Starting July 1, 2026, Virginia employers will be required to include wage or salary range in public job postings and in internal postings for jobs, promotions, transfers, or other employment opportunities.
This requirement is part of Virginia’s new pay transparency law, which requires disclosures about compensation and prohibits employers from relying on a prospective employee’s wage or salary history to make employment decisions or set compensation.
In addition to the posting requirement, the new law prohibits Virginia employers from seeking the wage or salary history of a prospective employee; relying on wage or salary history when considering a prospective employee for employment; relying on wage or salary history when determining a prospective employee’s compensation upon hire; or refusing to interview, hire, employ, or promote, or otherwise retaliating against, a prospective or current employee for not providing wage or salary history.
Considerations for Job Postings
Effective July 1, 2026, Virginia employers should avoid job postings that omit the wage, salary, or wage or salary range for the position. Because the new law also applies to internal job postings, employers will need to include the wage, salary, or wage or salary range for the position in postings for promotions, transfers, and other internal opportunities.
Before posting any new position, employers may consider whether existing employees may inquire about their compensation relative to the wage, salary, or range specified in external or internal postings for equivalent or similar positions. Employers may plan now for any such inquiries.
Employers should consider reviewing templates used for job postings, auditing wage or salary ranges for current and anticipated openings, training hiring managers and recruiters to avoid requesting and relying on wage or salary histories, and planning for employee questions about compensation.
Good Faith
In addition, the statute also requires employers to set wage or salary ranges in good faith.
Penalties and Available Actions
The new law permits prospective or existing employees to bring an action against their employer to recover actual damages, along with any other legal and equitable relief, for violations of the law. Employees must bring any such action within one year after accrual of any claim. In addition, the law authorizes the imposition of fines on employers in amounts up to $1,000 for the first violation of the statute and up to $5,000 for any subsequent violation.
Narrow Exception
The new law does not prohibit a prospective employee from voluntarily disclosing wage or salary history without employer prompting, but if a prospective employee discloses such information, the employer may use it only to offer compensation higher than the employer’s initial offer.
In short, Virginia employers should begin preparing now to ensure that both external and internal job postings include good-faith wage or salary ranges and that hiring practices align with the new restrictions on compensation history.
Brendan F. Cassidy is an attorney at Praemia Law, PLLC. This article is for general informational purposes only and should not be relied upon or regarded as legal advice. Please contact Brendan Cassidy at brendan.cassidy@praemialaw.com or 703-399-3603 concerning particular facts and circumstances.