As we have previously reported, a growing number of states and localities have enacted legislation requiring employers to post salary ranges for available positions and prohibiting employers from asking applicants and employees about their salary history. The purported purpose of these laws is, at a high level, to increase pay transparency and pay equity by closing pay gaps and allowing candidates to effectively negotiate for themselves in hiring. Several additional states — including Virginia, Maine, and Delaware — have now joined the list of states with such laws.

Virginia’s Pay Transparency and Salary History Ban

First, Virginia passed a law, which will take effect on July 1, 2026, that includes both pay transparency requirements and a salary history ban.

• As for pay transparency, the law prohibits employers from “fail[ing] or refus[ing] to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range for the position.”

• As for the salary history ban, the law prohibits employers from asking about or seeking out the wage or salary history of an applicant; relying on the wage or salary history of an applicant in making hiring decisions; relying on an applicant’s wage or salary history in determining the wage or salary that individual will ultimately be paid upon hire; and refusing to interview, hire, or promote a prospective or current employee for not providing information...

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