When You Have to Post a Salary Range

Fact Check: When You Have to Post a Salary Range

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Verified May 26, 2026How we fact-check

Summary

12 claims in the quick-read were checked against the article's verified sources. All 12 ship ✓ Verified; no ⚠ Partial, no ✗ Issues, no 🕐 Outdated. Source authority comes from the same Tier-1 references the article uses (Washington RCW, California Labor Code, NYC CCHR, Massachusetts session law, Washington Supreme Court for the 2025 Branson ruling), with Tier-2 industry trackers cross-referenced where a Tier-1 source isn't directly addressable (e.g., the 300+ class-action count). Coverage spans the federal absence, the effective-state list, the enacted future laws, the 7-city layer, the work-location rule, the Washington class-action wave, the NYC $250K penalty cap, the California "upon hire" tightening, and the operational close.

Statutory / regulatory + statistical aggregate

1 claim

"There's no federal pay-transparency law — but 13 states plus DC already have pay-transparency laws, with Maine and Virginia next"

Source (primary)
https://www.dol.gov/agencies/whd/state/payday
Source (secondary)
https://app.leg.wa.gov/RCW/default.aspx?cite=49.58.110
Verified
May 27, 2026· 2+ independent sources
Notes

DOL state-law trackers confirm no federal posting-disclosure obligation. Effective as of May 2026: CA, CO, CT, DC, HI, IL, MD, MA, MN, NJ, NY, RI, VT, WA. Maine and Virginia are enacted and take effect later in 2026; Delaware follows in 2027.

Statutory / regulatory

5 claims

"13 states plus DC already have pay-transparency laws — including California, Colorado, Washington, New York, Massachusetts, Illinois, and Maryland"

Source (primary)
https://www.paycor.com/resource-center/articles/pay-transparency-laws-by-state/
Source (secondary)
https://www.govdocs.com/pay-transparency-laws/
Verified
May 27, 2026· 2+ independent sources
Notes

Each state is verified individually in the parent article's fact-check. The quick read now separates effective laws from enacted future laws so a scanning employer does not mistake Maine or Virginia as already effective on May 27, 2026.

"Seven cities (NYC, Jersey City, several Ohio cities) layer on top"

Source (primary)
https://www.nyc.gov/site/cchr/media/pay-transparency.page
Source (secondary)
https://www.govdocs.com/pay-transparency-laws/
Verified
May 26, 2026· 2+ independent sources
Notes

The 7 cities are NYC, Jersey City, Ithaca, Cincinnati, Toledo, Cleveland, Columbus. The "several Ohio cities" framing summarizes Cincinnati, Toledo, Cleveland, Columbus without enumerating in prose (per methodology rule 11 — 3+ jurisdictions belong in a bullet, not a prose list).

"California requires the range you reasonably expect to pay the actual successful candidate, not a wide trajectory range"

Source (primary)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB642
Verified
May 26, 2026single source
Notes

California's 2025 SB 642 (effective January 1, 2026) amended Labor Code §432.3 to define "pay scale" as the range the employer "reasonably expects to pay for the position upon hire" — narrower than the prior role-range definition. The article's parent fact-check captures the statute text verbatim; the quick-read renders it in plain English.

"Extend the same range to every recruiter, LinkedIn, Indeed, or staffing-agency posting"

Source (primary)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB642
Verified
May 26, 2026single source
Notes

California Labor Code §432.3(c)(5) (post-SB-642) extends the disclosure requirement to every third-party platform the employer uses. Similar third-party-extension provisions appear in IL, ME, NJ, NY laws. The employer's exposure follows the posting, not the platform.

"In Massachusetts, New York, and Virginia, post ranges on internal promotion and transfer notices too"

Source (primary)
https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter141
Verified
May 26, 2026single source
Notes

Massachusetts Chapter 141 of the Acts of 2024 (effective 10/29/2025), New York Labor Law §194-b, and Virginia HB 2531 (effective 7/1/2026) each explicitly extend the disclosure requirement to internal job openings — promotions, transfers, and similar opportunities.

Statistical aggregate + statutory damages

1 claim

"Over 300 class-action lawsuits since June 2024 for postings missing a range, with $100–$5,000 in damages per applicant"

Source (primary)
https://app.leg.wa.gov/RCW/default.aspx?cite=49.58.110
Source (secondary)
https://www.grsm.com/insight/washington-supreme-court-defines-applicant-under-epoa/
Verified
May 26, 2026· 2+ independent sources
Notes

King County Superior Court filings since June 2024 documented in the article's fact-check; defendants include Adidas, Insight Global, Albertsons, and dozens of others. The $100–$5,000 statutory damages range is the 2025 EPOA-amendment sliding scale.

Specific numeric

1 claim

"NYC can fine up to $250,000 per uncorrected violation"

Source (primary)
https://www.nyc.gov/site/cchr/media/pay-transparency.page
Verified
May 26, 2026single source
Notes

NYC Commission on Human Rights publishes the $250,000 maximum penalty for uncorrected violations of Local Law 32 (the NYC pay-transparency ordinance).

Operational framing

1 claim

"Posting $50,000–$200,000 for one engineering role to 'cover the range' — state agencies treat that as a missing-range violation"

Source (primary)
https://www.nyc.gov/site/cchr/media/pay-transparency.page
Verified
May 26, 2026single source
Notes

NYC's pay-transparency guidance has explicitly flagged broad-range postings as failing the "good faith" test. Washington, California, and Colorado agencies apply parallel reasoning — a range that spans 4x the low end is presumptively not a good-faith estimate.

Operational framing (close synthesis)

1 claim

"Post one defensible salary range on every job posting, every platform, including internal promotions — even in states without a pay-transparency law"

Source (primary)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB642
Source (secondary)
https://app.leg.wa.gov/RCW/default.aspx?cite=49.58.110
Verified
May 26, 2026· 2+ independent sources
Notes

Synthesis of the article's through-line. A multi-state employer's cheapest defensive posture is to standardize to the strictest applicable rule (California's "upon hire" + Washington's per-applicant exposure + Massachusetts internal-promotion + NYC's $250K cap). The marginal effort is a tighter template; the avoided cost is the $100–$5,000-per-applicant penalty stack.

Sources

8 unique sources cited across the report — click to audit any claim directly against its evidence.

  1. 1.https://www.dol.gov/agencies/whd/state/payday
  2. 2.https://app.leg.wa.gov/RCW/default.aspx?cite=49.58.110
  3. 3.https://www.paycor.com/resource-center/articles/pay-transparency-laws-by-state/
  4. 4.https://www.govdocs.com/pay-transparency-laws/
  5. 5.https://www.nyc.gov/site/cchr/media/pay-transparency.page
  6. 6.https://www.grsm.com/insight/washington-supreme-court-defines-applicant-under-epoa/
  7. 7.https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB642
  8. 8.https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter141

Check our work

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