasonably expect to pay on hire | January 1, 2023 |
| Colorado | Any employer with at least one employee in Colorado | Pay rate or range, a general description of other pay (bonus, commission, tips), a general description of benefits, and how and when to apply | January 1, 2021 (application deadline added January 1, 2024) |
| District of Columbia | Any employer with at least one employee in DC | Minimum and maximum projected salary or hourly pay. Healthcare benefits must be disclosed before the first interview | June 30, 2024 |
| Hawaii | 50 or more employees | Hourly rate or salary range that reasonably reflects the actual expected pay. Not required for internal transfers or promotions | January 1, 2024 |
| Illinois | 15 or more employees | Pay scale and benefits, for jobs performed at least partly in Illinois | January 1, 2025 |
| Maine | 10 or more employees | The prospective range of pay. A job paid only on commission must say so instead | July 29, 2026 |
| Maryland | All employers | Minimum and maximum wage, a general description of benefits, and any other compensation | October 1, 2024 |
| Massachusetts | 25 or more employees with a primary place of work in Massachusetts | Annual salary or hourly wage range you reasonably and in good faith expect to pay | October 29, 2025 |
| Minnesota | 30 or more employees at one or more Minnesota sites | Starting salary range (or a fixed rate) and a general description of all benefits and other compensation | January 1, 2025 |
| New Jersey | 10 or more employees over 20 calendar weeks, doing business or hiring in New Jersey | Hourly wage or salary (or range) and a general description of benefits and other compensation programs | June 1, 2025 |
| New York State | 4 or more employees | Compensation or range (minimum and maximum), the job description if one exists, and a statement if the job is commission-based | September 17, 2023 |
| New York City | 4 or more employees (or 1 or more domestic workers), at least one working in NYC | Good-faith minimum and maximum salary. Benefits are not required | November 1, 2022 |
| Vermont | 5 or more employees | Compensation or range. Commission jobs must say so; tipped jobs must say so and give the base wage or range | July 1, 2025 |
| Virginia | Any employer doing business in Virginia | The wage, salary or good-faith salary range, in every public and internal posting for a job, promotion or transfer | July 1, 2026 |
| Washington | 15 or more employees | Wage scale or salary range (or the fixed wage), and a general description of all benefits and other compensation | January 1, 2023 |
Delaware is next. Its law was signed on September 26, 2025 and takes effect two years after enactment. It will cover employers with 26 or more employees and require the pay or pay range plus a general description of benefits and other compensation. Some cities and counties also have their own rules, so check where the job is located.
Even where no range is required in the post, some laws require you to share it when asked. In California, any employer must give an applicant the pay scale on reasonable request and give a current employee the pay scale for their own job. In Massachusetts, covered employers must give the range to an applicant or employee who asks and to an employee offered a promotion or transfer.
Remote jobs count too
These laws follow where the work is done, not where your office is. A remote job can bring you into a state you have never been to:
- New York City covers jobs performed in whole or in part in the city, including remotely from the employee's home.
- California's Labor Commissioner reads the law to require the range if the position may ever be filled in California, in person or remotely.
- Maryland covers jobs performed at least partly in Maryland, but not one where the only Maryland work is something occasional like attending a conference.
- Massachusetts covers jobs whose primary place of work is Massachusetts, including remote roles.
- Vermont covers remote jobs that will mainly do work for an office or work location in Vermont.
- Colorado covers employers with at least one Colorado employee. If you have none at the time you make the hiring decision, the Colorado rule does not apply to that hire.
For a remote role open across the US, the simplest approach is to post a range on every job. If pay varies by location, give the range for each location.
How to write a compliant range
- Give both ends. "$80,000 and up" or "up to $60,000" is not a range in Colorado or New York City. If the pay is fixed, the minimum and maximum can be the same number.
- Make it honest. The range should be what you genuinely expect to pay for this job when you post it. Colorado gives the example that one $30,000 to $100,000 range cannot be used for both a janitor and an accountant role.
- You can still pay outside it. Colorado and Vermont both say final pay can land outside the posted range, as long as the range was set in good faith. Vermont names reasons such as the applicant's qualifications or labor market conditions.
