Table of Contents
• What Does Virginia’s New Pay Transparency Law Do?
• Can Employers Still Ask About My Salary History?
• When Does This Law Take Effect?
• What This Means for Virginia Job Seekers
• What If a Job Posting Doesn’t Include a Salary Range?
• Contact an Employment Lawyer
Virginia is set to join a growing number of states requiring employers to be upfront about compensation. A new pay transparency law, which has passed the General Assembly and is awaiting the Governor’s signature, will soon require most employers to include salary ranges in all job postings.
This change marks a major shift in the power dynamic for job seekers and employees across the Commonwealth, ending the practice of forcing candidates to name a number first.
What Does Virginia’s New Pay Transparency Law Do?
The law, comprised of Senate Bill 215 and House Bill 636, is direct: employers must disclose the expected compensation or range of compensation for any position advertised to be filled in Virginia. This applies to both internal and external job postings.
This requirement is designed to combat pay discrimination and ensure that all candidates have access to the same critical information at the start of the hiring process. It prevents employers from basing a salary offer on a candidate’s prior wages, a practice that has been shown to perpetuate pay gaps for women and people of color.
Can Employers Still Ask About My Salary History?
No. The same legislation also explicitly prohibits employers from asking candidates about their past or current salary history. They cannot use your prior compensation to screen you or to determine your new salary. This provision is crucial, as it forces employers to pay based on the value of the job, not on what a candidate was paid in the past.
When Does This Law Take Effect?
The exact effective date is pending the Governor’s signature, but it is expected to be in 2026. Employers will have a limited window to prepare for compliance, which involves not just updating job postings but also establishing clear, defensible pay bands for every role.
What This Means for Virginia Job Seekers
For employees and job applicants, this law is a game-changer. It provides you with critical leverage and information:
•No More Guessing: You will know the potential salary for a job before you even apply, allowing you to focus your efforts on opportunities that meet your financial needs.
•Stronger Negotiating Position: With the salary range public, you can negotiate from a position of knowledge, ensuring your offer is in line with what the company has budgeted for the role.
•Reveals Pay Disparities: Once salary ranges are public, current employees will have the benchmarks needed to identify and potentially challenge unfair pay gaps within their own companies.
What If a Job Posting Doesn’t Include a Salary Range?
Once the law is in effect, a job posting without a salary range will be a red flag indicating a potential violation. If you encounter a non-compliant posting, you can and should ask the employer for the range. If they refuse or take adverse action against you for asking, you may have legal recourse.
Contact an Employment Lawyer
Pay transparency laws are a powerful tool for achieving pay equity. If you believe an employer has violated your rights under Virginia’s new pay transparency or salary history ban, you should speak with an experienced employment lawyer.
Contact us today to tell us about your case.
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