Pay Transparency Legislation Series,
Ep. 6: How to Infuse Transparency
into Your Salary Ranges

Today's Presenters:
Ruth Thomas
Chief Product Evangelist
Payscale
Lulu Seikaly
Senior Corporate Attorney-
Employment
Payscale

Today's Agenda
• A pay transparency legislation overview
• Best practices for creating and updating your salary ranges for transparency
• What are your challenges and priorities?
• Audience Q&A

A Pay Transparency Legislation Overview

Where and when is pay transparency legislation happening?
Jan. 1, 2021
Colorado State (Job
Ads)
April 13, 2022
Jersey City, NJ (Job
Ads)
Sept. 1, 2022
Ithaca, NY (Job Ads)
Nov. 1, 2022
NYC, NY (Job Ads)
Nov. 6, 2022
Westchester County,
NY (Job Ads)
Jan. 1, 2023
Washington State
(Job Ads)
Jan. 1, 2023
Rhode Island
(Interview)
Jan. 1, 2023
California (Job Ads)
September 17, 2023
New York State
(Job Ads)

Washington
Legislation Overview
Effective: January 1, 2023
• Who: employers with 15 or more employees, with at
least 1 working in Washington
• What: shall include pay scale (hourly or salary) for a
position in any job posting and general description of
benefits
• Proposed Penalties: civil action for violations - greater
of actual damages or $5,000 plus interest, costs, and
reasonable attorney’s fees.

California Legislation
Overview
Effective: January 1, 2023
• Who: employers with 15 or more employees, with at
least 1 working in California
• What: shall include pay scale (hourly or salary) for a
position in any job posting that can be performed in
California
• Commission? Must be included for roles that are
paid wholly or in part on commission
• Proposed Penalties: between $100 and $10,000 per
violation
• Record Keeping Obligations: maintain records of job
title and wage rate history for each employee for 3
years post employee's employment
• Other considerations: additional pay reporting
requirements and DOL guidance

Effective: September 17, 2023
• Applies to employers with 4 or more employees, with
at least 1 working in NY state
• Internal and external job postings for applicants and
employees that “can or will be performed, at least in
part, in the State of NY.”
• Penalties up to $3,000 for failure to comply
• What must the posting include:
• Actual compensation or range of compensation
• Good faith standard
• Job description (if a description exists); and
• General description of other comp offered
New York State
Legislation Overview

Proposed Amendments
• Remote roles?
• Role must report to a NY supervisor, office or
worksite, OR
• Will physically be performed, at least in part, in NY
State
• What about the NYC law?
• NY State law does not supersede the NYC
Ordinance
• What about the NYC law?
• Must comply with both sets of laws
New York State
Proposed Amendments

We’ve already seen Pay Transparency
bills being proposed in 2023:
Montana
Connecticut
West
Virginia
Hawaii Massachusetts
South
Dakota
Vermont
Illinois
Kentucky
Maine
Pennsylvania

How to infuse transparency into your salary ranges

Considerations for successful practice
How do I get employees to apply for the job?
Understand your competitive landscape and determine
a strong data strategy – if you are going to post a pay
range on a job posting you want to makes sure it is
competitive for the market.
Source: SHRM Survey Feb 23

Considerations for successful practice
Consider the impact on employees in
similar jobs or undertaking substantially
similar work?
You should be aware of incumbents in other roles at
the same level who may feel that they are
comparable. Do this by developing a standardized
structure and job leveling/architecture process.
Consider the impact on current employees
in same job?
Evaluate current employee pay in line with market
pricing – understand how current employees doing
the same job compare to this, adjust as necessary.
Source: SHRM Survey Feb 23

Considerations for successful practice
Consider the impact on managers?
Training managers and other stakeholders
to have effective conversations with
employees about their pay is an important
step.
It also equips them with the knowledge to
have more constructive career
development conversations with their
employees, which is a critical step in
retaining talent.
Source: Payscale CBPR 23

Considerations for successful practice
Consider the impact on your overall compensation strategy.
Up-level your pay transparency strategy and link to your overall
compensation management processes, including pay equity analysis, job
description management, compensation planning and pay communications.
Get buy in and commit to build transparent and consistent pay practices
with a compensation philosophy that embeds fair pay.
Being transparent about pay will help build trust and strengthen your
relationship with employees which will ultimately impact your business
success.

What are your challenges and priorities?

Poll 1: What are your greatest roadblocks to posting
job ranges?
A. We lack confidence in the accuracy of our market data
B. We don't have organized pay structures
C. We are concerned that we have pay inequity issues
D. We need to educate managers and employees on how
ranges are set
E. We don’t feel confident we know the legal requirements
F. We struggle to gain executive leadership buy-in
G. We don't have any roadblocks, we are currently posting or are
on the path to posting ranges with all JDs

Poll 2: Which of these steps is your hardest problem
to solve?
A. Understand your competitive landscape and determine a data
strategy
B. Evaluate current employee pay against the market
C. Implement standardized and scalable practices regarding
salary structures and pay ranges
D. Conduct regular pay equity analysis
E. Efficiently manage your job descriptions
F. Implement a strategic compensation planning framework that
support pay transparency
G. Support pay communication internally to employees and
managers

Poll 3: What would you prioritize as your top investment to
meet the challenges of the Pay Transparency legislation?
A. Understand your competitive landscape and determine a data
strategy
B. Evaluate current employee pay against the market
C. Implement standardized and scalable practices regarding
salary structures and pay ranges
D. Conduct regular pay equity analysis
E. Efficiently manage your job descriptions
F. Implement a strategic compensation planning framework that
support pay transparency
G. Support pay communication internally to employees and
managers

Poll 4: If you are already posting salary ranges, what are
the next steps you will take to improve compensation
practices at your organization?
A. Improve current salary ranges and pay grades to account for
substantially similar work.
B. Undertake pay equity analysis
C.Improve transparency through compensation planning cycles
D.Improve internal pay communications
E. None of the above

Q&A
Feel free to ask any questions in the chat!