Pay Transparency Laws by State: Salary Range Posting Rules

Pay transparency laws require covered employers to put a good-faith pay range in job postings. Colorado, California, Washington, New York State, New York City, Illinois, Minnesota and Massachusetts all have posting rules, but they differ on employer size, what else the posting must include, which remote jobs count, and how penalties work.

Key takeaways

  • Thresholds range from one employee in Colorado to 30 employees in Minnesota, so a mid-size employer can be covered in some states and not others.
  • Every regulator listed here rejects open-ended ranges such as "$60,000 and up" or "up to $90,000."
  • Remote jobs are covered under three different tests: where the work could be done, where the supervisor sits, or the primary place of work.
  • Colorado, Washington, Illinois and Minnesota also require a general description of benefits in the posting.

Which states require salary ranges in job postings?

The table summarizes the eight jurisdictions most US employers ask about. It is based on each state's labor agency guidance or statute as of October 2026. Other states and cities have similar laws, so check every location where you hire.

JurisdictionPosting rule in effectCovered employersWhat the posting must includePenalty exposure
ColoradoSince the Equal Pay for Equal Work Act took effect at the start of 2021At least one employee in ColoradoPay rate or range, pay type, general description of other pay and benefits, how and when to apply$500 to $10,000 per violation
CaliforniaJanuary 1, 202315 or more employees, at least one in CaliforniaPay scale (salary or hourly range)$100 to $10,000 per violation
WashingtonJanuary 1, 202315 or more employeesWage scale or salary range, general description of benefits and other compensationStatutory damages of $100 to $5,000 per violation
New York StateSeptember 17, 20234 or more employeesPay range or fixed rate, job description when one exists, statement if commission onlyEnforced by the NYSDOL Division of Labor Standards
New York CityNovember 1, 20224 or more employees, or 1 or more domestic workersGood-faith minimum and maximum salaryCivil penalties up to $250,000
IllinoisJanuary 1, 202515 or more employeesPay scale and benefits, or a hyperlink to themChance to cure first and second offenses on active postings
MinnesotaJanuary 1, 202530 or more employees at one or more Minnesota sitesStarting salary range or fixed rate, general description of benefits and other compensationCheck Department of Labor and Industry guidance
MassachusettsOctober 29, 202525 or more employeesPay range for the positionWarning, then fines up to $500 and $1,000

A few details matter in practice. California's Labor Commissioner says the pay scale must appear in the posting itself, not behind a link or QR code, while Illinois allows a hyperlink that leads directly to the pay and benefits for that specific position. New York State and New York City both limit the range to base pay, so bonuses and benefits belong elsewhere in the ad. Colorado's Division of Labor Standards and Statistics states that "open until filled" language does not satisfy its application deadline rule.

What counts as a good-faith salary range?

None of these laws let you post the widest range in your compensation structure and call it compliant. Regulators describe the test in similar terms:

  • Colorado: ranges must span the lowest to highest pay the employer actually believes it may offer, and cannot lack a top or bottom.
  • New York State: the Department of Labor's FAQ says the range should be what you legitimately believe you are willing to pay at the time of posting. A range broader than that, or "$17 an hour and up," is not in good faith.
  • Washington: L&I guidance calls for the employer's most reasonable and genuinely expected range, set before the posting goes live, with a separate range for each job title in a multi-title posting.
  • California, Massachusetts and Minnesota: each defines the range as what the employer reasonably and in good faith expects to pay.

Good faith is judged at the time of posting; Colorado confirms you may end up paying outside the range if the posted range was genuine. Keep evidence: the approved band, the budget, and a note on why the range was set.

Common range mistakes

  • Posting the full grade minimum to maximum for a role that will never hire above midpoint.
  • Including bonus or commission in a New York range when the law asks for base pay.
  • Letting recruiters or staffing partners repost the job without the range.

Do pay transparency laws apply to remote jobs?

Yes, but the trigger depends on the state. This is where multi-state employers get caught, because a single remote posting can fall under several laws at once.

