Virginia employers must now list pay ranges in job postings. Here’s what changed
MIAMI, FLORIDA - MAY 05: A 'Now Hiring' sign posted on the window of a business looking to hire workers on May 05, 2023 in Miami, Florida. A report by the Bureau of Labor Statistics showed the US economy added 253,000 jobs in April. (Photo by Joe Rae
VIRGINIA - Jobseekers in Virginia should now be able to see how much a position pays before submitting an application or sitting down for an interview.
What we know:
A new Virginia law that took effect July 1 requires employers to include a wage, salary or good-faith pay range in job postings.
The requirement covers public and internal postings for jobs, promotions, transfers and other employment opportunities.
The law also prohibits employers from asking prospective employees about the wages or salaries paid by their current or previous employers.
The measure was passed as Senate Bill 215 and House Bill 636 during the Virginia General Assembly’s 2026 session.
What job postings must include
Employers must disclose either the position’s specific wage or salary or a minimum and maximum pay range.
The range must be set in good faith. Under the law, an employer can base it on:
- An applicable pay scale
- A previously determined range for the position
- What workers in equivalent positions currently earn
- The amount budgeted for the position
The law also says the breadth of the range can be considered when determining whether it was set in good faith. That means an unusually wide range could face scrutiny if it does not reasonably reflect what the employer expects to pay.
The rules apply to internal opportunities
The disclosure requirement is not limited to jobs advertised to the public.
Employers must also include pay information in internal postings for promotions, transfers and other employment opportunities.
That gives current workers access to the expected compensation before deciding whether to pursue another position within their company.
According to GOBankingRates, an annual $150,000 salary is considered lower middle class in cities like Arlington, Virginia; San Francisco; San Jose, California; Irvine, California; and Seattle. (Getty Images)
Can employers ask about salary history?
Employers may no longer seek an applicant’s wage or salary history.
They also cannot rely on that history when deciding whether to consider or hire someone or when determining the person’s starting pay.
The prohibition covers information requested directly from an applicant, as well as salary information sought from a former employer or third-party service, according to the Virginia Department of Labor and Industry.
Employers also cannot refuse to interview, hire, employ or promote someone — or otherwise retaliate against that person — because they declined to provide salary history or asked about a position’s pay range.
What if an applicant shares previous pay?
Applicants are still allowed to disclose their salary history voluntarily.
However, when an applicant provides that information without being prompted, the employer may generally use it only to support pay higher than the employer’s initial offer.
The employer may also confirm the voluntarily disclosed salary history when it is being used to support a higher offer, provided the compensation does not violate state or federal equal-pay protections.
What happens if an employer violates the law?
The Virginia attorney general may bring a civil action against an employer accused of violating the law.
An employer can face a civil penalty of up to $1,000 for a first violation and up to $5,000 for each subsequent violation.
A job applicant or employee whose rights were violated may also file a lawsuit within one year. A court can award actual damages and other legal or equitable relief.
Can an employer correct a job posting?
Employers are given an opportunity to correct certain violations involving missing or improperly set pay ranges.
Anyone can provide a written notice alleging that a posting does not comply with the law. Once an employer receives notice about a particular posting, that notice applies for the remainder of the time the posting remains active.
The employer has 15 business days to correct the listing wherever it was originally posted. If the correction is made within that window, a lawsuit cannot be brought over that particular posting violation.
Why Virginia changed the rules
Gov. Abigail Spanberger’s office described the law as a way to promote greater transparency during the application process and help ensure workers are offered appropriate compensation.
The law was among several new worker protections that took effect in Virginia on July 1.
The Source: This article was written using information from the Code of Virginia, the Virginia Legislative Information System, the Virginia Department of Labor and Industry and the Office of Gov. Abigail Spanberger.