- Describe benefits plainly where required. Colorado expects health care, retirement, paid time off and other tax-reportable benefits to be named, without dollar values, and does not accept "etc." or "and more".
- Name the other pay. Bonuses, commissions and tips get a general description in Colorado. In Vermont, commission jobs say so, and tipped jobs give the base wage.
- Add how and when to apply for Colorado postings, including the expected application deadline.
A simple pattern that meets the strictest versions: "Pay: $95,000 to $120,000 per year, based on experience. Benefits: medical, dental and vision insurance, 401(k) with company match, 15 days of paid time off plus paid sick leave. Apply by November 15."
Common mistakes
- Forgetting job boards and recruiters. In California, if you use a third party to post a job, you must give them the pay scale and they must include it. In Colorado, you are responsible for posts you pay someone else to publish.
- Forgetting internal postings. Colorado, New York State, New York City and Virginia cover promotion and transfer postings, not only public ads.
- Leaving benefits out in states that require them, or listing them in a way that is too vague.
- Posting one national range for a role where pay is set by location.
- Using an old posting template after a new state law took effect. Massachusetts and Vermont started in 2025, Maine and Virginia in 2026, and Delaware starts in 2027.
Keep a record of every post
Save a copy of each posting with the range you published and the pay you offered. Maryland requires employers to keep a record of compliance for each position for at least three years after it is filled, or three years from the posting date if it is not filled. Colorado requires records of wages and job descriptions. A clean record is also your best evidence that a range was set in good faith.
State-by-state details are on the state pages, including California, Colorado, New York and Washington.
Common questions
Do pay transparency laws apply if my company is based in another state?
Often yes. Most of these laws look at where the job is performed, including remote work, and New York City counts employees outside the city toward its four-employee threshold as long as one works in the city.
Can I pay more than the range I posted?
Yes, if the posted range was your honest expectation when you posted it. Colorado and Vermont both say final pay can fall outside the posted range, as long as the range was set in good faith.
Do I have to list benefits in the job post?
In Colorado, Illinois, Maryland, Minnesota, New Jersey and Washington, yes, as a general description. New York City and Massachusetts require pay only, and DC requires healthcare benefits to be disclosed before the first interview.
Does an internal promotion posting need a range?
In several places, yes. Colorado, New York State, New York City and Virginia cover internal postings. Hawaii does not require a range for internal transfers or promotions.
How MambaHR handles this
MambaHR writes job posts with the pay range included, publishes them to your careers page, and keeps every application in one pipeline. Offers are drafted inside your pay range for a person to approve, and MambaHR does not use AI to screen, score or rank applicants.
Sources
- Maine Legislature: Public Law 2026, chapter 771 (LD 54), 26 MRSA 622-A
- Maine Legislature: general effective date of 2026 laws (July 29, 2026)
- Code of Virginia section 40.1-28.7:12 (wage range transparency)
- Constitution of Virginia, Article IV, section 13 (laws take effect July 1)
- California Labor Code section 432.3
- California Labor Commissioner: Equal Pay Act and pay transparency FAQ
- California Legislature: SB 1162 (2022)
- Colorado Division of Labor Standards: INFO #9A, Transparency in pay and job opportunities
- Colorado General Assembly: SB 23-105
- D.C. Code section 32-1453.01
- D.C. Law 25-138 (applicability date)
- Hawaii Civil Rights Commission: Act 203 pay transparency FAQs
- Illinois Department of Labor: Pay transparency
- Maryland Department of Labor: Wage range transparency FAQ
- Massachusetts Attorney General: Pay transparency in Massachusetts
- Minnesota Statutes section 181.173
- New Jersey Department of Labor: Pay transparency
- New York State Department of Labor: Pay transparency
- New York Labor Law section 194-b
- NYC Commission on Human Rights: Salary transparency fact sheet
- Vermont Act 155 (2024), 21 V.S.A. section 495o
- Washington RCW 49.58.110
- Delaware General Assembly: HB 105 session law
Last reviewed October 2, 2026. This page is general information, not legal advice. Laws change and exceptions apply, so check the sources above or an employment lawyer before you act on a specific case.