Pay transparency laws, which require employers to include pay information in job postings, have been on the rise. Colorado and California enacted such laws in 2021 and 2023 respectively. In 2025, several states have decided to join California and Colorado by enacting or expanding pay transparency laws.

Pay transparency laws require the disclosure of details regarding pay and benefits of a position within a job posting. The precise contours of the requirements vary by state, but generally, a good faith range of what the employer would be willing to pay for the position is required. Several laws also prohibit employers from asking questions regarding a candidate’s previous salary.

Here are pay transparency updates from 2025 that retailers need to be aware of moving into 2026:

• California has amended its pay transparency law to include new definitions. “Pay scale” is now defined as a “good faith estimate of the salary or hourly range that the employer reasonably expects to pay for the position upon hire.” This change was designed to eliminate the option for an employer to provide an overly broad range of what someone in that position may make over time, and it instead requires the employer to publish the range that the new hire will receive when they begin. This change takes effect January 1, 2026.
• Delaware’s governor signed a pay transparency law in September of 2025 that requires employers to include a “minimum to maximum pay range for the position, set in good faith by...

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