In recent years, a growing number of U.S. states have enacted wage transparency laws requiring employers to disclose pay ranges in job postings. These Equal Pay Transparency (EPT) laws aim to address wage disparities by ensuring that applicants have upfront information about compensation. While the specifics of these laws vary by state—including which employers are covered, what kinds of jobs are affected, and what disclosures are required—the trend is unmistakable: wage transparency is becoming a national expectation.
For employers conducting recruitment for labor certification (PERM) applications, this trend has real compliance implications. The Department of Labor (DOL) requires PERM employers to advertise positions in accordance with federal rules. However, if those ads appear in jurisdictions with wage transparency laws, employers must also ensure that their job postings comply with applicable state or local disclosure requirements.
Adding to the complexity, some states assert a “long-arm” jurisdiction—requiring compliance even if the job is not physically located in the state, so long as the employer has operations, employees, or remote managers based there. For example, a remote job posting for a national company may still trigger obligations in California, New York, or Washington if the posting is accessible to job seekers in those jurisdictions.
It is important to note that PERM regulations require at least two Sunday advertisements in a newspaper of general circulation, which must be in print format. If a job ad is subject to state wage transparency laws, those disclosure requirements must still be met even in physical print ads—not just online postings. Therefore, employers must ensure that salary ranges or other required disclosures are included in the print version of the newspaper ad if the position falls under the jurisdiction of a state with Equal Pay Transparency (EPT) laws.
Below is a condensed reference chart of key wage transparency requirements across jurisdictions that currently enforce such laws. This summary is designed to help employers and attorneys flag compliance issues when placing PERM-related recruitment ads.
Condensed Summary of Wage Transparency Laws (as of July 2025)
| State & Coverage | Covered Jobs | Advertising Requirements |
|---|---|---|
| California (Eff. 01/01/2023, Covers: 15+ employees) | Any job potentially performed in CA (on-site or remote) | Must include pay scale (annual/hourly); applies to print ads if used |
| Colorado (Eff. 01/01/2021, Covers: 1+ employees) | Jobs in CO or remote jobs with CO employer | Must include compensation range, bonuses, and benefits; applies to print ads if used |
| Hawaii (Eff. 01/01/2024, Covers: 50+ employees) | Any job (except internal promotions/public jobs) | Salary range or hourly rate required; applies to all job listings including print |
| Illinois (Eff. 01/01/2025, Covers: 15+ employees) | Jobs in IL or reporting to IL location | Pay scale and benefits required in job posting; applies to print ads |
| Maryland (Eff. 10/01/2024, Covers: All employers) | Jobs physically performed in MD (not occasional) | Wage range and benefits required; narrative or MD form acceptable; applies to print ads |
| Massachusetts (Eff. 10/29/2025, Covers: 25+ employees) | Jobs in MA or remote work for MA-based site | Must include salary/hourly pay range; applies to online and print job ads |
| Minnesota (Eff. 01/01/2025, Covers: 30+ employees) | Jobs in MN or job postings made by MN employers | Salary range and general benefits/compensation required; applies to print ads |
| Nevada (Eff. 10/01/2021, Covers: All employers) | Jobs in NV or remote with NV employer | Salary range must be disclosed after interview; not required in print ads prior to interview |
| New Jersey (Eff. 06/01/2025, Covers: 10+ employees) | Internal and external job postings advertised in NJ | Must include salary or range and first-year benefits; applies to print and electronic ads |
| New York State (Eff. 09/17/2023, Covers: 4+ employees) | Jobs in NY or remote reporting to NY | Salary or hourly range required; bonuses and benefits excluded; applies to print ads |
| Vermont (Eff. 07/01/2025, Covers: 5+ employees) | Jobs in VT or remote for VT worksite | Base wage or range must be listed; applies to all ad formats including print |
| Washington, D.C. (Eff. 06/20/2024, Covers: 1+ employee) | Jobs advertised by DC-based employers | Salary/hourly range must be disclosed in job postings; applies to print if used |
| Washington State (Eff. 01/01/2023, Covers: 15+ employees) | Jobs in WA or remote jobs that can be filled by WA worker | Must include salary range and general benefits; applies to all media including print |
Additional Considerations for Employers
- Remote jobs and reporting structures: Employers should be cautious when advertising remote positions. If a remote job could be performed by someone in a state with wage transparency laws—or if the employer has a sufficient connection to the state—those laws may apply.
- Multiple locations: If a job posting covers more than one location (for example, New York and New Jersey), employers may need to list distinct pay ranges for each location.
- PERM forms must align with ads: If job postings include benefits or other forms of compensation due to state law, those same items should be listed on ETA Forms 9141 and 9089. Inconsistencies could result in PERM denials.
- Track work-from-home headcount: If an employer has multiple work-from-home employees in a particular state, even without a physical office there, it could create enough presence to trigger that state’s EPT obligations.
- Future enforcement trends: While the Department of Labor has not yet denied PERM applications solely for non-compliance with state wage transparency rules, that may change as state laws become more entrenched and enforcement mechanisms evolve.
Conclusion
As wage transparency laws continue to expand across the country, employers must approach PERM recruitment with a dual lens—ensuring compliance with both federal immigration regulations and evolving state labor standards. The intersection of these legal regimes means that even routine job advertisements can trigger unexpected obligations, especially in states with expansive long-arm wage disclosure rules.
Staying informed and proactive is critical. Employers should carefully assess where their job ads will be published, where their employees and managers are located, and what state-specific requirements apply. By tailoring recruitment practices to meet these evolving legal standards, employers not only protect the integrity of their PERM cases but also demonstrate a commitment to equitable hiring practices.
A thoughtful, compliant approach to job postings today can prevent costly delays or denials tomorrow. When in doubt, consult with employment counsel familiar with the laws of the relevant state to ensure every ad meets the highest standard of legal and regulatory compliance.
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