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Pay Transparency

The Quiet Rise of Salary Transparency Laws

More than a dozen states now require salary ranges on job postings. Here is what the laws changed, what the research shows, and the loopholes that remain.

The posting went up at 9 a.m., and by noon a candidate in Phoenix had written to ask whether the pay range applied to remote workers in her state. The recruiter, who has filled roles for a Denver software company since 2019, typed back the answer she gives a dozen times a week: the band holds wherever the hire sits. She asked not to be identified because her employer does not authorize staff to speak to the press. A decade ago the exchange would have been strange. Colorado required salary ranges on job postings beginning Jan. 1, 2021, and she has watched her profession rebuild itself around one line of text.

That line is spreading. More than a dozen states now require employers to publish pay ranges, and the newest statutes took effect within the past year. Roughly 40 percent of American workers live in a state or city with some form of pay-transparency law, according to policy summaries published by the Economic Policy Institute. In states with posting requirements, the share of online job ads that include a salary figure has roughly tripled since 2021 and now exceeds eight in ten, according to job-board data compiled by Indeed and LinkedIn.

The laws were sold as a fix for a stubborn problem: pay secrecy hides discrimination and lets employers anchor offers low. What they have delivered is messier and more interesting. Compliance is widespread but uneven, the research on wage effects is encouraging in places and flat in others, and companies have found legal ways to publish a number without giving much away. For workers, the result is a new set of questions — which range is real, where the loopholes are, and how much the figure on the screen actually means.

How the patchwork grew

Colorado moved first, in 2021, after years of advocacy by state employees who had noticed that public-sector salaries were published while private pay stayed hidden. The template it set — a salary range on every posting, plus pay-data reporting for larger employers — has been copied, with variations, across the country. New York City followed in November 2022, then California and Washington State in January 2023, then New York State that September.

The newest entrants pushed the map further. Minnesota and Vermont began enforcing posting requirements in 2025, Massachusetts followed in October 2025, and Illinois expanded an older disclosure law to cover job postings. Maryland and Hawaii carry posting or disclosure rules of their own. The details differ in ways that matter: Washington requires ranges from employers with 15 or more workers, and California does the same, while Colorado and New York cover nearly everyone. Some statutes apply only to ads; California and Colorado also require employers to share ranges with current employees.

Pay-range posting rules in six states

State What it requires Effective
Colorado Range on every posting; pay-data reporting Jan. 2021
New York Ranges on postings and internal transfers Sept. 2023
California Ranges on postings; internal disclosure Jan. 2023
Washington Ranges on postings, 15+ employees Jan. 2023
Minnesota Ranges on postings; pay-data reporting Jan. 2025
Massachusetts Ranges on postings Oct. 2025

The differences are not trivia. A job seeker in Minneapolis can expect a number on every ad, while a candidate for a similar role across the river in Wisconsin will see one only if the employer volunteers it. Multistate employers have responded by applying the strictest rules everywhere, which is why a posting for a sales role based in Texas often carries a range borrowed from Colorado law. Compliance has quietly become a national habit even where no statute requires it.

Enforcement is thinner than the laws suggest. None of the state agencies that administer them has a budget for auditing postings at scale; most depend on worker complaints, and the complaint volume has been modest. The result is a system that polices the most visible violations — the missing range, the impossible one — while leaving the subtler games to the courts, which have begun to take an interest.

What the research has found

Economists have watched the experiment closely, and the early findings are milder than either side predicted. Studies of Colorado's law, summarized by the Economic Policy Institute, found that posting compliance climbed quickly but that the posted ranges were often wide — sometimes 100 percent or more from bottom to top. Employers had learned the letter of the law without surrendering much discretion.

The wage effects are real but uneven. Research on Denmark's 2006 transparency reform, which made pay data public, found the gender pay gap narrowed by roughly 13 percent among the workers studied, driven mostly by raises for women. Studies of American posting laws have found smaller, less consistent effects: some show modest gains for workers near the bottom of a band and slower growth for those at the top, a pattern economists call compression. Others find little movement in average pay at all.

