State Pay Disclosure Law Tracker

Legislation barring employers from asking applicants what they've been paid previously and requiring employers to share estimated salary ranges for open positions has been on the rise, as state lawmakers try to make a dent in stubborn gender and race-based pay gaps in the U.S.


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--Graphics by Ben Jay.

NEWS & ANALYSIS


Introducing Law360's Pay Disclosure Law Tracker

By Amanda Ottaway

A movement to tackle discriminatory pay gaps has swept the U.S. in recent years as nearly half of states have enacted bans on salary history requests while almost a dozen have issued laws that require employers to share what they're willing to pay for a position. Law360 has created an interactive, nationwide map tracking these salary history bans and pay transparency requirements.

Women's Advocate Discusses Unions' Impact On Pay Gaps

By Jon Steingart

Unions help women earn higher wages and narrow gender pay gaps, according to an analysis of U.S. Bureau of Labor Statistics data by the National Women’s Law Center. Here, Law360 speaks with the law center’s senior counsel Adrienne DerVartanian about the protections unions afford women and others.

What To Know About Ill. Equal Pay Registration Requirements

By Vin Gurrieri

The deadline for employers in Illinois to apply for an equal pay registration certificate — which involves submitting wage and demographic information and attesting that workplace anti-bias compliance is up to snuff — recently passed. Here's what businesses there need to know.

3 Areas Where Equal Pay Progress Is Lacking

By Daniela Porat

Legislation across all levels of government has spurred progress on pay equity but critical gaps persist, such as the limited information employees have on their company's pay practices and the need to think about equal pay beyond compensation, attorneys say.

4 Trends To Watch As Changes In Equal Pay Law Unfold

By Daniela Porat

The equal pay landscape has evolved at a rapid clip in recent years, with new laws sparking unprecedented transparency around employer compensation practices and leading to litigation that will clarify how to define key legal standards, attorneys say. Here's a look at four trends playing out as equal pay law develops.

3 Tips To Not Mess Up Calif. Pay Data Reports

By Daniela Porat

Reporting pay data to state agencies is a newer facet of pay transparency, and attorneys say employers must set out clear compensation decision schemes and start gathering information sooner rather than later to stay in compliance. 

NYC Salary Range Rules Take Shape Amid Recent Crackdown

By Anne Cullen

Among the series of complaints New York City fired off in the past six months accusing companies of flouting its salary transparency law are three cases that experts said shine a much-needed light on what the city's civil rights enforcement arm considers a reasonable wage range for a job ad.

Aaron's Job Applicant Insists He Can Sue Over Online Posting

By Greg Lamm

A job seeker is claiming he has a right to sue rent-to-own retailer Aaron's for allegedly running afoul of Washington's pay transparency law even though he was never hired, arguing it would be "absurd" to require him to take the job before being able to sue over a lack of details in a posting.

Federal Employers May Not Weigh Applicants' Salary Histories

By Courtney Bublé

On the 15th anniversary of the enactment of a major anti-pay discrimination bill, the Biden administration on Monday announced several new pay equity measures for federal employees, including one that would bar federal agencies and contractors from considering a job applicant's salary history.

Assessing Harm From Pay Transparency Violations Is Tricky

By Daniela Porat

Who has standing to sue an employer for pay transparency violations will be a key question in this new frontier of equal pay litigation, requiring assessments of counterfactual compensation schemes and debates about what constitutes harm, attorneys say.

Applicants Can't Sue Under Wash. Pay Law, Aaron's Says

By Grace Elletson

Rent-to-own products retailer Aaron's has urged a Washington federal judge to toss a job seeker's lawsuit alleging the company ran afoul of a new state pay transparency law by omitting salary details from a job posting, arguing the suit can't stand because the applicant was never hired.

Qdoba Strikes Deal To End Washington Pay Transparency Suit

By Grace Elletson

Qdoba has agreed to resolve a proposed class action in Washington federal court from a job applicant who alleged the fast casual Mexican restaurant chain violated Washington state's pay transparency law by failing to disclose salary information in its job postings.

DC Set To Require Pay Transparency In Job Listings

By Patrick Hoff

The District of Columbia will soon require employers to include a pay range in job descriptions and bar them from asking applicants about their salary history after Mayor Muriel Bowser signed legislation Friday passed by the D.C. Council.

DC Council OKs Pay Transparency, Wage Law Coverage Bills

By Irene Spezzamonte

The D.C. Council approved a pair of bills requiring employers to include pay ranges and benefits in job advertisements and expanding minimum wage eligibility for certain workers.

Data Shows Employers Get Pay Transparency Wiggle Room

By Daniela Porat

Pay transparency compliance data from Colorado, Washington state and New York City reveals how government agencies are prioritizing giving employers a second chance before wielding penalties while also managing the challenge of counting on vulnerable job applicants for tips, attorneys say.

Aaron's Accused Of Flouting Wash. Pay Transparency Law

By Abby Wargo

Rent-to-own furniture and appliance retailer Aaron's has not been posting wage information on its website, violating a Washington state law requiring employers to be transparent about the wages prospective employees can anticipate, an applicant said in a suit removed to federal court.

Spate Of Pay Range Suits Has Wash. Employers 'Freaking Out'

By Amanda Ottaway

A wave of proposed class actions invoking a Washington state law that requires employers to post pay ranges in job ads has some businesses rattled because of uncertainty about how the novel statute will be applied by courts, experts say.

Mass. Senate Moves Pay Transparency Bill Forward

By Patrick Hoff

Massachusetts moved a step closer to requiring that employers disclose pay ranges in job ads and report wage data by gender and race after the state Senate on Thursday passed an amended version of pay transparency legislation that cleared the House this month.

Pay Transparency Is Boon For Current Employees Too

By Daniela Porat

Though a focus of pay transparency laws is to empower job applicants with compensation information, they also provide context and protection to current employees who can then suss out if their pay is unequal — a catalyst for litigation.

3 Key Points Where Pay Transparency Laws Diverge

By Daniela Porat

Pay transparency laws mandating compensation disclosures in job postings are cropping up across the country, but many have distinct requirements. Here, Law360 explores where these laws differ from one another.