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What You Need to Know About Pay Transparency

Pay transparency involves openly sharing employee compensation information, often including salary ranges in job postings, and differs from pay equity—which mandates equal pay for equal work regardless of demographics—with various U.S. states and cities enacting laws requiring disclosure of pay ranges, prohibiting inquiries into candidate pay history, and aiming to reduce wage disparities and promote fair compensation practices.

What is Pay Transparency?

Pay transparency refers to the disclosure of compensation standards for employees. This can involve sharing information both internally and externally. In recruiting, pay transparency often centers on whether salary ranges should be included in job listings. Transparency in compensation exists on a spectrum, and employers can choose how open they are about pay expectations.

Pay Transparency vs. Pay Equity

Pay equity is the principle that individuals performing equal work deserve equal pay, regardless of age, gender (or gender identity), race, or religion. The Equal Pay Act of 1963 legislated pay equity, but wage disparities can still exist. Pay transparency can help mitigate unfair compensation practices by giving employees a clearer understanding of expected pay for specific roles.

Pay Transparency Laws

Various states and cities in the U.S. have enacted pay transparency laws. These laws may require organizations to disclose pay ranges in job postings, provide pay information upon request, or prohibit seeking candidate pay history. While there is no federal law on pay transparency, many states have their own regulations. Some examples include:

  • Alabama: Employers cannot refuse to interview, promote, or hire based on lack of pay history disclosure.
  • California: Employers with 15+ employees must include pay ranges in all job postings and cannot seek candidate pay history.
  • Colorado: Employers must disclose salary or hourly compensation (or a range) and a general description of benefits in all job postings; cannot seek pay history.
  • Connecticut: Employers must disclose pay range upon request or when an offer is extended; cannot seek pay history.
  • Delaware: Cannot seek pay history, but may confirm after an offer.
  • District of Columbia: Government agencies cannot seek pay history.
  • Georgia: Atlanta city agencies cannot seek salary history on applications.
  • Hawaii: Cannot seek pay history; must provide hourly rate or salary range for advertised positions.
  • Illinois: Employers with 15+ employees must include pay ranges in job postings; cannot seek pay history.
  • Kentucky: Louisville city agencies cannot request salary history.
  • Louisiana: New Orleans city employers cannot request salary history or screen based on pay; no statewide law.
  • Maine: Cannot seek pay history until after an offer.
  • Maryland: Cannot seek pay history; must provide pay range to applicants.
  • Massachusetts: Cannot seek pay history, but may confirm after an offer or if provided voluntarily.
  • Michigan: State departments cannot seek pay history until a conditional offer.
  • Mississippi: Jackson city agencies cannot seek pay history.
  • Missouri: St. Louis city departments and Kansas City employers (with six or more employees) cannot seek or rely on salary history.
  • Nevada: Cannot seek pay history; must provide hourly rate or salary range for advertised positions and for promotions/transfers.
  • New Jersey: Cannot screen applicants based on pay history; Jersey City employers (with five or more employees) must disclose salary range and benefits.
  • New York: Cannot seek pay history; employers with four or more employees must provide hourly rate or salary range for advertised positions.
  • North Carolina: State agencies cannot seek pay history.
  • Ohio: Employers with 15+ employees in Cincinnati, Columbus, and Toledo cannot seek pay history; Cincinnati and Toledo must share pay scale for open positions.
  • Oregon: Cannot seek pay history until after an offer.
  • Pennsylvania: Cannot seek pay history at any stage; postings must disclose pay scale and range.
  • Rhode Island: Cannot seek or rely on pay history; must provide pay rate or range upon request.
  • South Carolina: Columbia and Richland County agencies cannot seek pay history.
  • Utah: Salt Lake City agencies cannot seek pay history.
  • Vermont: Cannot seek pay history.
  • Virginia: State agencies cannot seek pay history.
  • Washington: Cannot seek pay history; employers with 15+ employees must disclose salary range or wage scale and a general description of compensation and benefits in every job posting.

States not listed do not currently have pay transparency laws in place.

The Benefits of Embracing Pay Transparency

Jobseekers value transparency to avoid applying for positions that do not meet their financial expectations. Companies benefit by demonstrating a commitment to fair pay practices, which can build trust with employees. According to research by Payscale, pay transparency can reduce employee turnover intent by 30%. Open communication about pay and growth opportunities helps create a supportive and attractive workplace for jobseekers.

Using ApplicantStack to Ensure Transparency in Open Positions

Hiring and onboarding software like ApplicantStack can help maintain compliance with pay transparency regulations. ApplicantStack integrates with top job boards and allows employers to review salary ranges for similar positions and incorporate pay data into job listing templates. This supports faster, better hiring while building trust and transparency as an employer.