The rules changed, and they changed in your favor

For most of the last decade, the opening move in a US hiring process was a recruiter asking what you currently earn — an anchor that carried underpayment from one job to the next. That is now illegal in a large and growing share of the country, and in much of it the employer has to show its number first.

As of September 2026, roughly eighteen states plus the District of Columbia have pay transparency laws on the books. There is still no federal pay transparency law; everything below is state or city law.

Where the salary range must appear in the posting

These jurisdictions require employers to publish a good-faith pay range in job postings: California, Colorado, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Vermont, Washington, and Washington, D.C.

Two states joined that list this year:

• Virginia — effective July 1, 2026, covering employers of every size, for public and internal postings alike, and paired with a strict salary history ban.
• Maine — effective July 29, 2026, for employers with 10 or more employees, with recordkeeping and employee-request obligations attached.

California also tightened its definition of a pay range effective January 1, 2026, under SB 642, to stop employers from posting meaninglessly wide placeholder bands.

A separate group — Connecticut, Nevada, and Rhode Island — requires disclosure on request or before an offer rather than in the posting itself. Delaware's law is signed but does not take effect until September 26, 2027.

Coverage thresholds vary: New York applies at four or more employees, California at fifteen, Maine at ten, Virginia at any size. And for remote roles, most of these laws follow the work: if the job could be performed in a covered state, the range generally has to be posted. This is why you increasingly see a range attached to a fully remote listing even from an employer headquartered somewhere with no such law.

Salary history bans

Separately from posting requirements, more than twenty states and dozens of cities prohibit asking what you currently make or last made. Where a ban applies, a recruiter may still ask what you are looking for — a different question, and one you should be ready for.

If you are asked for your history in a jurisdiction where it is banned, you do not have to file a complaint to handle it. "I'd rather focus on the range for this role — what has the team budgeted?" moves the conversation on.

How to answer "what are your salary expectations?"

First, try to make them go first. "I'd like to make sure we're in the same range before we go further — what's the band for this position?" In a covered state, the answer is already published, so look it up before the call.

If you have to name something, give a range, not a point. Make the bottom of your range a number you would genuinely accept, because that is the number you will be offered. A 15 to 20 percent spread is normal: "Based on what I've seen for this scope in this market, I'm targeting $92,000 to $108,000, and I'm flexible depending on the whole package."

Anchor it in research, not in your current pay. Useful sources: the Bureau of Labor Statistics Occupational Employment and Wage Statistics for the specific metro area, the posted ranges of comparable roles in transparency states, Levels.fyi for technology compensation, and Glassdoor or Payscale with appropriate skepticism about self-reported data.

For context on the wider market, average hourly earnings across private nonfarm payrolls were $37.75 in August 2026, up 3.1 percent over the year — useful as a sanity check on how much general wage movement to expect, and a reminder that most real gains come from changing roles rather than from annual increases.

Negotiate the package, not just the base

Base salary is one line. Before you accept, get the whole offer in writing and look at the bonus target and how it is actually paid out, equity and its vesting schedule, the 401(k) match, health premiums and deductibles (the difference between plans can be worth thousands), paid time off, remote or hybrid expectations, and any signing bonus or relocation allowance.

If the base is capped by a band, a signing bonus, an extra week of leave, or an early review date are frequently available when more salary is not.

Where this comes up in the process

Expect the question in the recruiter phone screen, often in the first five minutes, and again on the application form as a required field. Our guide to US interview questions covers the rest of that conversation, and the application form's screening questions are covered in how to get past the ATS.

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Frequently Asked Questions

Which US states require salary ranges in job postings?

As of September 2026: California, Colorado, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Vermont, Washington and Washington, D.C., plus Virginia (since July 1, 2026) and Maine (since July 29, 2026). Connecticut, Nevada and Rhode Island require disclosure on request or before an offer.

Is there a federal pay transparency law in the United States?

No. Pay transparency in the US is governed entirely by state and city law. A federal Salary Transparency Act has been introduced in Congress but has not passed.

Can a US employer ask what I currently earn?

In more than twenty states and many cities, no — salary history questions are banned. Everywhere, an employer may ask what compensation you are seeking.

Do pay transparency laws apply to remote jobs?

Generally yes. Most of these laws reach any role that could be performed in the covered state, which is why remote listings from out-of-state employers often carry a posted range.