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A Guide to Salary Transparency Laws Across the United States
Image: Pixabay
At present, there is no federal pay transparency law in the United States. However, as Archinect frequently reports on, several states and cities across the United States have enacted their own requirements for employers seeking to hire or promote within their organization.
Below, we have listed the details of salary transparency laws across American cities and states as they exist in March 2024. As is noted towards the end of this resource, several more states with no existing requirements are currently in the process of debating or passing legislation to strengthen salary disclosure requirements.
You can help us make architecture salaries more transparent through Archinect’s ongoing salary poll. The poll, currently approaching 20,000 submissions, allows workers from practices across the U.S. and globally to anonymously offer their salary levels.
California
Relevant legislation: State of California Labor Code, Section 432.3
Requirements:
- Employers of 15+ employees must share in job ads the salary or hourly wage range that the employer reasonably expects to pay for the position.
- All employers must, on reasonable request, provide the pay scale for a position to an applicant.
- All employers must, on request, provide a current employee with the pay scale for the position in which the employee is currently employed.
Colorado
Relevant legislation: Equal Pay Transparency Rules, 7 CCR 1103-13
Requirements:
- Employers with at least one employee must include in job ads the hourly rate or salary compensation, or range thereof, offered for the position, and any bonuses, commissions, or other forms of compensation being offered.
- A posted compensation range may extend from the lowest to the highest pay the employer in good faith believes it might pay for the particular job.
- The compensation and benefits disclosure does not apply to jobs to be performed entirely outside Colorado, or physically located entirely outside of Colorado.
Connecticut
Relevant legislation: Public Act No. 21-30
Requirements:
- Employers in the state with at least one employee must provide a job applicant the wage range for the position for which the applicant is applying upon the earliest of:
- The applicant’s request; or
- Prior to or at the time the applicant is made an offer of compensation.
- Employers in the state with at least one employee must provide an employee with the wage range for the employee’s position upon:
- The hiring of the employee;
- A change in the employee’s position with the employer; or
- The employee’s first request for a wage range.
- The law applies even if employees or the advertised position are located outside the state (such as remote workers) as long as the employer is in-state.
- The State's legislature is currently considering Proposed H.B. No. 5243 which would strengthen these laws, but the bill has not yet become law.
Hawaii
Relevant legislation: Chapter 378, Hawaii Revised Statutes
Requirements:
- Employers with 50 or more employees must disclose in job listings an hourly rate or salary range that reasonably reflects actual expected compensation.
- The law does not apply to internal transfers or promotions, or public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.
Illinois (Effective January 1st, 2025)
Relevant legislation: (820 ILCS 112/) Equal Pay Act of 2003
Requirements:
- Employers with 15 or more employees must include in job postings a pay scale for the advertised position, which may be determined by the actual salary range of employees currently holding the position or the budgeted amount for the position.
- Employers with 15 or more employees must also include in such advert any benefits or other compensation offered with the position.
- Instead of including the pay scale and benefits in the advert, the employer may alternatively include a hyperlink to a public website that includes the pay scale and benefits for the position.
- The law applies to jobs physically performed, at least in part, in the state of Illinois, as well as jobs performed entirely outside the state if the employee reports to a supervisor, office, or other worksite within the state.
Maryland
Relevant legislation: MD. Labor and Employment Code § 3-304.2 (2022)
Requirements:
- On request from a job applicant, an employer in the state must disclose the wage range for the position that the applicant is applying for.
- Employers cannot ask the applicant about their wage history, or retaliate against them for requesting the wage range.
Nevada
Relevant legislation: Nevada Revised Statutes Chapter 613
Requirements:
- All employers in Nevada must disclose to an applicant the wage or salary range for a position after the applicant has undergone an interview for that position.
- All employers in Nevada must disclose the wage or salary rate for a position to current employees who are seeking a promotion or transfer to that position, given that the employee has applied for the position, completed an interview or being offered the position, and has requested the wage or salary range for that position.
- All employers in Nevada must not inquire into an applicant’s salary history during the hiring process, or retaliate against an applicant for refusing to disclose such information.
New Jersey (Jersey City only)
Relevant legislation: Ordinance of the City of Jersey City 22-045
Requirements:
- Employers with five or more employees in Jersey City must disclose a wage or salary range in any job posting or advertisement, including promotion or transfer opportunities.
- The law applies even to employers whose principal place of business is not Jersey City, but who nonetheless employ five or more employees in the city.
New York (State-wide)
Relevant legislation: New York Labor Law Section 194-b
Requirements:
- Employers in New York State with four or more employees must include a salary or salary range in their job postings for all jobs, transfers, or promotions, to be performed, at least in part, in the state of New York.
- The law also applies to opportunities performed outside New York State that report to a supervisor or office in New York State.
