There is a growing trend of local jurisdictions enacting pay transparency laws which require employers in those jurisdictions to provide compensation information to job applicants and employees. The uptick in remote work arrangements over the last few years has effectively extended the reach of such local pay transparency laws to apply extraterritorially to applicants or employees working from home in other jurisdictions.

For example, New York City’s pay transparency law, which went into effect in November 2022, requires employers to include a good faith pay range in all job advertisements and applies to jobs that could be performed in New York City’s jurisdiction so long as at least one employee already works in that jurisdiction.

Similarly, Colorado’s pay transparency law, which went into effect in January 2021, applies to employers who have at least one employee in Colorado and requires such employers to include in each job posting (1) the rate or range of compensation; (2) a general description of any bonuses, commissions, or other compensation; and (3) a general description of all benefits the employer is offering for the position. Colorado’s pay transparency law applies to “work capable of being performed in Colorado, including remote work…”

Likewise, California’s pay transparency law, which went into effect in January 2023, applies to employers with at least 15 employees so long as one employee is located in California. California issued guidance on how the law...

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