Did you know that 13 Canadian laws regarding pay transparency have been passed between 2004 and 2016? Designed to protect the rights of workers and enable them to ask about the salaries of co-workers, researchers found that these laws were associated with a 2% drop in wages across the board.
Ultimately, the authors of this study attributed their findings to a decrease in bargaining power on the part of applicants during the hiring process. But how is this possible? Shouldn’t pay transparency laws favor job applicants and prioritize equality among employees?
In theory, yes — this is true. However, while the concept of pay transparency is that it grants workers with more power when it comes to renegotiating pay and lowering pay discrepancies, it often shifts the bargaining power to the employers instead. According to the researchers of the aforementioned study, wages typically end up being more equal, but the main issue is that the average pay rate is also lower.
Differences in pay transparency laws across the U.S.
Now that we’ve covered trends regarding pay transparency laws in Canada, let’s take a look at five states and what pay transparency laws say in each location.
California
In California, employers are deterred from asking job applicants about pay history. This means you cannot inquire about the current or former salaries and pay rates of people you’re thinking about hiring.
Colorado
As of 2021, Colorado became the first state to require pay transparency. Something known as promotion transparency also exists in the state of Colorado, and it essentially requires employers to make everyone aware of work-related opportunities, like promotions and advancements.
Hawaii
Hawaii’s pay transparency law only applies to organizations that employ more than 50 people.
Illinois
Illinois has a pay transparency law that is set to go into effect in 2025. At that time, employers with 15 workers or more will be required to provide a general description of workplace benefits in their total compensation statement. These details must include bonuses, stock options and other financial incentives.
New York
In New York City, the state’s pay transparency law applies to nearly every employer. Only those with fewer than four employees are exempt. Furthermore, employers who violate the pay transparency law could face fines upward of $250,000.
Data has shown that a mere 58% of job ads posted for work based in New York City within the first two months of the law being enforced included pay ranges. The New York City transparency law went into effect in November 2022, and companies looking to hire employees are obligated to disclose a minimum and maximum salary range for both internal promotions and transfer opportunities.
However, bonuses, tips and paid time off do not have to be included in job descriptions. The law covers office-based work, fieldwork and remote work from an employee’s home for jobs performed within the city.
To an extent, these new pay transparency regulations are supposed to let job applicants know which companies and positions pay more as well as which ones pay less. In theory, this might lead to more efficient matching between job-seekers and employers.
Questions to ask yourself about pay transparency laws
When it comes to pay transparency laws, you should ask yourself how they will affect you. For instance, do you work in an industry with unpredictable pay rates?
Similarly, do you find it hard to keep your compensation offers competitive compared to other companies in your industry? Overall, experts suggest using a benchmark, implementing a solid core strategy and developing an understanding of market trends.
But what should you do if you have employees who know they are being paid differently from one another? As you can imagine, this dynamic can result in tension among team members, with those receiving less compensation left to feel undervalued and unappreciated.
It can also call major issues into question. That’s why your compensation strategy not only needs to cultivate equity, but it must also address favoritism and biases in the hiring process.
How to ensure compliance with your state’s pay transparency policies
Research current pay transparency laws to see how they could affect your company. Conduct market research on pay ranges for each position.
Look at businesses that operate in the same industry as you to ensure that you are offering competitive pay ranges. Evaluate any existing pay transparency regulations and make sure you’re in compliance. This may require you to adjust your salary, offer more benefits, set up bonus structures or incorporate other forms of compensation.
All in all, employers should pay attention to transparency laws and regulations, both those that already exist and those that are soon to go into effect. With a well-thought-out compensation strategy, you can establish a solid foundation that prioritizes pay transparency laws and policies.
© YC Partners 2025