The gender-gap question is the most closely watched and the most mixed. Posting laws disclose pay; they do not set it, and several studies have found that transparency alone moves the gap only at the margins. The mechanism researchers find more reliable is negotiation: when workers can see a range, they anchor their asks near its midpoint rather than to a guess, and employers face pressure to justify differences inside the band. Some researchers argue the gap will close only when transparency reaches promotion and raise decisions, not just hiring, which is where the newer laws are heading. That is a slower change than the laws' sponsors hoped for, and a real one.

One effect is unambiguous. Indeed reports that postings with salary information draw more applicants than identical ads without it, and employers who feared the numbers would scare candidates off have watched the opposite happen. Some companies now post ranges voluntarily in states that do not require them, treating the figure as a recruiting tool rather than a compliance cost.

EPI's analysts add a caution: posting laws do the most good where workers can compare jobs across employers and the least where the labor market is thin. A range on a posting means little when there is only one employer in town. The research consensus, such as it is, is that transparency is a necessary condition for fairer pay, not a sufficient one.

The new conversation

The visible change is in the questions. The recruiter in Denver says candidates now open with the range itself: Is the midpoint firm? Does the band move for someone with more experience? How does the company decide where a hire lands inside it? Five years ago, a candidate who asked for the number before the first interview was rare. Now roughly half of her candidates ask something about the range before they will schedule a call.

Recruiters have adapted their scripts. The standard application question — what are your salary expectations — persists, but candidates increasingly answer with the posted range, and hiring managers have learned to expect it. One compensation consultant who advises employers in the Northeast, and who asked not to be named, says the range has replaced the handshake as the opening move of the negotiation.

"The range is now the first number on the table, not the last," the consultant said. "Companies that treat it as a ceiling are losing candidates; companies that treat it as a floor are overpaying. The skill now is knowing which one you are looking at."

The shift shows up in candidate behavior beyond the interview. Job seekers in transparency states report skipping postings with no range at all, treating the absence of a number as a signal about the employer. On applicant-tracking systems, the salary-expectations field still filters candidates before a human reads a resume, but the filters have changed: a candidate who types a figure inside the posted band clears the screen, and one who types nothing often does not.

How ranges get set is itself a small industry. Compensation teams price jobs against market surveys from firms like Payscale, build bands around a midpoint, and decide how wide the spread will be — often 40 to 60 percent from bottom to top for professional roles. When the laws forced that machinery into the open, the first casualty was the fiction that pay was a private matter between an employer and a paycheck.

The questions do not stop at the offer. Recruiters say candidates now ask where the offer sits within the band before they sign, and some ask what the range will be in a year, which forces hiring managers to talk about promotion policy in the first conversation. The range, in other words, has become a door into questions employers used to avoid entirely.

Inside the company

The laws were aimed at job postings, but their quietest effects are internal. California and Colorado require employers to share ranges with current employees who ask, and companies in other states have adopted the practice anyway. SHRM surveys of human-resources executives found that the share of employers sharing internal pay ranges with staff rose from about a third before 2021 to more than half by 2025.

Internal disclosure changes different conversations than external posting does. Managers now field questions about why a new hire landed at the top of a band while a three-year veteran sits at the bottom. Pay-equity audits, once the province of large employers under consent decrees, have become a standard annual exercise at mid-size companies, and compensation consultants report a steady stream of requests to rebuild bands that were never designed to be shown to anyone.

The internal effects are not uniformly comfortable. When ranges become visible, employees compare positions within the band, and managers must explain the difference between a market adjustment and a merit raise — a distinction that once lived inside the compensation department. A pay-equity consultant in Chicago who has run audits for about 40 companies says the most common finding is not discrimination but drift: new hires paid at market, tenured staff paid at whatever the budget allowed, and no one having noticed for years.

