Pay transparency requirements are expanding rapidly across the United States, pushing compensation strategy out of the back office and into the earliest stages of recruiting. In 2026, both Maine and Virginia enacted new laws that require employers to share pay ranges in job postings and, depending on the state, create additional obligations such as responding to employee requests, retaining pay-history records, and limiting the use of salary history during hiring. For employers, the headline is straightforward: job postings (including those managed by third parties) must be built on defensible pay ranges, and recruiting teams must be trained to avoid missteps that can lead to complaints, penalties, or litigation.
In April 2026, Maine enacted LD 54, “An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees’ Pay Histories,” codified at 26 M.R.S.A. § 622-A. The law adds three core obligations: (1) include a prospective pay range in job postings, (2) disclose the pay range to current employees upon request, and (3) maintain records of positions held and pay history.
This law takes effect July 29, 2026 and applies to employers with 10 or more employees. The statute does not clearly spell out whether the 10-employee threshold is measured only by employees in Maine or by total company headcount, so multi-state employers may want to take a conservative approach until guidance develops.
Maine requires covered employers to ensure that any job posting includes a statement listing the prospective range of pay the employer will offer to a successful applicant. The statute defines a posting broadly as any solicitation intended to recruit applicants for a specific available position, whether made electronically or in print, by the employer directly or through a third party.
“Range of pay” means the range the employer anticipates relying on when setting wages for the position, which may be based on an applicable pay scale, a previously determined range, the actual range paid to incumbents in equivalent roles, or the budgeted amount for the position.
Commission-only roles: The statutory definition excludes compensation based solely on commission; for a position compensated solely by commission, the posting must indicate that compensation is commission-only.
Beyond postings, Maine’s law requires employers to provide transparency internally. Upon request of an employee, an employer must disclose the range of pay it offers for the position the employee holds. Employers must also maintain records of each position held by an employee and the employee’s pay history in each position during employment and for three years after termination.
Also in April 2026, Virginia enacted companion bills HB 636 and SB 215 that (1) require pay information in job postings and (2) prohibit employers from seeking or relying on an applicant’s wage or salary history in most circumstances. The law also includes anti-retaliation protections and a framework for enforcement that employers should factor into recruiting workflows.
Virginia’s law requires employers to disclose the wage, salary, or wage/salary range in each public and internal posting for a job, promotion, transfer, or other employment opportunity. The law defines a wage/salary range as the minimum and maximum wage or salary for the role, set by reference to a pay scale, a previously determined range, the actual range for incumbents in equivalent positions, or the amount budgeted. Employers must set ranges in good faith, and the breadth of the range is a consideration in evaluating good faith.
Employers are prohibited from seeking an applicant’s wage or salary history and from relying on that history when considering the person for employment or setting starting compensation. Employers may rely on wage/salary history only in limited circumstances where the applicant voluntarily discloses it or to confirm the wage or salary history, but only to support a higher offer, subject to pay equity constraints.
The law also prohibits refusing to interview, hire, employ, or promote, or otherwise retaliating, because an individual did not provide salary history or requested pay-range information.
Virginia’s new requirements take effect on July 1, 2026 and do not include an employer size threshold. Enforcement features are notable and include civil penalties that escalate for repeat violations. The law also provides a path for applicants or employees to pursue relief. For certain job-posting violations, employers may have an opportunity to cure (correct) deficient postings within a short window after receiving written notice before a claim proceeds.
Inventory postings and templates: Identify every channel where your organization posts jobs (career site, ATS, social platforms, staffing firms, and job boards) and ensure the pay-range field is mandatory for Maine- and Virginia-covered postings. For commission-only roles in Maine, confirm postings clearly state commission-only compensation.
Build defensible ranges: Document how each range was set (pay scale, incumbents, budgeted amount, market data) so you can demonstrate “good faith” if challenged.
Update recruiter and manager scripts: Remove any questions or informal prompts about prior pay. Train teams on what to do if an applicant volunteers salary history.
Align internal mobility processes: For Virginia, ensure postings for promotions/transfers include ranges and that employees can access them through internal systems. Consider adopting a similar, proactive approach in Maine and in other states where employers must provide salary range information to employees upon request.
Create an employee-request workflow: If you decide not to adopt a uniform posting position, decide who receives requests for salary range information, the turnaround time, and what will be provided as the “range of pay” for the role.
Implement record retention: Ensure HRIS or payroll systems can retain position history and pay history for the specific post-termination period required in Maine. As a best practice, regularly re-evaluate recordkeeping practices across all jurisdictions with pay transparency requirements.
Pay transparency compliance is no longer just a job-ad formatting exercise, it is an operational discipline that ties together compensation architecture, recruiting practices, internal mobility, and recordkeeping. Employers operating in (or recruiting into) Maine and Virginia should treat summer 2026 as a firm deadline to standardize pay ranges, tighten job posting requirements, and ensure any third-party services are aligned with the new posting rules.