By Hanan M. Isaacs, Esq., Sr. Attorney, Kingston Law Group, Princeton, N.J.

Important Note: This article is intended as general information, not legal advice. For specific help, speak with an employment law specialist in your jurisdiction or where you report to work.

Since 1965, U.S. states and cities have been fighting gender, age, race, disability, and ethnicity discrimination in the workplace. More recently, the nation’s courts have accepted cases brought on behalf of LGBTQ+ workers. Left unaddressed, workplace discrimination of any kind often results in wage disparities between preferred workers and discrimination victims of.

As part of that fight, some states and a few cities now require wage and benefits transparency, including mandatory disclosure to job applicants as to salary ranges and benefits.

But what about jobs that are remote from the job site, maybe even a state or more away? Are those employers required to disclose salary ranges and benefits?  The answer is mixed. Clearly, more needs to be done to shore up the rights of remote workers. Public policy should not depend on happenstance, where two applicants, similarly situated, are treated differently regarding wage transparency. To put it another way, people should not be treated disparately based solely on location: who works in the plant and who works from home.

Some states include vague language that can be interpreted as covering remote positions, while others mention it explicitly. The following is a list of states, plus the District of Columbia and New York City, which have disclosure requirements for posted job openings – and, as indicated, job openings that may be filled remotely.

California
California’s Labor Commissioner requires a covered employer’s pay scale to be included in a job posting if the position may be filled in person or remotely.

Colorado
The Act’s pay disclosure provision explicitly covers remote jobs. Any employer with any staff in the state “shall disclose compensation in each posting for each job,” except for jobs that could only be performed out-of-state beyond the reach of state law. An employer posting a position that could be done anywhere would be covered by state law.

Connecticut
Salary information need not be disclosed on a job posting but must be disclosed at whichever event comes first—the applicant’s request or at some point before they’re offered a job.

District of Columbia
Covered employers must disclose the wage range, a description of benefits, and a description of any other compensation for any public or internal job postings. There’s no mention of remote workers in the law.

Hawaii
The Hawaii law is silent regarding whether its pay disclosure law applies to remote positions.

Illinois
Illinois law applies to positions physically performed at least partially in Illinois, or they will be based outside the state, and the person reports to an Illinois supervisor, office, or work site.

Maryland
Covered employers must disclose a wage range, a general benefits description, and list any other compensation that comes with the job for all public or internal job postings, as long as the job is physically performed at least partially in Maryland. That seems to include remote employees.

Nevada
A salary range and benefits description must be disclosed when the interview process is complete. It is unclear whether that description must be given to remote job applicants.

New York
Employers must disclose salary or wage ranges in ads for jobs, promotions, or transfers. There must be minimum and maximum annual salaries or hourly wages in advertisements for jobs, internal transfers, or promotions. The law has conflicts as it states this is required only if the work is physically done in New York. It also states it applies to work done out of the state, but the person reports to a supervisor or office in New York State.

New York City
The city requires pay and benefit disclosures for jobs that can be performed in the city but not for those who do not perform work there.

Rhode Island
Pay and benefit information must be given to applicants at their request. This is vague on the issue of remote workers.

Washington
Each posting must disclose the wage scale or salary range, a general benefits description of all the benefits, and a list of other compensation for the job. This is vague on the issue of remote workers.

Do You Have Questions About Your Employer’s Hiring Practices?

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