Job Posting Wage Transparency for All US?? Maybe…

There is a proposed bill introduced in the US Congress, H.R.1599 – Salary Transparency Act, if passed, would require all job postings to include a wage or salary range, which is defined as the range of compensation the employer expects to offer in good faith. This requirement applies to both internal and external job postings. Employers can determine the wage range using various methods, such as referencing applicable pay scales, previously determined ranges, the range for current equivalent positions, or the budgeted amount for the role.

The bill also mandates that employers provide the wage range to applicants before discussing compensation and upon request. Additionally, existing employees would have the right to obtain the wage range for their position at any time and would receive this information at the time of hire and annually thereafter.

The bill prohibits employers from retaliating against applicants or employees who exercise their rights under this law. Violations could result in civil penalties starting at $5,000 for the first violation, with increasing penalties for subsequent violations, capped at $10,000 per violation.

H.R. 1599 would also establish a private right of action, allowing applicants and employees to sue for damages ranging from $1,000 to $10,000, or actual damages, whichever is greater, along with attorney’s fees and injunctive relief. Lawsuits could be filed in any federal or state court, either individually or on behalf of others in similar situations.

[Update August 2024 – HR 1599 remains as “Introduced”]

Reference Date is Aug 3, 2023. [Open Source]