Pay Transparency Requirements
Laws requiring salary disclosure in job postings, pay scale transparency, and wage information access
Why This Matters
Pay transparency is crucial for addressing systemic wage discrimination and information asymmetry in the labor market. When salary information is hidden, employers have significant negotiating advantages that often perpetuate pay gaps based on gender, race, and other protected characteristics. Transparency empowers job seekers and employees to make informed decisions, negotiate fair compensation, and identify potential discrimination. Research shows that pay transparency reduces wage gaps by 20-40% and improves employee trust and retention.
How It's Measured
Compliance is typically measured through job posting audits (checking if salary ranges are included), employee surveys about access to pay information, review of company policies regarding pay discussions, and monitoring of posted salary ranges for accuracy and completeness. Regulators may conduct spot checks of job advertisements, review company compensation documentation, and investigate employee complaints about missing or misleading pay information.
How to Comply & Mitigate Risk
Organizations can comply by implementing comprehensive pay transparency programs including: publishing salary ranges in all job postings with clear minimum and maximum bounds, creating accessible pay scales for current employees, removing pay secrecy clauses from employment contracts, training managers on transparent compensation conversations, and establishing regular compensation reviews. Best practices include using market data to set defensible ranges, ensuring ranges are wide enough to accommodate experience levels, and clearly communicating the factors that determine where individuals fall within ranges.
Common Requirements
Salary ranges in job advertisements
Pay scale publication requirements
Employee access to compensation data
Prohibitions on pay secrecy clauses
Jurisdictions with Pay Transparency Requirements Requirements
12 jurisdictions have legislation covering this topic area
Romania
EnactedEurope
Key Laws:
- • Labour Code (Law no. 53/2003)
- • Law no. 202/2002 on equal opportunities
- + 2 more
Covers 7 topics
Germany
EnactedEurope
Key Laws:
- • Entgelttransparenzgesetz (Pay Transparency Act)
- • General Equal Treatment Act (AGG)
- + 1 more
Covers 4 topics
Spain
EnactedEurope
Key Laws:
- • Royal Decree 902/2020
- • Organic Law 3/2007
- + 1 more
Covers 4 topics
Austria
EnactedEurope
Key Laws:
- • Equal Treatment Act (Gleichbehandlungsgesetz)
- • Income Reports Act
- + 1 more
Covers 4 topics
Portugal
EnactedEurope
Key Laws:
- • Labour Code
- • Law No. 60/2018
- + 1 more
Covers 3 topics
California (USA)
EnactedNorth America
Key Laws:
- • California Equal Pay Act
- • SB 1162 (Pay Transparency)
- + 1 more
Covers 5 topics
New York (USA)
EnactedNorth America
Key Laws:
- • NY State Pay Equity Law
- • NYC Pay Transparency Law
- + 1 more
Covers 4 topics
Colorado (USA)
EnactedNorth America
Key Laws:
- • Colorado Equal Pay for Equal Work Act
- • SB19-085
Covers 4 topics
Washington (USA)
EnactedNorth America
Key Laws:
- • Washington Equal Pay and Opportunities Act
- • Pay Transparency Law (2023)
Covers 3 topics
Ontario (Canada)
EnactedNorth America
Key Laws:
- • Pay Equity Act
- • Pay Transparency Act (2023)
Covers 4 topics
British Columbia (Canada)
EnactedNorth America
Key Laws:
- • Pay Transparency Act (2023)
- • Human Rights Code
Covers 4 topics
Singapore
PlanningAsia-Pacific
Key Laws:
- • Tripartite Guidelines on Fair Employment Practices
Covers 2 topics