What Are The New Wage Transparency Laws In The DMV?
The District of Columbia and the State of Maryland have both enacted wage transparency laws that are effective this year, June 30, 2024 for the District and October 1, 2024 for Maryland.
Under the new District of Columbia law, employers with at least one employee in Washington, DC must disclose the pay ranges in the job posting and the existence of healthcare benefits before the first interview. The law also prohibits employers from requiring prospective employees from disclosing their current wage history in order to interview or continue with the interview process. Employers are also prohibited from disciplining or otherwise retaliating against any employee who discusses their compensation with another employee. Employers are required to post a notice in its workplace notifying employees of their rights under the new law. If an employer fails to comply with the new law, civil fines may be imposed and the DC Attorney General does have the power to investigate violations and take its own actions, and impose its own penalties.
Under the new Maryland law, Maryland employers are required to disclose in each public or internal job posting the minimum and maximum salary or hourly rate as well as any other compensation offered for the position. This wage transparency disclosure requirement is applicable to positions that will be physically performed in at least part of the State of Maryland. Again, the employer cannot retaliate against any prospective employee or employee because the applicant or employee did not provide any wage history, requested a copy of the wage range or exercised any rights under the law. Employers who violate the law may be subject to civil penalties, which increase for each violation or due to the gravity of the violation or the size of the employer’s business.
The Virginia legislature passed its own Pay Transparency Law, but Governor Younkin vetoed the proposed law this past spring.
Before posting a job opening, be certain to consult with your HR team or your other advisors regarding the status and implementation of these new laws.
The material on this website is not offered as legal advice on any matter and should not be used as a substitute for seeking professional legal advice.