Your job posting may be subjected to compliance requirements depending on locale. Please reference the compliance requirements below.
HR Authorizers have access to additional state-compliant resources related to pay range transparency laws through the TriNet Reference Library tool: TriNet (login.TriNet.com)> Admin/Manager view> From the side panel, click "Compliance"> TriNet Reference Library> “Continue.”> HR Program Development tab> Comparative Charts for Multi-State Employers > Recruitment > Pay Range Transparency Laws and Salary History Inquiry Bans Chart.
California
California approved Senate Bill 1162 (SB 1162), expanding pay scale disclosure obligations and requiring covered employers to provide a pay scale in job postings, among other things.
Employers Impacted: Employers with one or more employees performing work in California.
Effective Date: January 1, 2023.
Suggested Actions: Review procedures and documents for hiring and promotions or transfers, including internal and external job postings, to help ensure compliance.
- Job postings for covered employers should include an hourly or salary pay range that the
employer “reasonably expects” to pay for that position. In the absence of additional rules or guidance, we recommend preparing to disclose pay scales for all new positions posted on
or after January 1, 2023, and for positions posted prior to that date that are still open on
that date.
Review TriNet's communication for additional suggested actions on the topic.
Colorado
Ensure job postings for positions in Colorado include the hourly or salary compensation or a compensation range in addition to a general description of all benefits and other compensation offered. You should comply with the specific requirements outlined within both the Equal Pay for Equal Work Act and the Equal Pay Transparency Rules.
Jersey City
Effective April 13, 2022, Jersey City, New Jersey Ordinance 22-026 (the “Ordinance”) requires employers with five or more employees nationally, with their principal place of business located within Jersey City, to include a good faith salary or wage range and benefits within job postings and advertisements. Review TriNet's communication on the topic.
New York City
Effective November 1, 2022, Companies with four or more workers nationally, including both employees and independent contractors, with at least one worker currently or potentially working in New York City must include a minimum and maximum hourly or salary range in job postings. Review TriNet’s communication on the topic.
Rhode Island
Rhode Island passed An Act Relating to Labor and Labor Relations - Fair Employment Practices (the “Act”) which amends its pay equity law to include additional protected classes for the prevention of disparate pay practices, among other significant requirements.
Employers Impacted: Employers with one or more employees performing work in Rhode Island. Effective Date: January 1, 2023
Suggested Actions: Review, and if necessary, prepare to amend job advertisements, employment applications, interview guides and related hiring documents and procedures to help ensure you comply.
- Confirm documents and procedures leave out wage history questions before an offer with compensation details has been extended.
Review TriNet’s communication for additional suggested actions on the topic.
San Francisco
The San Francisco Fair Chance Ordinance (FCO) requires employers to follow strict rules regarding applicants’ and employees’ arrest and conviction records and related information. Employers with 5 or more total employees worldwide and San Francisco City contractors, subcontractors, and leaseholders, of any size are covered by the FCO.
For any position where the employee will work at least eight hours per week in San Francisco, the employer must state in all job postings that qualified applicants with arrest and conviction records will be considered for the position in accordance with the FCO. Suggested language: “Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.”
See San Francisco's Office of Labor Standards Enforcement (OLSE) Website for additional information.
Washington
Effective January 1, 2023, Washington Senate Bill 5761 (SB 5761) amends the Equal Pay and Opportunities Act (the “Act”) to expand existing disclosure requirements of compensation and benefits information for external applicants for employment.
Employers Impacted: Washington employers with 15 or more employees nationally.
Effective Date: January 1, 2023.
Suggested Actions: Review procedures and documents for hiring, promotions or transfers, including internal and external job postings, to help ensure compliance.
- External job postings should include a good faith minimum and maximum hourly or salary range as well as a description of all benefits or compensation to be offered within the role.
- Prepare to disclose such information for all new positions posted on or after January 1, 2023, and for positions posted prior to that date but that are still open on that date.
- For internal job postings, be prepared to provide additional specific salary range information upon request if you previously defaulted to providing the minimum wage or salary amount.
- Related documents, such as but not limited to job descriptions, compensation matrixes, hiring standards and similar items, should be aligned to the salary ranges that are advertised or provided, where applicable.
Review TriNet’s communication for additional suggested actions on the topic.