MODEL BILLS

Wage Transparency in Job Postings Act

Summary: The Wage Transparency in Job Postings Act requires that employers disclose a wage range, including a summary of benefits, in any posting for a job opening.

Based on Washington SB 5761 (2022)

SECTION 1. SHORT TITLE

This Act shall be called the “Wage Transparency in Job Postings Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature finds that:

(1) A lack of information about pay and benefits in job advertisements leads to inequality in pay, usually with white males earning more than females and people of color.

(2) Pay transparency can not only reduce unfair pay gaps, but also avoid potential dissatisfaction and turnover among talented staff.

(3) In recent years, California, Colorado, Oregon, Washington and New York City have enacted laws to require employers to post information about their salaries to prospective employees.

(B) PURPOSE—This law is enacted to provide equity and fairness to job seekers.

SECTION 3. WAGE TRANSPARENCY

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITION—In this section:

“Job posting” means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.

(B) DISCLOSURE OF WAGE OR SALARY RANGE BY EMPLOYER

(1) An employer must disclose in each job posting the wage scale or salary range, and a general description of all of the benefits and other compensation to be offered to the hired applicant.

(2) Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee’s new position.

(3) This section only applies to employers with [five] or more employees.

(C) ENFORCEMENT

(1) The [Department of Labor] shall promulgate appropriate guidelines or rules for implementation and enforcement of this section.

(2) In an enforcement action, recovery of any wages and interest must be calculated from the first date wages were owed to the employee.

SECTION 4. EFFECTIVE DATE

This law shall become effective on XXXX 1, 202X.