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    Salary Transparency Laws

    Everyday Architect
    Jan 9, '23 1:41 PM EST

    I'm seeing complaints coming up in the forums as jurisdictions are implementing salary transparency laws and companies posting jobs on Archinect are allegedly not immediately following legal requirements to disclose salary ranges on those postings. These complaints seem to focus on Archinect not doing enough to enforce these laws on the job posts they publish. I get it, Archinect could hold a lot of power here to refuse to post jobs where the posting is not written to comply with these laws, but it's not their responsibility or their job. 

    I think the target of the complaint is misplaced when we focus on Archinect and not the company who is actually required to comply with the law (don't shoot the messenger etc.). I'm not trying to say Archinect can't do more, but I'm saying if you want to make an effort to fix these posts, you should first be going to the companies, and/or the authorities that enforce these laws.

    So with that in mind, here are a list of the jurisdictions that have salary transparency laws, a brief overview of the law, and where you can find more information including how you might report a violation if applicable. This is information I've been able to source and I'll include links as necessary. Please review this additional information from the source(s) as the laws and their applicability vary. 

    Please leave a comment if you note anything is wrong, out of date, a link is broken, or there is better information out there. I can update this post with additional information. 

    Disclaimer: This is not legal advice and should not be taken as such. This is not meant to imply these are the extents of your rights. You should consult a lawyer, etc., etc.

    United States:

    • California: Effective Jan 1, 2023 employers are required to include pay scale in job postings. The Labor Commissioner's Office has some information about this in their FAQ on the Equal Pay Act here starting with #29 and on filing a complaint with #35: https://www.dir.ca.gov/dlse/ca...
    • Colorado: Effective Jan 1, 2021 employers are required to include compensation in job postings. Colorado Department of Labor and Employment has information on the requirements, how to file a complaint, and more here: https://cdle.colorado.gov/equa...
    • Hawaii: Gov. Green signed into law Senate Bill 1057 which will go into effect Jan 1, 2024 and will require employers to post salary range in job postings. More information to come when an official website is created/found.
    • Illinois: Gov. Pritzker signed into law House Bill 3129 which will go into effect Jan 1, 2025 and will require employers to post pay scale in job postings. More information to come when an official website is created/found.
    • New York City: Effective Nov 1, 2022 employers are required to include a good faith pay range in job advertisements. NYC Commission on Human Rights office has more information here including information on reporting violations: https://www.nyc.gov/site/cchr/...
    • New York State: Effective Sept 17, 2023 New York State businesses with four or more employees are required to list compensation ranges for designated job opportunities, promotions, and transfers. New York State Department of Labor has more information here including information on filing a complaint for violations of the law: https://dol.ny.gov/pay-transpa...
    • Washington: Effective Jan 1, 2023 employers are required to include a wage scale or salary range, and other benefits and compensation in job postings. Washington State Department of Labor and Industries has additional information including information on filing complaints here: https://www.lni.wa.gov/workers...

    Canada:

    • British Columbia: Effective Nov 1, 2023 all employers in B.C. must include the expected pay or the expected pay range for a specific job opportunity that they advertise publicly. More information can be found here: https://www2.gov.bc.ca/gov/con...
    • Prince Edward Island: Effective Jun 1, 2022 employers who publish a publicly-advertised job posting must include information about the expected pay for the position or the range of expected pay for the position. More information can be found here: https://www.princeedwardisland...

    Note as well that there are other jurisdictions where employers are required to provide a pay scale after the first interview, upon request, or similar ... but not necessarily in the job advertisement itself. At this time I'm not including those because the complaints I've seen in the forums tend to be for those not including it in the job advertisements.

    ("Display the Pay" image from NYC Commission on Human Rights)



     
    • 5 Comments

    • Bumping this because I know of an employer that is working with a recruiter that is not in compliance with their state's salary transparency law.

      Jun 16, 23 7:20 pm  · 
      2  · 

      Updated to add New York State

      Nov 27, 23 5:04 pm  · 
      1  · 

      Also added Hawaii and Illinois ... I couldn't find an official website with more information, but I assume one will be created around the time the laws going into effect and if so I'll update the post when I can.

      Nov 27, 23 5:21 pm  · 
      1  · 

      Thanks to Non Sequitur I've also added information for B.C. and P.E.I. It also looks like Ontario may be getting similar laws passed: https://www.cbc.ca/news/busine...

      Nov 27, 23 8:53 pm  · 
      2  · 
      Non Sequitur

      EA, looks like it's taking effect. Our arch association now lists salary ranges in it's jobs. We're also preparing soon to be posted job positions with $ too.

      Dec 20, 23 8:50 am  · 
      1  · 

      Archinect published a feature article March 26, 2024 with some additional information and research here: A Guide to Salary Transparency Laws Across the United States

      Sep 12, 24 1:50 pm  · 
       · 

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