This article was originally published in Law360 on January 9, 2023, and is republished here with permission.

A recent wave of pay transparency laws aimed at improving pay equity has left many employers confused about how to recruit across state lines.

This article provides a summary of key pay disclosure requirements across the country, provides employers with practical guidance on how best to navigate the various standards, and looks ahead to what the future may bring.

Pay Transparency Law Updates for 2023

California

Employers in California have long been required to provide applicants with the pay scale for a position upon reasonable request. However, beginning Jan. 1, employers with 15 or more employees, at least one of whom is located in California, must include the pay scale for a position in any job posting, including positions posted by third parties.

Colorado

Employers with one or more employees in Colorado are required to disclose the hourly or salary compensation, or a range of the hourly or salary compensation, that the company would pay for the role, in each posting for a job opening.

The Colorado Department of Labor has confirmed that this law applies, with a few narrow caveats, to all remote job openings so long as the employer has at least one worker in Colorado.

Connecticut

Employers with one or more employees in Connecticut must provide a wage range to current employees and applicants upon the receipt of either: (1) the applicant's request or (2) the...

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