States with active disclosure laws (as of 2026)
- California — pay ranges in job postings; disclosure to applicants on request
- Colorado — pay ranges and benefits in postings
- Washington — pay ranges and benefits; remote roles count if hireable from WA
- New York — pay ranges in postings (state-wide as of 2023)
- Illinois, Hawaii, Massachusetts — phased in 2024–2025
- Minnesota — pay ranges and benefits effective 2025
- Vermont, Maryland — effective 2025
The trap with remote roles
If a remote role is "open to candidates anywhere in the US," you trigger every state's disclosure law. Most legal teams now publish a single national pay range in postings to stay compliant.
Building defensible bands
- Benchmark from a real source. Radford, Mercer, or the BLS for public-sector roles.
- Three-tier bands: P25, P50, P75 by level and geography.
- Document the methodology. When asked, you should be able to explain how the band was derived.
- Refresh annually. Bands stale by more than 12 months will be challenged.
What we recommend
Just publish the band. The compliance burden of trying to vary postings by state outweighs any negotiating leverage you'd gain by hiding ranges.