Is your job posting legal?

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Ask an HR Expert

Q: We’ve been asked if it’s illegal not to include salary ranges in job postings because it violates pay secrecy laws. I don’t think it is, but now I’m second guessing. Is it?

A: Unless you’re an employer who is posting roles for cities and states like NYC, Colorado, and Washington, probably not.  

We’ve seen a new wave of laws in recent years focused on salary transparency. These laws mandate that salary ranges are disclosed in job postings for roles in specific locations, with the intention of promoting fairness in hiring and empowering candidates to make informed decisions about job opportunities.  

Outside of these specific locations, there is no legal requirement to post salaries in all job descriptions — and it’s certainly not illegal nationwide.  

The National Labor Relations Act (NLRA) grants most employees the right to discuss their wages openly — even in workplaces that aren’t unionized. That means employers can’t legally prevent employees from sharing salary information (as it pertains to the terms and conditions of their employment).

However, this ban on pay secrecy is different from the salary transparency trend!  

As you consider your approach to salary disclosure, it’s essential to stay informed about both local laws and industry best practices. Beyond the legal requirements, embracing salary transparency can provide a strategic advantage in attracting top talent. Candidates increasingly prioritize transparency in the job search, viewing it as a reflection of an employer’s commitment to fairness and equity.  

Companies that proactively disclose salary ranges may enhance their brand as an employer, and attract candidates who value transparency in the workplace.  

Do you need more HR support? Boly:Welch HR Consulting can help your team go farther with budget-friendly human resources consulting, tailored for your success.

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