The legislative lowdown: February 2025

February may be the shortest month, but lawmakers have not held back on proposing pay transparency legislation.

Here are the updates we’ve already seen in February:

New York

While New York state passed a pay transparency bill back in 2023, lawmakers proposed amendments to take pay transparency to the next level.

If passed, A5906 would require employers to do the following:

• Job postings must include a 𝗴𝗲𝗻𝗲𝗿𝗮𝗹 𝗱𝗲𝘀𝗰𝗿𝗶𝗽𝘁𝗶𝗼𝗻 𝗼𝗳 𝗯𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (think health insurance, PTO, paid family leave) and 𝗻𝗼𝗻-𝘀𝗮𝗹𝗮𝗿𝘆 𝗰𝗼𝗺𝗽𝗲𝗻𝘀𝗮𝘁𝗶𝗼𝗻 (like bonuses, equity, or stock options), in addition to the already-required salary ranges.
• 𝗞𝗲𝗲𝗽 𝘄𝗿𝗶𝘁𝘁𝗲𝗻 𝗿𝗲𝗰𝗼𝗿𝗱𝘀 if they offer a salary outside the posted range, explain why, and hold onto them for at least 𝘁𝗵𝗿𝗲𝗲 𝘆𝗲𝗮𝗿𝘀.
• 𝗣𝗿𝗼𝘃𝗶𝗱𝗲 𝗽𝗮𝘆 𝗿𝗮𝗻𝗴𝗲 𝗶𝗻𝗳𝗼 𝘁𝗼 𝗰𝘂𝗿𝗿𝗲𝗻𝘁 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀—Employees would be entitled to their compensation range and benefits details, not just for their role but also for any 𝘴𝘶𝘣𝘴𝘵𝘢𝘯𝘵𝘪𝘢𝘭𝘭𝘺 𝘴𝘪𝘮𝘪𝘭𝘢𝘳 𝘱𝘰𝘴𝘪𝘵𝘪𝘰𝘯𝘴. This must be shared upon request or at least once a year.
• 𝗖𝗹𝗮𝗿𝗶𝗳𝘆 𝘄𝗵𝗮𝘁 “𝗿𝗮𝗻𝗴𝗲 𝗼𝗳 𝗰𝗼𝗺𝗽𝗲𝗻𝘀𝗮𝘁𝗶𝗼𝗻” 𝗮𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗺𝗲𝗮𝗻𝘀—the minimum and maximum the employer believes to be accurate at the time of posting, based on qualifications, budget, pay scales, and operational considerations.

New York is following in the footsteps of other pay transparency laws to include total compensation transparency in job postings.

Kentucky

Kentucky was one of the last states I would have expected to propose a pay transparency bill, but it became the 10^th state this year to propose a pay transparency law. If passed, HB 362 would require employers to post salary ranges in job postings and a general description of benefits and other compensation.

Pennsylvania

Pennsylvania lawmakers proposed a version of a pay transparency bill we have not seen before. If passed, HB 560 would require employers with 15 or more employees to do the following:

• Provide ranges to candidates offered a new role or internal promotion/transfer
• Disclose a salary minimum if there is no range to provide
• Annually notify current employees of their pay range in writing
• Ensure transparency for jobs that require substantially similar skill, effort, and responsibility

If passed, this law would take effect 60 days after the governor signs it. Unlike other pay transparency laws, the current version of Pennsylvania’s proposed bill does not require “posting salary ranges,” just “providing” them and only providing a minimum in some instances.

West Virginia

West Virginia lawmakers introduced the Katherine Johnson and Dorothy Vaughan Fair Pay Act (HB 2826), named after two brilliant mathematicians who helped launch America into space while battling pay discrimination at work. If passed, this law would require the following:

• Salary ranges and benefits in job postings
• Salary history ban
• Protections for employees to freely discuss pay without fear of retaliation

UPDATE: Virginia

Like last year, Virginia’s proposed pay transparency bill flew through both chambers and is now heading to Governor Youngkin’s desk. As a reminder, if signed, this bill would require employers to do the following:

• Salary history ban
• Must post the salary range for each role (including promotion/transfer)

Violations could cost as much as $1,000-$10,000 in statutory or actual damages, whichever is greater.

But much like last year, this momentum may hit a familiar roadblock — a likely veto. Stay tuned to see if history repeats itself or if Virginia takes a step toward stronger pay transparency protections.

Across the Pond

The Irish government has taken a significant step toward addressing pay inequality by publishing draft legislation to comply with the EU Pay Transparency Directive. This directive aims to close gender pay gaps and ensure fairer wages. Here’s what the proposed law entails and what it means for employers and employees alike.

Key Proposals in the Draft Legislation

1. Salary Transparency in Job Advertisements

One of the most notable changes is the requirement for employers to include salary ranges in job postings. This measure aims to provide candidates with clear expectations regarding pay, reducing the risk of wage disparities from the outset.

2. Ban on Salary History Inquiries

Employers will no longer be allowed to ask candidates about their past salaries. This change prevents historical pay inequalities from following workers throughout their careers, ensuring that compensation is based on the role’s value rather than previous earnings.

3. Mandatory Gender Pay Gap Reporting

Businesses of a certain size will be required to disclose their gender pay gaps publicly. By making this data available, the law highlights disparities and encourages companies to take corrective action.

4. Employee Right to Pay Information

Employees will have the legal right to request salary comparisons for similar roles within their company. This provision empowers workers with greater knowledge of their earning potential and strengthens their ability to challenge potential pay discrimination.

5. Shift in Burden of Proof for Pay Discrimination Claims

Under the new rules, if an employee claims they have been unfairly paid compared to a colleague, it will be up to the employer to prove that no discrimination has occurred. This marks a significant shift in legal responsibility and encourages businesses to maintain transparent and fair pay structures.

Ireland joins EU Member States like Germany, Sweden, Poland, Finland, and the Czech Republic in beginning to determine how they will comply with the June 2026 deadline.

Pay Transparency Cheat Sheet

Here is a list of states that will enact pay transparency legislation in 2025:

🎡 New Jersey➡ June 1, 2025

🍂 Vermont ➡ July 1, 2025

🦞 Massachusetts ➡ October 29, 2025

What does this mean for employers? It’s time to start checking your pay structures (including benchmarking your roles and running pay equity checks), updating your job postings to include those salary ranges, and building trust through transparency with your incumbent employee population.

Here’s a list of pay transparency laws already enacted:

☀ California

🐻 Colorado

🌺 Hawaii

🍕 Illinois

🦀 Maryland

❄ Minnesota

🌃 New York state/NYC

⛰ Washington state

🏛  Washington D.C.

The momentum behind pay transparency laws is stronger than ever. With multiple states and even cities pushing for new regulations, employers must stay ahead of the changes. We’ll continue to monitor these developments and provide updates as they unfold.

Stay tuned!

Get comfortable posting pay ranges in job ads. Check out our webinar to learn how.