What Pay Transparency Laws Mean for Job Postings in 2026

A growing number of states now require employers to include a salary or wage range somewhere in the hiring process, and in many cases, directly in the job posting itself. If your business hasn't reviewed its job ad process against these requirements recently, this is worth a closer look, especially if you hire remotely or across state lines.

Why this has become harder to ignore

A few years ago, pay transparency requirements were concentrated in a handful of states. That's no longer the case. More states have adopted some version of these laws, and a few have laws that were passed but haven't taken effect yet, which means the list of applicable states keeps shifting even for employers who aren't actively hiring in a new location.

The remote work piece adds another layer. In many states, a pay transparency law applies based on where the job could be performed, not where the employer is headquartered. A company based in a state without any disclosure requirement can still be subject to one simply by advertising a remote role that a candidate in a covered state could apply to.

Where the requirements actually differ

Not every pay transparency law works the same way. A few of the common variations:

Proactive posting versus disclosure on request. Some states require the range to be listed in the job ad itself. Others only require it to be shared if a candidate or employee asks, or at a later stage like after an interview or before an offer.

Employer size thresholds. Several states only apply these requirements to employers above a certain headcount, while a few apply them to virtually any employer with at least one employee in that state.

What has to be disclosed. Some laws require the pay range alone. Others also require a description of benefits, bonuses, or other compensation tied to the role.

Salary history restrictions. Many of these laws are paired with a separate rule prohibiting employers from asking candidates about their current or past salary, which is a distinct requirement from the posting rule itself and easy to miss if you're only checking one box.

A few questions worth reviewing

• Do your current job postings include a pay range, and if not, do you know whether any state where you're hiring requires one?

• If you post remote roles, have you checked which states those postings could reach, and what each of those states requires?

• Does your hiring process still ask candidates about salary history, in an application, a recruiter screen, or an interview?

• Is there a consistent process for how pay ranges get set and approved before a posting goes live, or does it vary by hiring manager?

Where to start

This is an area where the details matter more than the general concept, and the requirements are specific enough by state that general awareness isn't the same as compliance. A practical first step is a short internal audit: pull your last several job postings, check the states they were posted in or could be viewed from, and compare that against current requirements for those locations.

This is general information, not legal advice, and pay transparency requirements are specific and continue to change. If it's been a while since your job postings and hiring process were reviewed against current state requirements, MCDA can help you take a closer look at your process.