Virginia, Maine, Delaware Expand Pay Transparency, Ban Salary History
Three states enacted new laws mandating pay range disclosure and banning salary history inquiries.
Why it matters: Legal and HR teams must update hiring, recordkeeping, and pay practices to avoid enforcement and penalties. Noncompliance can expose employers to fines and litigation, especially when remote hiring spans state lines.
- Virginia’s law starts July 1, 2026, banning salary history checks and requiring pay ranges in job postings.
- Maine’s law applies July 29, 2026, to employers with 10+ staff, mandating pay ranges in postings and record retention for three years post-exit.
- Delaware’s law is effective September 2027, covering employers with 25+ staff; it requires postings to list pay ranges and benefits.
- Employers hiring across state lines face a patchwork of rules and increased audit risks.
Virginia, Maine, and Delaware are joining a wave of states enacting pay transparency and salary history ban laws, creating new compliance mandates for employers.
- Virginia (July 1, 2026): Employers are prohibited from asking for or using a candidate’s wage history and must disclose wage ranges in all job postings, both public and internal. This applies to all employers in the state.
- Maine (July 29, 2026): Applies to employers with 10 or more employees. Job postings must include the wage or salary range and employers are required to share pay range information with current staff upon request. Employers must retain pay history documents for three years after an employee departs. Read more.
- Delaware (September 2027): Employers with more than 25 staff must disclose pay ranges and a description of benefits in all job postings. Applies to all postings, not just external ones.
For employers managing remote or multistate hiring, these differing thresholds and compliance dates complicate operations. Policies and job descriptions must be tailored for each jurisdiction, with updated documentation and training for both hiring managers and recruiters.
Enforcement mechanisms and penalties for violations differ between states, generally including civil fines and potential administrative investigations, making early planning critical for risk mitigation (National Law Review).
By the numbers:
- July 1, 2026 — Virginia law effective date for pay range disclosure and ban on salary history.
- July 29, 2026 — Maine law takes effect for employers with 10+ staff.
- September 2027 — Delaware’s 25+ employee law adds pay and benefits posting.
Yes, but: Penalties and enforcement specifics vary state to state, and remote or multistate employers may need to comply with the most stringent applicable law to avoid risk.
What's next: Employers should audit job postings, update policies, and train HR staff well before effective dates to minimize liability.