Update: Connecticut Governor, Ned Lamont, signed Public Act 26-12 into law on May 11, 2026, enacting a broad set of workforce protections, including new wage transparency requirements for job postings and other expanded employee rights.

Virginia, Maine, and Delaware have recently joined numerous other states and local jurisdictions in adopting pay transparency laws that require employers to include salary or wage ranges in job postings, along with other state-specific requirements. 

Virginia laws (HB 636 and SB 215) take effect July 1, 2026, Maine’s law (LD 54) on July 29, 2026, Connecticut’s amendment (Public Act 26-12/House Bill 5003) on October 1, 2026, and Delaware’s law (HB 105, as amended) on September 26, 2027. 

These laws reflect a broader trend, but requirements vary in important ways. For example, all four states require employers to disclose pay ranges in job postings, while Delaware and Connecticut also requires disclosure of benefits information.

Virginia HB 636/SB 215 – Salary History Ban and Wage Range Disclosure 

Virginia’s law takes effect July 1, 2026, applies to all employers, regardless of size, and addresses compensation through two key areas: pay history and pay transparency. 

Pay History 

Employers cannot ask about or use a candidate’s past pay, whether from a current or previous job, when making hiring or compensation decisions. 

If a candidate chooses to share their pay history on their own (without being asked), the employer may consider it, but only to support offering a higher salary than originally planned, and only if it complies with Virginia’s Equal Pay Act and federal law. In those cases, the employer may verify the information provided. 

Also important is that employees and applicants are protected from retaliation. This means employers cannot take negative actions, such as refusing to interview, hire, promote, or employ someone, because they declined to share their pay history or asked for the salary range of a role. 

Pay Transparency 

Employers must include the wage, salary, or wage/salary range in every public or internal posting for a job, promotion, transfer, or other employment opportunity. 

A “wage/salary range” refers to the minimum and maximum pay for the position, set in good faith. The wage/salary range should be based on factors such as: 

  • An established pay scale 
  • A previously defined range for the role 
  • The pay of employees in similar positions 
  • The budget for the role 

Whether a range is set in good faith may depend on several factors, including how broad the stated range is. 

Enforcement 

The Virginia Attorney General may bring civil action to enforce this law. Employers found in violation may face civil penalties of up to $1,000 for a first offense and up to $5,000 for subsequent offenses.  

Additionally, an applicant or employee may file a claim for damages within one year of an alleged violation. However, employers are given an opportunity to correct certain violations related to pay transparency postings. If an employer receives written notice about a noncompliant posting and makes a correction within 15 business days of the original posting location, no legal action may be brought for that violation. 

Maine LD 54 – Pay Range Disclosures and Recordkeeping 

Maine’s law takes effect on July 29, 2026, and applies to employers with 10 or more employees. The statute does not specify whether this threshold is limited to Maine-based employees. The law focuses on pay transparency in job postings and requires employers to maintain records of employee pay range history. 

Pay Transparency 

Covered employers must include pay information in any job solicitation for a specific open position, whether communicated directly or through a third party, and whether posted electronically or in print. These postings must clearly state the expected pay range for the role. Positions that are compensated solely by commission must be clearly identified as such and are not considered to have a pay range. 

A “pay range” reflects what the employer expects to offer for the position and may be based on factors such as: 

  • An established pay scale 
  • A previously determined wage range for the role 
  • The pay of employees in similar positions 
  • The budget allocated for the position 

Recordkeeping of Pay Disclosures 

Covered employers must provide the pay range for an employee’s current position upon request and must maintain records of each position an employee holds, along with the employee’s pay history in each role for the duration of employment and for three years after employment ends. 

Connecticut Public Act 26-12 (House Bill 5003)

Connecticut’s pay transparency amendment takes effect on October 1, 2026. It applies to all employers, regardless of size, and will require them to include the wage or wage range, along with a general description of benefits in all internal and external job postings. There is also a pay code guide requirement for large employers.

The law also clarifies its reach for out-of-state employers and employees. It applies to positions performed in Connecticut, as well as work performed outside of the state, if the employee reports to a supervisor, office or other worksite located in Connecticut.

Under current law, employers only need to provide the wage range if an applicant requests it, or by the time an offer of compensation is made or employment begins.

