Virginia’s New Pay Transparency Law: What Employers With Virginia Employees Need to Know Now

Effective July 1, 2026, Virginia has enacted a new pay transparency law requiring employers with Virginia employees to disclose compensation ranges and follow new restrictions on salary history. The law applies broadly and creates both enforcement risk and private litigation exposure. Employers with employees in Virginia should act now to ensure compliance with the new pay transparency law.

What the Virginia Law Requires

1. Set and disclose good‑faith pay ranges in postings. Employers must disclose the wage, salary, or wage/salary range in each public and internal posting for each job, promotion, transfer, or other employment opportunity, and must set that range in good faith.
2. Do not seek or rely on salary history. Employers may not seek an applicant’s wage or salary history, rely on it in considering the person for employment, or rely on it to set pay upon hire with a limited exception: If the candidate voluntarily discloses their salary history, without prompting after an initial offer that includes compensation, then the employer may only rely on that disclosure to support a higher wage than initially offered and only so long as the employer doesn’t violate another law in the process (like the Equal Pay Act). 
3. No retaliation. Employers may not refuse to interview, hire, employ, or promote—or otherwise retaliate against—a prospective or current employee for not providing wage/salary history or for requesting a wage/salary range.

Who Is Covered and What Postings are Covered

1. Covered Employers: The law applies to any employer with employees in Virginia.

2. Covered Postings: The requirements apply to all job postings, whether internal or external—even if the position itself is located outside Virginia.

Enforcement and Liability

1. Attorney General enforcement and penalties. The Virginia Attorney General may bring a civil action against a Virginia employer with potential penalties of up to $1,000 for the first violation and up to $5,000 for any subsequent violation. Courts may also award other legal and equitable relief.
2. Private lawsuits. A prospective employee or employee may file a lawsuit within one year of the alleged violation. However, prior to filing a lawsuit, an employer must be given written notice of the alleged violation and an opportunity to cure it. If the employer fully corrects the posting within 15 business days, the employer is not liable for the violation in any private lawsuit. Regardless of any notice or cure, the AG can still enforce the penalties above. 

Compliance Considerations for Multi‑Jurisdictional Employers

1. Build and document good‑faith ranges.  Develop and document your good faith range for each position using one or more of the following criteria: applicable pay scale, prior ranges for the same role, actual pay for equivalent positions, and the budgeted amount.
2. Update posting templates and SOPs. Ensure every internal and external posting template contains a visible field for the wage/salary or range. Implement a pre‑posting checklist requiring confirmation that the range was set using an approved method consistent with the statute.
3. Update application templates. Remove salary history fields from applications, disable third‑party recruiter prompts requesting salary history, and train hiring teams not to ask. Incorporate scripts for responding when candidates volunteer their salary history to ensure hiring managers only rely on this information as permitted. 
4. Review and update your employee handbook, if applicable. Revise sections addressing pay transparency and update Virginia addenda.
5. Train staff. Train HR staff and hiring managers on the new requirements, including the need to evaluate any written complaints of non-compliance to cure within the allotted 15 business days.
6. Consider impact of multi-state postings. Many states impose pay transparency requirements. For roles posted in multiple jurisdictions, ensure you are meeting the most rigorous state standard.
7. Seek legal support. Legal counsel can advise on the overlapping and separate requirements of each state, and review your policies, procedures and SOPs to ensure compliance.

How PilieroMazza Can Help

Attorneys in PilieroMazza’s Labor & Employment Group advise employers nationwide on navigating evolving pay transparency laws and other workplace compliance issues. We assist with reviewing and updating policies, procedures, and job‑posting practices to ensure compliance across jurisdictions. If you have questions about Virginia’s new pay transparency law or need assistance implementing compliant practices, please contact Sarah Nash, Sara Ryan, Corey Bohn, or another member of our team.