Remote testJurisdictionsHow it works
Could the work be performed here?Colorado, Washington, CaliforniaA remote posting is covered if someone in the state could do the job. Colorado and Washington say a disclaimer excluding their residents does not remove the duty. California's Labor Commissioner applies the rule if the position may ever be filled in California, in person or remotely.
Does the job report into the state?New York State, IllinoisCovered if the work is performed at least in part in the state, or if the employee reports to a supervisor, office or worksite there. Illinois says a fully remote job is not covered merely because an Illinois resident could be hired.
Is the state the primary place of work?MassachusettsThe posting rule applies to positions whose primary place of work is Massachusetts, including remote roles tied to a Massachusetts worksite.
Is the job performed in the city?New York CityCovers jobs performed in the city, whether from an office, in the field, or remotely from home.

For most national employers, the practical answer is a range on every remote posting. Our guide on managing a remote workforce legally in the US covers the wider set of location-based obligations that follow a remote hire.

What are the penalties, and is there a cure period?

Colorado treats each job posting as a separate violation. Washington's statute (RCW 49.58.110) sets statutory damages of $100 to $5,000 per violation, and for postings made from July 27, 2025 through July 27, 2027 the employer gets five business days after written notice to fix the posting before penalties or damages apply. New York City can impose civil penalties up to $250,000, though for a first complaint the Commission on Human Rights will not assess a penalty if the employer fixes the violation within 30 days of notice. Massachusetts starts with a warning, then fines of up to $500 and up to $1,000, and until October 29, 2027 gives employers two business days to cure after a notice from the Attorney General's Office.

How to build a compliant posting process

  1. Map coverage. List every state and city where you have employees and every location a remote role could be performed from. Apply the strictest threshold that touches each requisition.
  2. Make the range a required requisition field. Block publishing without a minimum, maximum and pay type.
  3. Add a benefits summary block. A standard two-sentence description covers Colorado, Washington, Illinois and Minnesota.
  4. Control third parties. California's Labor Commissioner says an employer using a third party must give it the pay scale, and the third party must include it. Put the same requirement in staffing agency contracts.
  5. Keep records. Illinois requires pay scale and benefits records for each position to be kept for five years. California requires job title and wage rate history for each employee for the duration of employment plus three years. Our article on multistate HR records retention explains how to resolve overlapping retention periods.
  6. Audit internal pay. Posting a new range often reveals incumbents paid below it. Review those gaps before the posting goes live, using the fairness checks in our piece on fairness and transparency in compensation.

Frequently Asked Questions

Can we post a single fixed salary instead of a range?

Yes, in most jurisdictions, if a fixed rate is genuinely what you intend to pay. New York State and Minnesota explicitly allow a fixed pay rate when the employer does not plan to offer a range, and Washington allows a fixed wage amount. What you cannot do is post a fixed number as a placeholder while planning to negotiate well above or below it.

Do internal promotions and transfers need a pay range?

Often, yes. New York State and New York City apply the rule to promotion and transfer opportunities that are advertised. Colorado has separate notice duties for internal job opportunities and career progression. Washington requires disclosure of the wage scale or salary range for an internal transfer or promotion on request. Build internal postings into the same template as external ones.

Do bonuses and equity have to be included in the range?

Generally not in the range itself. New York State and New York City limit the posted range to base pay. Colorado, Washington, Illinois and Minnesota instead require a general description of other compensation and benefits alongside the range. A short sentence such as "eligible for an annual bonus and stock awards" usually satisfies the description requirement in those states.

Are small employers exempt?

It depends on where they operate. Colorado covers any employer with at least one Colorado employee, and New York State and New York City start at four employees. California, Washington and Illinois start at 15, Massachusetts at 25 and Minnesota at 30. Count employees the way each regulator directs, since some count out-of-state staff toward the threshold.

Next steps for HR and talent teams

Start with a one-page coverage map, make the range mandatory in the requisition template, train recruiters on the good-faith standard, and review job board and agency postings quarterly. For related payroll and labor rules, browse our payroll and compliance guides.

This article is general information, not legal advice. Confirm current rules with employment counsel or the relevant labor agency before relying on them.

Last reviewed: October 2026.

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