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Virginia Pay Transparency Law

By Jackie Esposito posted 5 hours ago

  

Virginia’s new Pay Transparency Law took effect on July 1, 2026, and applies to employers with one or more employees in Virginia. Employers should be aware of the following requirements and begin implementation as soon as possible. 

Job Posting Requirements 

Beginning July 1, 2026, covered employers must include compensation information in all new job postings for positions covered by the law. Compensation may be stated as a wage, salary, or salary range. 

Applicable public and internal postings 

The law applies to both external and internal employment opportunities: 

  • Public (external) postings include: 

  • Job advertisements on your careers page 

  • Job boards such as Indeed or LinkedIn 

  • Recruitment emails 

  • Printed advertisements 

  • Other job announcements available to external candidates 

  • Internal postings include: 

  • Promotions 

  • Transfers 

  • Other employment opportunities communicated to current employees (e.g., intranet postings, internal emails, internal job boards) 

All such postings must include a good‑faith wage or salary range. 

What is a “good‑faith wage or salary range”? 

A good‑faith wage or salary range is the compensation range that the employer genuinely expects to pay for the position at the time the job is posted. The range should be reasonably narrow and supported by legitimate compensation information, rather than being arbitrarily broad. 

Virginia guidance indicates that a good‑faith range may be based on: 

  • The organization’s existing pay grade or salary structure 

  • A range previously established for the position 

  • Compensation paid to employees in comparable roles 

  • The amount budgeted for the position 

Salary History Restrictions 

Employers are prohibited from: 

  • Asking applicants to provide their current or prior compensation 

  • Requesting salary history from a former employer 

  • Obtaining pay history through a third‑party source 

  • Relying on prior compensation when making hiring or compensation decisions 

An exception exists if an applicant voluntarily discloses compensation history without prompting. In that case, the information may be considered only to support a higher compensation offer and only to the extent consistent with applicable equal pay requirements. 

Suggested Compliance Steps

The following is not legal advice, but helpful information about practical steps that typically support compliance: 

  • Job postings 

  • Update all Virginia‑related job postings created on or after July 1, 2026, to include a good‑faith wage or salary range. 

  • Ensure that postings prepared by any third‑party platforms or vendors for Virginia‑based or Virginia‑reporting roles also include the appropriate range. 

  • Internal opportunities 

  • Update internal postings for promotions, transfers, and other opportunities accessible to Virginia employees to include a good‑faith range. 

  • Applications and systems 

  • Review employment applications and remove any questions requesting current or prior compensation, including those embedded in the Applicant Tracking System (ATS). 

  • Confirm that any background‑check or screening vendors are not collecting salary history on your behalf. 

  • Interviewing and recruiting processes 

  • Update interview guides and recruiter instructions to prohibit salary history inquiries. 

  • Provide clear scripts or FAQs addressing how to respond when candidates ask how their offer will be determined (e.g., reliance on internal ranges, skills, experience, and market data rather than prior pay). 

  • Third‑party recruiters / staffing partners 

  • Notify external recruiters and staffing agencies of Virginia’s requirements. 

  • Include language in engagement letters or service agreements requiring compliance with Virginia pay transparency and salary history rules. 

  • Training and documentation 

  • Train hiring managers, HR staff, and recruiters on: 

  • When wage ranges must be disclosed 

  • How to determine and document a good‑faith range 

  • Prohibited salary‑history questions and practices 

  • Maintain documentation supporting the posted ranges (e.g., pay structures, market data, budget approvals). 

Penalties and Enforcement 

  • The Virginia Attorney General may seek civil penalties of: 

  • Up to $1,000 for a first violation, and 

  • Up to $5,000 for each subsequent violation. 

  • Violations of wage transparency or salary history protections may also expose employers to private civil actions by applicants or employees. 

The statute and related guidance indicate that, in many cases, employers are given an opportunity to correct a job posting that is missing required pay information after receiving written notice.  

Catapult is here to support you as you implement these changes. 

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