Pay transparency laws require employers to show the pay range for a job, usually in the job posting itself, and often ban asking candidates about their salary history. There's no single federal rule. Each state sets its own, with different employer-size thresholds: New York applies from four employees, while California and Washington apply from 15.
These laws matter even if you're not based in those states. Because many apply to any job that could be filled by someone working there, including remotely, a nationwide job ad can fall under several rules at once.
Three states compared
| State | Who's covered | What a job posting must show | Other rules |
|---|---|---|---|
| New York (Labor Law Section 194-b) | Employers with four or more employees | A compensation range (minimum and maximum annual salary or hourly pay) for advertised jobs, promotions and transfers, and whether the role is commission-based | No retaliation against people who ask for the information |
| California (Labor Code 432.3) | Employers with 15 or more employees for job postings | The pay scale, in the posting itself | Pay scale on request for current employees and applicants; no asking about salary history |
| Washington (Equal Pay and Opportunities Act) | Employers with 15 or more employees | A wage scale or salary range, plus a general description of benefits and other compensation | Ranges for internal transfers or promotions on request; no seeking salary history |
New York
New York's Department of Labor says businesses with four or more employees must provide job descriptions and list compensation ranges for designated job opportunities, promotions and transfers. The range can be the minimum and maximum annual salary or hourly pay that the employer believes is accurate at the time of posting, and employers must clearly state if a position is commission-based. The law also bars retaliation against employees or applicants who ask for the information. New York City roles also have a city law, and complaints can go to the New York City Commission on Human Rights.
California
California's Labor Commissioner answers the questions employers ask most in a detailed FAQ. An employer with 15 or more employees must include the pay scale in any job posting. If you use a recruiter or job board, you must give them the pay scale and they must include it.
Here's the sourced detail most summaries miss: you can't link to the pay scale or use a QR code. The Labor Commissioner says the pay scale must be in the job posting itself. It also interprets the rule to cover any position that may ever be filled in California, in person or remotely.
Beyond postings, California employers must give a current employee the pay scale for their position on request, and give an applicant the pay scale on reasonable request. They can't seek an applicant's salary history, though they can ask about salary expectations. As of October 2026, the FAQ says employers who violate the pay transparency law may face civil penalties between $100 and $10,000 per violation, and must keep records of job titles and wage rate history for the length of employment plus 3 years.
Washington
Washington's Department of Labor and Industries says all employers with 15 or more employees doing business in the state must disclose a wage scale or salary range, a general description of benefits and a general description of other compensation in job postings that recruit Washington-based employees. Two details stand out:
- The 15-employee count includes staff outside Washington, as long as the employer has at least one Washington-based employee.
- Nationwide postings must include the information if the role could be filled by a Washington-based employee, including remote work. Postings for jobs tied entirely to worksites outside Washington are exempt.
It's also unlawful in Washington to seek a job applicant's salary history, and employers can't require that a candidate's past pay meets certain criteria.
Why remote roles are the hard part
A small business in Texas or Florida might assume none of this applies. But both California and Washington tie their rules to where the job could be done, not where the employer sits. If you post a fully remote role open to anyone in the US, a candidate in Washington or California could fill it, so the range belongs in the ad. And Washington closes the obvious loophole: L&I says an employer can't avoid the requirement by stating in the posting that it won't accept Washington applicants. The only way out is a job tied to a worksite entirely outside the state. For most employers, adding a range to every ad is simpler than trying to exclude states one by one.
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How to write a compliant job posting
- Decide the real range you'd pay for the role at hiring, not a range so wide it's meaningless.
- Put the range in the posting itself, in the same currency and period (per year or per hour) throughout.
- Add a short description of benefits and other pay, such as bonuses or commission, to meet Washington's rule.
- Say clearly if the role is commission-based, for New York.
- Give the range to any recruiter or job board that posts for you.
- Remove salary history questions from applications and interview scripts.
- Keep a record of job titles, ranges and what you paid, so you can show your ranges were honest.
Pay transparency sits alongside equal pay rules: California's Equal Pay Act applies to employers of every size. For related hiring paperwork, see our free employment contract template guide and our guide to exempt vs non-exempt employees, which affects how you state hourly versus salaried ranges.
The verdict
If you hire across the US, write every job ad as if the strictest rule applies: a real pay range in the posting, a line on benefits and bonuses, no salary history questions, and the range available to current staff on request. It's simpler than tracking which ad reached which state.
Frequently asked questions
Which states require salary ranges in job postings?
Several do, with different rules. New York requires compensation ranges from employers with four or more employees, and California and Washington require pay scales or salary ranges in postings from employers with 15 or more employees.
Can I link to the salary range instead of including it in a California job ad?
No. California's Labor Commissioner says the pay scale must be included in the job posting itself, not via a link or QR code.
Do pay transparency laws apply to remote jobs?
Often yes. California applies its rule to positions that may be filled in the state, including remotely, and Washington applies to postings for roles that could be filled by a Washington-based employee, including remote work.
Can employers ask about salary history?
Not in California or Washington. Both ban seeking an applicant's salary history, though California allows asking about salary expectations.
