Pay Transparency Laws by State Explained: What Job Postings Must Include

Page of a historic handwritten payroll ledger

A historic worker's payroll book. Photo: Dmitry Makeev, public domain, via Wikimedia Commons.

A job post with no pay range is a harmless oversight in some states and a fine in others. Colorado's labor agency says violations can cost $500 to $10,000 each, and California's Labor Commissioner lists civil penalties between $100 and $10,000 per violation. Recruiters who copy a template from one state's postings into another state's job board are the ones who get caught.

Pay transparency laws require covered employers to disclose compensation in job postings, and the details change by state. Colorado covers employers of any size with at least one Colorado employee and requires a pay range, a general description of benefits and an application deadline. California, Washington and Illinois cover employers with 15 or more employees. Massachusetts covers employers with 25 or more, and New York covers employers with four or more.

By the Decision Makers Hub editorial team. Last updated November 2026. This article is general information, not legal advice. It summarizes official pages from Colorado, California, New York, Washington, Illinois and Massachusetts. Other states and cities have their own versions that are not covered here, so check every jurisdiction where you recruit.

Key takeaways

  • Coverage thresholds differ: one employee in Colorado, four in New York, 15 in California, Washington and Illinois, and 25 in Massachusetts.
  • A posting needs a real pay range. Colorado says "up to $60,000" is not compliant, and California says the pay scale must appear in the posting itself, not behind a link or QR code.
  • Colorado, Washington and Illinois also expect a description of benefits. Colorado adds an application deadline.
  • Remote roles are a trap. California and Washington can reach positions that could be filled by an employee located in those states.
  • Several states give employers a chance to fix a posting before penalties apply, but the grace periods are time limited.

What is a pay transparency law?

A pay transparency law requires employers to share pay information in job postings, and in some states with employees or applicants on request. The details live in state statutes and agency guidance, which is why our guide to building salary bands is the foundation for compliance: you cannot post an honest range if you do not have one. The six states below show how different the rules can be.

How do the six states compare?

StateWho is coveredWhat the posting must includeEnforcement as stated by the agency
ColoradoEmployers of any size with at least one Colorado employeePay rate or range, a general description of other compensation such as bonuses or commissions, a general description of benefits, and an application deadlineFines of $500 to $10,000 for each violation
CaliforniaEmployers with 15 or more employees, with at least one located in California under the Labor Commissioner interpretationPay scale, which is a good faith estimate of the salary or hourly wage range the employer reasonably expects to payCivil penalties between $100 and $10,000 per violation
New YorkBusinesses with four or more employeesCompensation range, either minimum and maximum annual salary or hourly, plus a job description, and a statement if the role is commission basedThe DOL page does not list penalty amounts
WashingtonEmployers with 15 or more employees that engage in business in WashingtonWage scale or salary range, or the fixed wage, plus a general description of all benefits and other compensationThrough July 27, 2027, an employer that gets a written notice generally has five business days to correct a post before certain penalties can follow
IllinoisEmployers with 15 or more employeesPay scale and benefits, with benefits covering at least health care, retirement and paid days off plus tax reportable benefitsIDOL gives an opportunity to fix the violation before a penalty for the first and second offenses
MassachusettsEmployers with 25 or more employeesAnnual salary range or hourly wage range the employer reasonably and in good faith expects to payWarning for the first offense, up to $500 for the second, up to $1,000 for the third; two business days to cure after a Notice to Cure until October 29, 2027

Illinois's requirement took effect January 1, 2025, and Massachusetts's pay range disclosure began October 29, 2025, according to their agencies. Dates for the other states are not stated on the pages we read, so we are not listing them.

What counts as a compliant pay range?

Agencies are specific about this. Colorado says a range needs a real top and bottom, so a phrase like "up to $60,000" does not count, and that a general description of benefits cannot end with "etc." California defines the pay scale as a good faith estimate of the range the employer reasonably expects to pay on hire. Massachusetts uses a similar good faith standard. Colorado's page also says "open until filled" is not an acceptable deadline, while "accepted on an ongoing basis" is acceptable for continuously open positions.

