A law requiring employers in Virginia to disclose the wage or salary range for a position when posting job advertisements went into effect on July 1. According to the Virginia Department of Labor and Industries (DOLI), the new law mandates that employers disclose the wage, salary, or wage and salary range for the position in all public and internal job postings.
Therefore, even when posting job advertisements in newspapers or online media, the compensation level for the position must be specified. This involves presenting the hourly wage range for part-time jobs and the annual salary range for full-time positions. The wage and salary range defined by the law refers to the minimum and maximum amounts for the position. For example, it can be indicated as “$18 to $22 per hour” for part-time employees and “$50,000 to $60,000 per year” for full-time employees.
Virginia law §40.1-28.7:12(B)(5) mandates that employers disclose the wage, salary, or wage and salary range for the position in public and internal postings regarding each job, promotion, transfer, or other employment opportunity. This provision does not specify separate restrictions based on business size, such as “employers with a minimum number of employees.” The Virginia Department of Labor and Industry also advises that all job postings and recruitment advertisements in Virginia must include wage or salary ranges. Accordingly, it is interpreted that small businesses employing two or three people—such as laundromats, delis, Korean restaurants, and cleaning companies—must also indicate wage or salary ranges when posting job advertisements.
Attorney Park Sang-geun stated, “This law applies not only to micro-enterprises but also to non-profit organizations, including churches,” adding, “When posting a job advertisement, you must disclose the hourly wage or annual salary.”
This law goes beyond simply disclosing wages; it also restricts employers from requesting a job applicant’s past wage or salary history or using this information for hiring and salary determination. Furthermore, it is prohibited to penalize a job applicant during interviews or hiring simply because they requested their wage or salary range. Attorney Park stated, “Employers cannot ask job applicants how much they were paid at their previous jobs,” adding, “However, job applicants are permitted to voluntarily disclose the salary they received from their previous workplaces.”
If the law is violated, the Virginia Attorney General can enforce it through civil litigation, and civil fines of up to $1,000 may be imposed for the first violation and up to $5,000 for subsequent violations. Job applicants or workers who have suffered damages can also file lawsuits in court. However, regarding violations related to the disclosure of wage and salary ranges in job postings, the law stipulates that employers must first be given an opportunity to rectify the situation. According to the law, if an employer who receives written notification of the issue with the posting corrects it at the location where the original posting was posted within 15 business days, no lawsuit can be filed regarding that violation. This measure follows the implementation in Virginia, which has already mandated the disclosure of wage ranges starting in October 2024. Maryland also requires the disclosure of wage ranges in various forms of job postings, including newspaper ads, flyers, social media, and email. The Virginia Department of Labor and Industry advises that “starting July 1, 2026, all job postings and recruitment advertisements in Virginia must include the wage or salary range for the relevant position.”