New Pay Transparency Laws Soon to Go into Effect in the District of Columbia and Maryland
June 5, 2024
Across the country many states are passing wage transparency laws that require the disclosure of wage or salary ranges in job postings. The District of Columbia and Maryland are no exception to the trend.
On January 12, 2024, District of Columbia Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023 (B25-0194), which will take effect on June 30, 2024. Similarly, the Maryland General Assembly passed an amendment (SB 525) to its Equal Pay for Equal Work statute that was signed by Governor Moore in April and will take effect on October 1, 2024. Both laws mandate inclusion of wage/salary information in job postings along with other requirements. Employers should begin efforts to comply with these laws immediately to avoid last-minute challenges.
Below are key features of both laws.
Key features of the
District of Columbia law include:
- Scope. Applies to all employers with at least one employee in the District of Columbia.
- Job Postings. Requires employers to “[p]rovide the minimum and maximum projected salary or hourly pay in all job listings and position descriptions advertised . . . . that the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion, or transfer opportunity.”
- Wage History. Prohibits employers from inquiring about a prospective employee’s wage history or from screening employees based on wage history. Employers are also prohibited from seeking that information from a prior employer.
- Healthcare Benefits. Requires employers to provide information about any healthcare benefits before interviewing applicants.
- Notice. Requires employers to post a notice informing employees of their rights under the Act in a “conspicuous place in at least one location where employees congregate.”
- Enforcement. Authorizes the mayor to assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation. Authorizes the D.C. Attorney General to bring a civil action for attorney’s fees and costs and “[s]tatutory penalties equal to any administrative penalties provided by law.” There is no private right of action.
Key features of the
Maryland law include:
- Scope. Applies to positions performed “at least in part” in Maryland. This includes postings by employers and any third parties recruiting applicants on the employer’s behalf.
- Job Postings. Requires employers to “disclose in each public or internal posting for each position the wage range and general description of benefits and any other compensation offered for the position . . . .” The wage range must be set “in good faith.”
- Optional Form. Requires the Maryland Commissioner of Labor and Industry to make an optional form available for employers to adopt to comply with the wage/salary range posting obligations.
- Recordkeeping. Requires employers to keep records of their compliance with the posting obligations for three years after the position is filled or if not filled, three years after the position was initially posted.
- Enforcement. Authorizes the Maryland Commissioner of Labor and Industry to “issue a letter to the employer compelling compliance” for the first violation, a fine of up to $300 for the second violation, and a fine of up to $600 for each subsequent violation. Violations are based on each employee and applicant who does not receive the required information, not on the overall posting. There is no private right of action.
FortneyScott will continue to monitor these developments and provide updates as appropriate. Clients with questions can reach out to their FortneyScott attorney.
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Fortney Scott Attorney David Fortney Co-Chairs and Speaks at the Practicing Law Institute's Annual Wage & Hour Litigation and Compliance for 2026
DEI continues to be a high priority issue for the Trump Administration. Recent actions by multiple federal agencies, signal increased scrutiny of employer DEI programs. In the past week alone, the Administration has taken several significant actions: The EEOC filed a subpoena enforcement action against Nike based on a May 2024 Commissioner’s charge filed by EEOC Chair Andrea Lucas. The subpoena seeks company-wide information dating back to 2018, reflecting a more expansive approach to DEI-related investigation and increased willingness to pursue enforcement in federal court. The Chair of the Federal Trade Commission issued letters to 42 leading law firms warning that participation in the Mansfield Certification program may raise antitrust concerns. EEOC Chair Lucas was copied on the correspondence, highlighting coordinated federal agency attention to diversity-based initiatives. President Trump made additional demands on Harvard concerning its DEI-practices, substantially increasing the monetary demands from $200 million to $1 billion, while signaling the possibility of additional legal action, including potential criminal exposure. Federal funding was suspended for one of the largest infrastructure projects in the U.S., the $16 Billion Hudson Tunnel project, based on minority set aside contracting requirements, prompting litigation. This action, which impacts train services between New York City and New Jersey, underscores the intersection of DEI initiatives and federal funding risks. What should employers do now? In the current enforcement environment, employers should: Continue to assess DEI programs for legal risk. With a full EEOC quorum now in place, increased scrutiny of corporate DEI programs is likely. Although most employers have reviewed their DEI programs and made necessary changes to address legal compliance, the renewed focus on DEI requires ongoing assessment and update of DEI programs. Ensuring that these best practices remain in place and are followed is crucial. Prepare for the possibility of broader EEOC investigations. Recent enforcement activity reflects an increased willingness by the EEOC to pursue company-wide inquiries, often supported by expedited subpoena enforcement in matters that originate as individual discrimination charges filed by white employees and applicants. Evaluate participation in diversity rankings and certifications. Employers should evaluate whether participation in voluntary diversity assessments, ranking programs or other public reporting of diversity results unnecessarily raises the organization's profile and invites heightened scrutiny from the EEOC and other enforcement agencies. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for additional information on how to be prepared and other best practices recommendations.
As we move further into 2026, employers should review notable changes to DC employment laws that may impact workplace policies and compliance obligations. Minimum and Living Wage Rates : From January 1, 2026, through June 30, 2026, any DC contract or government assistance recipient receiving $100,000 or more, as well as their subcontractors receiving at least $15,000 for contracts or $50,000 for government assistance, must pay at least the living wage rate of $17.95 per hour. Starting July 1, 2026, both the minimum wage rate and the living wage rate will increase to $18.40 per hour. For tipped employees, the base minimum wage increases to $10.30 per hour on July 1, 2026. Non-Compete Restrictions : Starting January 1, 2026, employers are banned from entering non-compete agreements with employees earning less than $162,164, and with medical specialists earning less than $270,274 Pay Stub Transparency : Starting January 1, 2026, employers must itemize all sources of compensation on employees’ pay stubs, including wages, bonuses, commissions, tips, service charges, etc.
In the second year of Trump 2.0, employers must stay alert to EEOC’s shifting priorities. Join FortneyScott attorneys on Tuesday, February 3, 2026 at noon EDT to learn what to expect from EEOC and the key steps employers must take now to ensure compliance with the new EEOC priorities. Key Topics to be Covered Include: New Commission quorum , and how it will impact EEOC priorities; Current EEOC priorities , including eliminating unlawful DEI, protecting religious liberties, limiting sex discrimination to biological sex and focusing on anti-American discrimination; Notable EEOC enforcement actions , updates, and emerging trends in the Administration’s civil rights enforcement; and, Actionable strategies and key takeaways to ensure compliance with Title VII, the PWFA, etc. This webinar is the first in a three-part series designed for compliance professionals, in-house counsel, HR and inclusion leaders, and other business leaders responsible for labor and employment law compliance.
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