Pay Transparency for Remote Job Postings: Which State Laws Apply?

Remote work has made pay transparency compliance significantly more complicated. When a job is open to applicants in every state, every state pay transparency law that applies to your company size could apply to that posting. Employers who dealt with this by listing postings as “not available in CO” learned the hard way that regulators were not amused.

The Colorado problem that started it all

When Colorado’s Equal Pay for Equal Work Act (EPEWA) took effect in 2021, several large employers responded by excluding Colorado applicants from remote postings to avoid the salary disclosure requirement. The Colorado Department of Labor issued guidance in 2022 making clear that this practice violates the law. Colorado EPEWA applies to any employer that has at least one Colorado employee — not just companies based in Colorado.

The practical implication: if you have any Colorado employees, you must include salary ranges and a benefits description in every job posting for roles that could be performed in Colorado — which is most remote roles.

How each major state handles remote postings

California (SB 1162)

Applies to employers with 15 or more employees. A remote posting must include a salary range if there is any possibility the role could be performed in California. If you are open to California-based remote workers, the posting must list pay scale.

Colorado (EPEWA)

The broadest trigger: applies if you have at least one employee in Colorado, regardless of whether the open role is remote or in-person. Requires salary range and a description of all benefits and other compensation. Colorado also requires employers to notify existing employees of promotion opportunities.

New York (§194-b + NYC Local Law 32)

New York State requires salary ranges for employers with four or more employees. NYC Local Law 32 goes further: it applies to any job that can be performed in New York City — explicitly including remote roles. If your remote role is open to New York City residents, the NYC rule applies.

Washington (EPEWA)

Applies to employers with 15 or more employees. Remote postings that could be filled by Washington-based workers must include wage scale or salary range plus a benefits description. Washington also requires you to include a job description in covered postings.

Illinois (HB 3129)

Effective January 1, 2025 for employers with 15 or more employees. Applies to any position that will be performed at least partially in Illinois, including remote roles where the employee will be based in Illinois.

The practical answer: post salary ranges everywhere

The simplest and most defensible approach for most companies is to include a salary range in every job posting, regardless of location. The incremental cost — a few extra minutes per posting to verify your compensation band — is far lower than the compliance risk of getting it wrong in even one jurisdiction.

For remote roles specifically, the range you post should reflect the actual pay for the role. If your company uses geographic pay bands (e.g., different pay for San Francisco vs. Austin employees), you have a few options:

• Post the broadest range across all locations and note that final compensation depends on location.
• Post location-specific ranges for the states where most applicants will come from.
• Move to location-agnostic pay bands (an increasingly common approach among remote-first companies).

What about “salary range depends on location”?

Colorado has issued guidance that you cannot substitute a note about location-based pay for an actual range. You must post a number (or range of numbers) representing what the role pays in Colorado. Other states have followed similar interpretations. If you use geographic bands, the safe approach is to post a range per location or a composite range that is genuinely reflective of what a qualified candidate would receive.