Employers have responded with a wave of market corrections — one-time adjustments that move underpaid staff toward the midpoint of their band. Compensation surveys from Payscale show that market-adjustment budgets, once a rounding error next to merit pools, now account for a meaningful share of total salary increases at companies that disclose ranges internally. The irony is not lost on compensation professionals: a law aimed at job seekers has become a driver of raises for people who never applied anywhere.

The loopholes that remain

Compliance is one thing; candor is another. The most common loophole is the range itself. Postings in transparency states routinely carry bands of $60,000 to $140,000, or $80,000 to $200,000, which satisfy the statute and reveal almost nothing. Colorado's labor department rewrote its rules in 2024 to require ranges that reflect the pay the employer actually expects to offer, and regulators in New York City have pressed employers on postings with impossibly wide bands, but enforcement remains complaint-driven and slow.

Remote work opened a second loophole. An employer can post a range that spans its lowest-cost geography, list the job as open to candidates in any state, and let the interview process reveal that the number will be set where the candidate lives. Compliance staff at multistate companies describe a running argument between recruiters, who want ranges wide enough to avoid re-posting, and compensation teams, who want them narrow enough to survive a regulator's look.

Third-party postings are a third gap. Several state laws apply only to ads the employer itself controls, and job boards have filled with listings from staffing agencies that omit ranges on the theory that the agency, not the employer, is the poster. Litigators have noticed: New York City has seen suits against companies whose postings lacked ranges, and lawyers in California have begun to test whether internal transfer notices count as postings under state law.

A subtler version involves what the range excludes. Some employers post a base-salary band and leave commissions, bonuses, and equity out of it, which is legal in most states and can make two offers that look identical on paper diverge by 30 percent in practice. Compensation consultants say the posted number should be read as the floor of the conversation, not the whole of it.

The exemptions matter too. Washington and California leave small employers alone, commission-heavy sales roles are handled loosely in several states, and a law that covers postings does not obviously cover a recruiter's direct message on LinkedIn or a private referral from an employee. A labor attorney in Denver who advises employers on transparency rules says the standard his clients use is simple: if it looks like an ad for a job, assume it needs a range, because the trend in every state runs toward broader coverage, not narrower.

What comes next

The map is still filling in. Lawmakers in Pennsylvania, Missouri, and New Jersey have introduced posting bills, and advocacy groups expect more states to pair posting requirements with pay-data reporting, the mechanism that lets regulators see beyond the ad. California's reporting program, which collects pay data by race, gender, and job category from large employers, is the model, and Illinois and Minnesota have built versions of their own.

Beyond the states, the European Union's Pay Transparency Directive is being phased in through 2026, requiring employers with European operations to report gender pay gaps and publish entry-level ranges. American companies with European operations are importing the discipline home, and consultants expect the internal range-sharing it requires to become the norm at those firms, wherever the worker sits.

Enforcement is tightening in the states that already have laws. Colorado's 2024 rule change, New York City's push on wide bands, and a growing pile of private lawsuits have made compliance more expensive than posting a broad range and forgetting it. Employers are responding by doing the work the laws were meant to force: pricing jobs against market data, building defensible bands, and — more slowly — paying the people inside them consistently.

For workers, the practical takeaway is direct. Read the range as a signal, not a promise: a narrow band suggests the employer knows what the job is worth, a wide one suggests you will need to negotiate. Ask where an offer would land within the band before you invest weeks in interviews, and use Marketivate's salary calculators and inflation-adjusted comparisons when a number from another city or another year needs translating. The laws will keep changing; the questions they made it safe to ask will not go away.

What the next few years will show is whether disclosure changes pay itself, not just the conversation about it. The early evidence suggests the answer is yes at the margins: modest gains near the bottom of bands, more applicants for honest postings, and a slow narrowing of the gap that transparency was always meant to address. The quiet part of the rise of these laws may be the loudest — the discovery that most employers, shown the number, will defend it or change it, but rarely ignore it.