Maine and Virginia Enact New Pay Transparency Laws

Maine has passed a new pay transparency law (LD 54) that will require companies to include pay ranges in job postings and maintain detailed pay history records. Additionally, Virginia has passed SB215/HB636, imposing new wage disclosure obligations and limiting the use of salary history in employment decisions. This brings Maine and Virginia in line with other states like California, New York, and Massachusetts that have already implemented similar requirements.

Maine’s New Pay Transparency Law (LD 54)

Beginning July 13, 2026, all companies with 10 or more workers must comply with the following obligations. Notably, the law does not clarify whether the 10-worker minimum threshold applies only to workers located in Maine or to the company’s total workforce.

• Include a prospective range of pay in all job postings (printed or electronic) posted by a company directly or through a third party that are open to applicants in the state of Maine,
• Provide the pay range for a Maine worker’s current position upon request,
• Maintain records of each worker’s pay history and position held during their service and for three years after separation.

The prospective “range of pay” refers to the forward‑looking compensation the company expects to use when setting wages for a position. This may include but is not limited to:

• An established pay scale the company uses for the role,
• A previously determined wage range assigned to the position,
• The actual wages of workers currently in equivalent positions,
• The budgeted compensation amount allocated for the position

The range of pay excludes compensation that is based solely on commission. While positions paid solely by commission are exempt from range disclosure, postings must clearly state that compensation is commission-only.

If the role is open remotely to anyone within the US, the job posting must have the pay range listed or specifically notate that the role is not available to candidates in the locations that have pay transparency requirements.

Maine has already allocated funding for a dedicated Department of Labor inspector to enforce these rules, so we can expect strict compliance oversight.

Virginia’s New Pay Transparency and Salary History Law (SB 215/HB 636)

Virginia’s wage transparency and salary history law takes effect July 1, 2026. While Maine focuses heavily on recordkeeping and worker access to pay ranges, Virginia’s law emphasizes salary‑history restrictions, mandatory pay ranges in job postings, and penalties for noncompliance. All businesses hiring in Virginia must comply with the following requirements.

• Disclose the wage or salary range in every public and internal job posting, including postings for new hires, promotions, and transfers,

• Businesses are prohibited from asking about a worker’s current or past wages, relying on salary history when deciding whether to interview, hire, or promote, or using salary history to set starting pay unless the worker voluntarily discloses it after an initial offer,
• Businesses may not retaliate against a worker or applicant for refusing to provide salary history or for requesting the pay range for a position.

Similar to Maine’s requirement, the wage ranges must be set in “good faith”, meaning that it is determined by at least one legitimate factor such as an existing pay scale, a previously determined range for the role, the actual pay range for current workers in comparable positions, or the budgeted amount for the position. Ranges that are excessively broad will be subject to high scrutiny in meeting this good faith factor.

If the role is open remotely to anyone within the US, the job posting must have the pay range listed or specifically note that the role is not available to candidates in the locations that have pay transparency requirements.

Actions under this law may be brought by the Attorney General or by a prospective worker who believes their rights were violated. A business that violates the requirements may face civil penalties of up to $1,000 for a first offense and $5,000 for later violations. Claims must be filed within one year, and successful workers may recover actual damages along with any other relief a court finds appropriate.

Businesses have a 15‑day window to fix issues involving (1) missing wage or salary ranges in a posting or (2) failing to set the range in good faith. Any person (not just a prospective worker) may send written notice of non‑compliance. If the company corrects the posting within the cure period, it is protected from enforcement for that specific issue. Once notice is given, it remains valid for the entire duration of the posting, and a prospective worker can rely on someone else’s notice to meet the cure requirement before filing a claim.

How to Prepare and How TCWGlobal Can Help

As more states adopt pay transparency laws, it’s increasingly important for businesses to keep their protocols current and consistent across jurisdictions. Once these laws take effect, companies will need to ensure that all job postings include compliant pay ranges and that they are equipped to respond to worker requests for pay range information. Without strong internal processes in place beforehand, these requests, especially in high volume, can quickly become overwhelming. Combined with strict recordkeeping requirements and salary-history limitations, the administrative burden can be significant.

Navigating evolving employment laws can be particularly challenging for organizations with workforces spread across multiple states or operating internationally. This is where TCWGlobal’s services become invaluable. As a full-service Employer of Record, TCWGlobal supports businesses not only with payrolling and staffing, but also by managing compliance with state-specific requirements ahead of key deadlines.

For more information on pay transparency laws across the United States, check out our Pay Transparency Regulations by State Chart.