Virginia Governor Abigail Spanberger has signed into law SB215 and HB636, identical bills that require covered employers to disclose the wage or salary range for public and internal job postings. The law also prohibits employers from seeking the wage or salary history of a prospective employee. The law will go into effect on July 1, 2026.
In passing this law, Virginia joins a growing number of states and jurisdictions that have passed similar requirements over the last few years, including New Jersey, California, Colorado, Hawaii, Illinois, Maryland, New York City, Minnesota, Vermont, and Washington, DC.
PAY TRANSPARENCY REQUIREMENTS
The new 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.” The law also prohibits employers from failing to set a wage or salary range in good faith. In determining whether an employer violated this prohibition, the law provides: “Any analysis of whether the wage or salary range has been set in good faith shall consider, among other things, the breadth of such wage or salary range.”
The law defines wage or salary range as “the minimum and maximum wage or salary for the position, set in good faith by reference to any applicable pay scale, any previously determined wage or salary range for the position, the actual range of wages or salaries for persons currently holding...
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