Pay Transparency Compliance Checklist for Employers

Use this checklist to audit your current hiring practices and confirm compliance with applicable state and local pay transparency laws. As of 2026, seventeen states plus Washington, D.C. have active requirements. If you hire remotely, laws in the worker's state may apply regardless of where your company is headquartered.

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Part 1: Know Which Laws Apply to You

• Identify every state where your company has employees or regularly hires candidates
• Identify every state where you post remote roles that workers could perform
• Cross-reference your employee count against the threshold for each relevant state (thresholds range from 4 to 50 employees depending on the state)
• Note which states require benefits disclosure in addition to salary ranges (Colorado, Illinois, Maryland, Minnesota, New Jersey, Washington)
• Note which states require salary ranges for internal postings and promotions (California, Colorado, Washington)
• If you operate internationally, check whether EU Pay Transparency Directive requirements apply to your organization (effective June 2026)

States with active pay transparency laws (as of 2026): California (15+ employees) | Colorado (all) | Connecticut (all) | Hawaii (50+) | Illinois (15+) | Maine (10+) | Maryland (15+) | Massachusetts (25+) | Minnesota (30+) | Nevada (all) | New Jersey (10+) | New York (4+) | Rhode Island (all) | Vermont (5+) | Washington (all) | Washington, D.C. (all)

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Part 2: External Job Postings

• Every open role posted externally includes a salary or hourly wage range
• The range reflects what the company reasonably expects to pay — not an implausibly wide range
• For roles posted in Colorado, Illinois, Maryland, Minnesota, New Jersey, or Washington: a general description of benefits is included (health, retirement, bonus/commission/equity as applicable)
• Remote roles posted as open to applicants in any covered state include the compensation information required by the strictest applicable law
• Job postings on company website, LinkedIn, Indeed, and all job boards are consistent
• Historical archived postings are reviewed if still visible online — non-compliant postings on major job boards remain a liability
• Postings do not include any language that discourages salary discussion among applicants or employees

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Part 3: Internal Postings and Promotions

• Internal job postings (California, Colorado, Washington employees) include salary range
• Internal promotion opportunities (California, Colorado, Washington) include salary range
• Lateral transfer opportunities (California, Colorado, Washington) include salary range
• HR and hiring managers know to include ranges in internal communications about open roles, not just formal postings
• A process exists to set salary bands before a role is approved to post internally

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Part 4: Compensation Architecture

• Salary ranges exist for all job levels and titles at your company
• Ranges are based on documented criteria (market data, internal equity, role complexity)
• Ranges are reviewed at least annually against market benchmarks
• Current employee compensation is mapped against the ranges being published — significant outliers are identified and addressed
• Managers are briefed on how to discuss salary ranges with employees who ask about their own placement within a band
• A pay equity audit has been conducted (or is scheduled) to identify unexplained gaps by gender, race, or other protected characteristics

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Part 5: Recordkeeping and Documentation

• Job descriptions for all posted roles are current and accurately reflect responsibilities
• Documentation exists supporting how salary ranges for each role were determined
• Records are maintained of salary ranges offered to candidates and how final offers were set
• For California employers: records of compensation decisions are retained for the legally required period

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Part 6: Compliance Readiness

• HR staff responsible for posting jobs understand which states require disclosure and what each requires
• Recruiting partners, staffing agencies, or RPO vendors working on your behalf have been briefed on your pay transparency requirements and process
• A legal or HR compliance review has been completed within the last 12 months, or is scheduled
• A process is in place to monitor new state laws and local ordinances that may affect your company as it grows or expands hiring geographically
• Employees in covered states have been informed of their right to request pay range information for positions they are applying for or currently hold

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Quick Reference: States Requiring Benefits Disclosure in Job Postings

State	Salary Range Required	Benefits Description Required	Internal Postings Required
California	Yes (15+ employees)	No	Yes
Colorado	Yes (all employers)	Yes	Yes
Connecticut	Yes (all employers)	No	No
Hawaii	Yes (50+ employees)	No	No
Illinois	Yes (15+ employees)	Yes	No
Maine	Yes (10+ employees)	No	No
Maryland	Yes (15+ employees)	Yes	No
Massachusetts	Yes (25+ employees)	No	No
Minnesota	Yes (30+ employees)	Yes	No
Nevada	Yes (all employers)	No	No
New Jersey	Yes (10+ employees)	Yes	No
New York	Yes (4+ employees)	No	No
Rhode Island	Yes (all employers)	No	No
Vermont	Yes (5+ employees)	No	No
Washington	Yes (all employers)	Yes	Yes
Washington, D.C.	Yes (all employers)	No	No

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This checklist is for general informational purposes and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel to confirm your specific compliance obligations.

Benefits Collective helps employers navigate HR compliance and benefits strategy. Schedule a consultation to talk through your situation.