Here is an invented example of the difference. A weak posting says: "Salary: competitive. Benefits: great package. Apply: open until filled." A stronger posting says: "Pay: $62,000 to $78,000 per year, plus an annual bonus of up to 5 percent. Benefits: medical, dental, retirement plan with employer match, and paid time off. Apply by December 15, 2026." The second version includes a real range, a general description of benefits and a deadline, which lines up with Colorado's list and with the pay range standards in the other states.

What about remote jobs and job boards?

  • Remote roles. California's page says the pay scale must be included if the position may ever be filled in California, in person or remotely. Washington says its rule includes remote positions that could be performed by a Washington based employee. Colorado exempts jobs performed entirely outside Colorado from the posting rules.
  • Third party job boards. California says an employer that engages a third party to publish a posting must give it the pay scale, and the third party must include it. Colorado says employers are not responsible when a third party re-posts on its own initiative.
  • Headcount. Massachusetts counts full-time, part-time, seasonal and temporary employees, averaged over the year, and counts out of state remote employees only if their primary place of work is Massachusetts.

If you hire across states, read our walkthrough of multi-state remote employees and payroll tax registration alongside this one.

How do you build a posting process that holds up?

  1. List where you recruit. Include states where the job could be filled remotely.
  2. Set the range before you post. Use your pay structure, and check it against internal pay with a pay equity audit so the posted range does not conflict with what current employees earn.
  3. Use a template for the strictest state. Include the range, a general benefits description and an application deadline in every posting.
  4. Classify the role correctly. Pay type matters when you state hourly or salary pay, so review the rules in our guide to exempt vs non-exempt employees.
  5. Brief recruiters and agencies. Give them the range in writing and ask them to post it in the text of the ad.
  6. Keep records. Save the posted range, date and location of each posting so you can show what you published.
  7. Put it in writing. Add the policy to your employee handbook or recruiting playbook.

Final pay and other state specific rules follow the same pattern, as our final paycheck laws by state guide shows, and our payroll and compliance guides collect related reading.

Common mistakes to avoid

  • Posting a range that is too wide to be useful, or one that does not match what the company actually expects to pay.
  • Linking to a pay range instead of printing it in the posting, which California says does not satisfy the requirement.
  • Leaving out the benefits description or the application deadline in Colorado.
  • Forgetting that remote roles can pull a posting into a state's rules.
  • Assuming a grace period applies forever. Washington's and Massachusetts's cure periods are tied to specific dates.
  • Letting a recruiter or job board strip the range from the ad.

Frequently asked questions

Which states require pay ranges in job postings?

This article covers six: Colorado, California, New York, Washington, Illinois and Massachusetts. Other states and cities have laws too, so check each place you recruit.

Do small employers have to comply?

It depends on the state. Colorado covers employers of any size with at least one Colorado employee, New York covers four or more employees, California, Washington and Illinois cover 15 or more, and Massachusetts covers 25 or more.

Can I link to the pay range instead of printing it?

Not in California, which says a link or QR code does not satisfy the requirement. Washington lets employers link to detailed benefits information if the posting includes a general description.

What happens if a posting is missing the range?

Penalties vary. Colorado lists fines of $500 to $10,000 per violation and California lists civil penalties of $100 to $10,000. Washington, Illinois and Massachusetts describe warnings or correction periods before penalties.

Do remote jobs count?

They can. California says the pay scale must be included if the position may ever be filled in California, and Washington says its rule includes remote positions that a Washington based employee could perform.

The bottom line

Build one posting template that meets the strictest rules you face, set the range before the job goes live, and treat remote roles as if they could be filled anywhere you operate. That is cheaper than learning the differences one fine at a time.

Sources

This article is general information, not legal advice. Consult counsel or the relevant state agency before publishing job postings in a new state.

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