New York (Ithica only)
Relevant legislation: City of Ithaca Ordinance 2022-03
Requirements:
- Employers with four or more employees in the City of Ithica, whose standard work locations are in the city, must include a minimum and maximum hourly or salary compensation for a job, promotion, or transfer opportunity in any advertisement.
New York (New York City only)
Relevant legislation: NYC Human Rights Law, 8-107, Section 32
Requirements:
- Employers with four or more employees (details below) must include both a minimum and maximum salary range in an advertisement for a job, promotion, or transfer opportunity.
- The law applies to employers that have four or more employees, where at least one of the employees works in New York City. Owners and individual employers count towards the four employees.
- The law applies to all jobs, promotions, or transfer opportunities that will physically be performed, at least in part, in the state of New York. Any job, promotion, or transfer opportunity that will physically be performed outside of the state of New York but reports to a supervisor, office, or other work site in the state of New York is also covered by the law. This includes remote positions.
New York (Westchester County only)
Relevant legislation: Section 700.03 of the Westchester County Human Rights Law
Requirements:
- All employers must include the minimum and maximum salary for any job, promotion, or transfer opportunity in a job posting for positions that are required to be performed, in whole or in part, in Westchester County, whether the duties or to be completed in the office, field, or remotely.
Ohio (Cincinnati only)
Relevant legislation: Cincinnati Code of Ordinances, Chapter 804
Requirements:
- Employers located in the City of Cincinnati and employing at least 15 employees in the city must provide the pay scale for a position offered upon reasonable request from an applicant who has received a conditional offer of employment.
- Such employers are also prohibited from inquiring about an applicant’s salary history, screening applicants based on current or prior salary, or retaliating against an applicant for not disclosing their salary history.
Ohio (Toledo only)
Relevant legislation: Toledo Municipal Code, Chapter 768
Requirements:
- Employers located in the City of Toledo and employing at least 15 employees in the city must provide the pay scale for a position offered upon reasonable request from an applicant who has received a conditional offer of employment.
- Such employers are also prohibited from inquiring about an applicant’s salary history, screening applicants based on current or prior salary, or retaliating against an applicant for not disclosing their salary history.
Rhode Island
Relevant legislation: Rhode Island General Laws Chapter 28-6
Requirements:
- Employers with at least one employee in the state must share with the applicant a wage range for the position that the applicant is applying for upon request, prior to discussing an offer of compensation.
- Such employers are prohibited from requesting a wage history from applicants.
- Such employers must also provide a current employee with the wage range of the employee’s position both at the time of hire and when the employee moves into a new position.
- At an employee’s request, such employers must also provide the wage range for the employee’s current position during the course of employment.
Washington
Relevant legislation: Revised Code of Washington, Chapter 49.58
Requirements:
- Washington State’s law pertains to employers with 15 or more employees that have at least one employee based in the state. This includes employers that do not have a physical presence in the state.
- Such employers must include in all job postings the wage scale or salary range for the position, and a general description of all benefits and other compensation to be offered.
- Employers must include the required information if the posting is for a position that could be filled by a Washington-based employee, including remote work that could be performed by a Washington-based employee.
- An employer cannot avoid disclosing wage and salary information requirements by indicating within a posting that the employer will not accept Washington applicants.
- Upon request from an employee offered an internal transfer or promotion, such employers must provide the wage scale or salary range for the new position.
- Employers must not require an applicant disclose their wage as a condition of employment, or retaliate against an employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee
States and districts without salary transparency requirements in job ads
The following states and districts do not currently contain active salary transparency requirements for job postings. Please note that the below states may contain alternative laws pertaining to salary transparency, such as a ban on employers asking employees or applicants about previous salaries. If in doubt, please consult your local or state legislature resources.
- Alabama
- Alaska (law under consideration)
- Arizona
- Arkansas
- Delaware
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky (law under consideration)
- Louisiana
- Maine (law under consideration)
- Massachusetts (law under consideration)
- Michigan (law under consideration)
- Minnesota
- Mississippi
- Missouri (law under consideration)
- Montana (law under consideration)
- Nebraska
- New Hampshire
- New Jersey (local laws apply, see above)
- New Mexico
- North Carolina
- North Dakota
- Ohio (local laws apply, see above)
- Oklahoma
- Oregon (law under consideration)
- Pennsylvania
- South Carolina
- South Dakota (law under consideration)
- Tennessee
- Texas
- Utah
- Vermont (law under consideration)
- Virginia (law under consideration)
- West Virginia (law under consideration)
- Wisconsin
- Wyoming
- District of Columbia (law under consideration)
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About the Author
Niall Patrick Walsh
Niall Patrick Walsh is an architect and journalist, living in Belfast, Ireland. He writes feature articles for Archinect and leads the Archinect In-Depth series. He is also a licensed architect in the UK and Ireland, having previously worked at BDP, one of the largest design + ...
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