As we close out on the first quarter of 2023, we have already seen over 10 states propose some sort of pay transparency legislation. However, we have also seen some states halt their pay transparency proposals.
Maine
On March 2, 2023, the State Legislature of Maine proposed LD 936. If passed, it would require employers with 10 or more employees to include the salary range in all job postings. The proposed bill is not clear on whether the 10 employees have to all be in Maine for employers to be required to comply. In addition, if an employer has fewer than 10 employees, they would be required to disclose salary ranges to candidates during the interview process if the candidate requests it. This law would also require employers to provide current employees with their own salary range, if requested.
Similar to California’s law, Maine would also require employers to keep a record of each role and the payment history of each employee for the duration of their employment and for three years after they leave the organization.
Pennsylvania
On March 13, 2023, the General Assembly of Pennsylvania proposed HB356. If passed, this bill would require employers with 15 or more employees to include the salary range in all job postings. The proposed bill is not clear on whether the 15 employees have to be in Pennsylvania for employers to be required to comply.
Additionally, if passed, employers would be required to provide current employees with the salary range for their current role in writing and the salary range for jobs within the employer’s business that are substantially similar to the skill, effort, and responsibility required to perform their job, and the conditions under which those jobs are performed. This is a very different requirement from what we’ve seen in other enacted and proposed pay transparency laws. If passed, it seems that Pennsylvania will take pay transparency one step further by allowing current employees to see the salary ranges for jobs that are similar to theirs.
Take note: If Pennsylvania passes this law, employers will have only 60 days to comply.
In case you missed it:
- Montana’s pay transparency legislation had a good run, but the bill died in committee earlier this month. While the bill will not be passed this session, we will keep track to see if it gets reintroduced in a subsequent session.
- West Virginia’s salary history ban legislation also failed before it could get passed. We will keep a close eye to see if this bill gets reintroduced next session.
Payscale’s pay transparency solution
At Payscale, we believe in helping our customers approach pay transparency with confidence. We do this by:
- Understanding their competitive landscape and determining a strong data strategy
- Evaluating current employee pay against the market to ensure competitive and fair compensation across the organization
- Implementing standardized and scalable practices with job architectures and salary ranges
- Providing an added layer of confidence to pay transparency practices by offering technology and resources focused on pay equity analysis, job description management, compensation planning, and effective communications about pay
Learn more about how Payscale can help your organization achieve pay transparency.
Want to learn more from our experts?
- Check out the most recent episode of our pay legislation webinar series. Join Payscale’s Chief Product Evangelist Ruth Thomas and Senior Corporate Attorney–Employment Lulu Seikaly as they discuss how to infuse transparency into your salary ranges.