Pay and Benefits Transparency

The statute defines a “wage range” as the range the employer sets in good faith for a position. That range may be based on factors such as:

  • An established pay scale
  • A previously determined wage range for the role
  • The pay of employees in similar positions
  • The budget allocated for the position

The law also defines benefits to broadly include:

  • Health insurance
  • Retirement benefits
  • Fringe benefits
  • Paid leave benefits
  • Other non-wage compensation offered with a position

For current employees, employers must provide the same information when there is a role change or upon request. If a position is not posted, employers should still be ready to share the required information before discussing compensation.

In addition, employers with at least 100 employees must provide a guide explaining the most commonly used pay codes for overtime and other pay differentials, such as on-call pay, hazard pay, and holiday pay, if applicable. The guide must:

  • Cover at least 10 pay codes, when applicable, and include contact information of the designated office or individual who will handle employee pay disputes.
  • Be posted on the employer’s website, if it has one, in English, Spanish and any other language commonly spoken by employees.
  • Be updated anytime a new pay code is used or added by the employer.
  • Be provided at the time of hire and on each wage statement either with a link to the guide on the company’s website or as a written copy of the guide at time of hire in English and the employee’s primary language to satisfy the initial notice requirement.

Finally, employers may not retaliate against applicants or employees who exercise their rights under the law. The statute also requires any private lawsuit to be filed within two years of a perceived violation and removes punitive damages as a recoverable remedy.

Delaware House Substitute No. 2 for House Bill (HB) No. 105

Delaware’s pay transparency law takes effect September 26, 2027, and applies to employers with 26 or more employees. 

Covered employers must provide applicants with the hourly or salary range, along with a general description of benefits and other compensation, before any offer or compensation discussion and at any time upon request by the applicant. 

Pay and Benefits Transparency 

Covered employers must include the following in all internal and external job postings: 

  • The hourly or salary amount, or range, and a general description of benefits and other compensation. 
  • For commission-based roles (in whole or in part), a clear statement that the position is commission-based (no pay range disclosure required). 
  • For tipped roles, a statement that the position is tipped, along with the base wage or range of base wages. 

Recordkeeping 

Employers must maintain job descriptions and wage or salary history for each employee for the duration of employment and for three years after employment ends. These records must be provided to the Delaware Department of Labor upon request. 

Enforcement and Penalties 

  • First violation is a written warning
  • Subsequent violations are civil penalties ranging from $500 to $10,000 per violation
  • Each noncompliant job posting counts as a single violation, regardless of how many times it is posted

Employers are also prohibited from retaliating against individuals who file complaints. Violations may result in additional penalties of $500 to $10,000 per incident. Note that third parties that post or repost job listings are not liable under this law. 

Employer Action Items 

  • Employers with employees in Connecticut, Delaware, Maine and Virginia should start developing a plan to comply with these disclosure requirements by auditing all job postings to ensure proper pay range disclosures are included and are built into future posting templates. 
  • Connecticut and Delaware employers must include a general description of benefits along with compensation in all job postings.
  • Connecticut employers with at least 100 employees should create and maintain a pay code guide in English, Spanish, and other common employee languages, update whenever pay codes change, and provide the guide’s address link (URL) to employees at hire and on each wage statement if the employer maintains an internet website.
  • Delaware and Maine employers should review recordkeeping processes to ensure all job titles and pay rates are captured for employees and retain that information for at least three years or more.
  • Ensure all job titles have pay ranges determined in the event an employee requests this information.
  • Multistate employers should closely monitor evolving state and local pay transparency requirements, as coverage and enforcement are rapidly expanding. 
  • Proactive compliance that includes regular audits of job postings, training for HR and recruiting teams, and prompt correction of deficiencies is essential to avoid significant penalties. 
  • Employers should review state-specific guidance and enforcement trends to ensure their pay transparency practices are up to date and legally compliant. 

Additional Resources 

Last Updated:

Séamus McGuire

Séamus McGuire

Séamus is a Compliance Specialist for Sequoia, where he works with clients to optimize and streamline benefits compliance. In his free time, Séamus enjoys riding rollercoasters, attending Broadway shows and traveling with his husband.