Virginia Implements New Pay Transparency and Salary History Law

A new pay transparency law took effect in Virginia on July 1, 2026, mandating that employers include a good-faith wage or salary range in all public and internal job postings, including those for promotions and transfers. The legislation prohibits employers from requesting an applicant's salary history or using previous pay to determine compensation for a new role. While applicants may voluntarily disclose previous earnings, employers generally cannot use that information unless it is to justify an offer higher than the initial one. The law also forbids retaliation against employees or applicants who inquire about pay or refuse to disclose their salary history.

Abigail Spanberger, Governor of Virginia, stated that the ban on salary-history questions is particularly significant because it prevents a candidate's previous earnings from anchoring salary negotiations. Her administration is currently prioritizing employer education, especially for small businesses, before pursuing aggressive enforcement.

Enforcement is managed by the office of the attorney general. First-time violations carry penalties up to $1,000, with subsequent fines reaching $5,000. Additionally, affected employees or applicants may file private lawsuits for damages within one year of a violation. The Virginia Department of Labor and Industry has published guidance to help employers comply with these requirements.