Do pay transparency laws apply to remote jobs?

Last checked October 21, 2026, by Glenn at PostRight HR

Short answerOften, yes. Several states apply their laws to remote roles their residents can apply for, no matter where your company is based. A remote posting with no range can be legal in Texas and still expose you to Washington class actions. The safest approach is one range that satisfies the strictest state your posting could reach.

Key facts

States that reach remote roles	California, Colorado, Washington, Maine, and Vermont apply to roles their residents could do. New York reaches remote roles tied to a New York supervisor or office
States with posting laws in 2026	CA, CO, DC, HI, IL, MA, MD, ME, MN, NJ, NY, VA, VT, WA, with Delaware in 2027
Biggest risk	Washington, with 300+ class actions since June 2024 and $100 to $5,000 per applicant
Common mistake	A posting template built for a home state with no law, reused for remote roles

Why excluding states doesn't work well

Some employers add a line like "not open to Washington residents." In practice, applicants from that state still click apply, and the employer has to prove the role truly wasn't available to them. One range that works everywhere is simpler and cheaper.

What to do

Find every posting marked remote, hybrid, or open to multiple states.
Pick one good-faith range per role that would satisfy the strictest state it could reach.
Add a benefits summary, since several states require it.
Don't try to exclude states in fine print. It's hard to enforce and has caused many of the Washington cases.
Fix the template, then re-check new postings each month.

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Source: Clockspot, Pay Transparency Laws by State (fact-checked May 25, 2026). Laws and enforcement change often. Check the state's labor department or your employment counsel before relying on this for a legal decision.