John Stewart
June 26, 2026
What Pay Transparency Means for You
Starting July 1, 2026, Virginia’s new pay transparency law takes effect, under Virginia Code § 40.1-28.7:12. This new law aims to level the playing field during the hiring process, putting workers in a better position to be hired at a fair wage.
With these new rules, employers must be open about what a job pays. Instead of guessing or negotiating in the dark, you can see a salary range upfront. That simple change can make a big difference.
For many workers, especially in trades, construction, and service jobs, pay often depends on negotiation. But not everyone has the same bargaining power. Some workers may accept lower pay because they don’t know the typical range. Others may feel pressured to take the first offer.
With the new pay transparency law, Virginia employers must share pay ranges upfront, disclosing the wage or salary offered (or the range of wage or salary offered) on any job posting. That rule applies to both public and internal postings. That helps you make informed choices even before you apply or accept an offer.
In addition, the pay transparency law requires the posted wage or salary range to be set in “good faith.” That means an employer cannot intentionally hide the pay for a job by quoting a range that is unreasonably broad. This approach gives workers a clearer picture of the job they’re applying for and negotiate their starting pay without one hand tied behind their back.
Pay transparency also helps reduce unfair pay gaps. When pay ranges stay hidden, differences can grow over time. Transparency helps workers compare wages and spot problems early.
The New Salary History Ban – It’s Illegal for You to Ask Me That
The new law also includes a salary history ban. That means employers cannot ask about your past pay during hiring. The new law also prohibits retaliating or discriminating against applicants who refuse to provide their pay history. Employers who fail to follow this new rule may be subject to civil penalties of up to $1,000 for a first-time violation and $5,000 for each subsequent violation.
At first, the new ban on salary history questions might not seem like a big deal. But it matters a lot over time.
When employers rely on your past salary, they often base new offers on what you used to make. If you were underpaid before, that low pay can follow you from job to job. It creates a cycle of low pay that is hard to break.
A salary history ban stops that cycle. Employers must focus on what the job is worth today, not what you earned in the past.
This change benefits workers in several ways:
- It gives you a fresh starting point at each new job;
- It helps close long-standing wage gaps;
- It puts more focus on the skills you bring to the table, not your past pay.
For workers who have changed industries, gained new skills, or returned to the workforce, this rule can make a huge difference in their starting salary.
Your Rights Under Virginia’s New Law
Virginia’s new pay transparency law gives you several key rights. Here are the most important ones to understand:
1. The Right to Know Pay Ranges
Employers must provide a wage or salary range for available positions. In many cases, they must include this information in job postings or share it early in the hiring process.
This requirement helps you decide whether a job meets your needs before you invest time in applying or interviewing.
2. Protection from Salary History Questions
Employers cannot ask you about your past wages. They also cannot rely on that information when deciding what to pay you.
You have the right to refuse to answer any questions about your previous pay. An employer cannot punish you for that choice.
3. Protection Against Retaliation
The law protects workers who exercise their rights. If you ask about pay ranges or refuse to share salary history, your employer cannot retaliate against you.
Retaliation can include actions like firing, reducing hours, or denying opportunities. If an employer takes negative action because you used your rights, that may violate the law.
How the Law Gets Enforced
A law only works if it has real consequences. Virginia’s pay transparency act includes enforcement options to protect workers.
Potential Penalties for Employers
Employers who break the law may face civil penalties. The amount can depend on the number and seriousness of the violations.
These penalties encourage businesses to follow the rules and treat workers fairly.
Legal Action
If you believe an employer violated the law, you can file a complaint with the Virginia Department of Labor and Industry. This agency can investigate and take action when needed.
In some cases, workers may have the option to take legal action. This can include recovering damages if an employer’s conduct caused harm.
A labor and employment attorney can help you understand your options and guide you through the process.
Take the Next Step
As July 1, 2026, approaches, now is a good time to get familiar with your rights. When looking for a job, look for posted pay ranges. And if a Virginia employer asks about your salary history, know your rights to refuse that information under Virginia law.
With its new pay transparency law, Virginia puts more power in workers’ hands. When workers know their worth, they can demand fair pay—and build a stronger future. Locally, both Maryland and the District of Columbia have pay transparency laws. They join jurisdictions across the country, including the states of California and Washington, and New York City.
You do not have to navigate these issues alone. MSE’s knowledgeable labor and employment attorneys can help you understand your rights and take action if needed. If you think a potential employer has violated Virginia’s new law, contact MSE at [email protected].
