Can You Say "Competitive Salary" in a Job Posting?
In states with pay transparency posting laws — including California, Colorado, Washington, New York, and a growing list of others — generally no: "competitive salary" is not a pay range, and postings covering those states generally must state actual numbers. Everywhere else the phrase remains legal, but research suggests it quietly shrinks your applicant pool.
"Competitive salary" was the default line in job ads for decades. But as of this writing, more than a dozen states plus Washington, D.C. have pay transparency laws, and many of them — California, Colorado, Washington, New York, Illinois, Massachusetts, Minnesota, New Jersey, Vermont, and Maryland among them — generally require the actual pay range or rate in the posting itself. In those jurisdictions, a posting that offers only "competitive salary," "DOE," or "negotiable" generally fails the disclosure requirement, because a phrase is not a range.
The range also has to be real. Colorado, New York, and California all use a good-faith standard: the low and high ends you genuinely expect to pay for the role — and California tightened this further with SB 642, which as of January 1, 2026 defines the pay scale as a good-faith estimate of what the employer reasonably expects to pay for the position upon hire. Colorado's official guidance gives "$30,000 and up" and "up to $60,000" as examples of open-ended figures that do not comply. Enforcement exists but is not apocalyptic — several states offer cure windows or first-violation relief — so this is a fixable problem, not a trap.
Even where no law applies, vague compensation language tends to be costly rather than risky. SHRM research found that 82% of U.S. workers say they are more likely to consider applying to a job when the pay range is listed, and 70% of organizations that list ranges report more applicants. "Competitive salary" often reads to candidates as "we'd rather not say."
Risky phrasing
“Competitive salary DOE, plus a generous benefits package. Compensation will be discussed during the interview process.”
Compliant rewrite
Salary: $62,000–$78,000 per year, depending on experience — the range we in good faith expect to pay for this role. Benefits include medical and dental coverage, a 401(k) with employer match, and 15 days of PTO.
The law at a glance
- Law
- State pay transparency laws (e.g., Colorado Equal Pay for Equal Work Act; California Labor Code § 432.3; Washington Equal Pay and Opportunities Act; New York Labor Law § 194-b)C.R.S. § 8-5-201; Cal. Lab. Code § 432.3; RCW 49.58.110; N.Y. Lab. Law § 194-b
- In effect
- Varies by state — California's posting rule has applied since Jan. 1, 2023, and its pay-scale definition was tightened by SB 642 effective Jan. 1, 2026; New York's has applied since Sept. 17, 2023; Washington's amended enforcement rules (SSB 5408) took effect July 27, 2025; and newer laws (e.g., Illinois, Minnesota, New Jersey, Vermont, Massachusetts) have been phasing in through 2025–2026.
- Who’s covered
- Varies by state: Colorado's posting rule generally covers any employer with at least one Colorado employee; New York's applies at 4 or more employees; California's and Washington's apply at 15 or more. California counts employees company-wide as long as at least one is located in California, so small local headcount does not always mean exemption.
- Penalties
- Penalty structures vary widely. In Colorado, fines can range from $500 to $10,000 per violation under the Equal Pay for Equal Work Act, administered through the Colorado Department of Labor and Employment. In California, the Labor Commissioner can order civil penalties of $100 to $10,000 per violation, though no penalty applies to a first violation if the employer shows all job postings have been updated to include the pay scale. In New York, civil penalties are capped at $1,000 for a first violation, $2,000 for a second, and $3,000 for a third or subsequent violation. In Washington, a prevailing job applicant can recover statutory damages of $100 to $5,000 per violation plus attorneys' fees, or pursue administrative remedies instead — under the 2025 amendment the two routes are exclusive of each other.
What that means for a posting
- In posting-required states, the posting generally must state an actual pay figure or range — "competitive salary," "DOE," "negotiable," and "market rate" generally do not satisfy the requirement on their own.
- The range must be a good-faith one: the lowest to highest pay the employer genuinely expects to offer for the role at the time of posting. Colorado's official guidance gives "$30,000 and up" and "up to $60,000" as examples of open-ended figures that do not comply, and California's SB 642 (effective Jan. 1, 2026) codified the good-faith-estimate standard.
- The numbers generally need to appear in the posting itself — California's Labor Commissioner FAQs state the pay scale must be included within the posting, and that a link or QR code pointing to the pay scale is not sufficient.
- Several states (Colorado, Washington, and Illinois among them) also generally require a general description of benefits and other compensation alongside the range.
- If the pay is truly fixed, some laws accommodate that — Washington's 2025 amendment expressly allows posting a single fixed wage amount instead of a range when only one amount is offered.
- Where no transparency law reaches the posting, vague pay language remains lawful — but SHRM research links posted ranges to more and better applicants, so the phrase can cost you even when it can't fine you.
Remote and out-of-state postings
Most posting-required laws reach remote work. Colorado's rule covers postings for remote jobs that can be performed anywhere, including — per state guidance — postings that say Colorado applicants will not be accepted. New York's covers jobs physically performed outside New York that report to a supervisor, office, or other worksite in New York. Washington's, under Labor & Industries policy, covers postings that recruit Washington-based employees — excluding Washington applicants does not take a posting out of scope, though jobs performed entirely outside Washington are excepted. The practical effect: a nationwide remote posting that says only "competitive salary" can implicate several states' laws at once, even if the employer has no office in any of them. Confirm the specific reach of each state's rule with counsel before relying on location-based carve-outs.
How it’s actually enforced
Enforcement is generally complaint-driven through state labor agencies — Colorado's Division of Labor Standards and Statistics, California's Labor Commissioner, and the New York Department of Labor among them. Washington saw a wave of private class-action suits over non-compliant postings, but its July 27, 2025 amendment softened exposure considerably: statutory damages were set at $100–$5,000 per violation, and through July 27, 2027 employers who correct a posting within five business days of written notice generally cannot be assessed penalties or damages for that violation. California similarly provides first-violation relief where all postings are brought into compliance. The practical pattern as of this writing: regulators and plaintiffs first, but with meaningful cure paths for employers who fix postings quickly.
Common follow-ups
Is "salary DOE" or "pay negotiable" any safer than "competitive salary"?+
Generally no. Posting-required laws ask for an actual figure or a good-faith range, and "DOE," "negotiable," and "commensurate with experience" are treated the same way as "competitive salary" — as no disclosure at all. You can still say pay depends on experience; the safer pattern is to pair that phrase with real numbers, e.g., "$62,000–$78,000 depending on experience."
Does this apply to remote jobs or employers based in another state?+
Often, yes. Colorado's guidance covers remote roles that can be performed anywhere, New York's covers roles performed in or reporting to New York, and Washington's Labor & Industries policy covers postings recruiting Washington-based workers. Colorado and Washington guidance both say a posting cannot escape coverage by stating that applicants from that state won't be considered. An employer with no office in a state can still be covered if it advertises to workers there, which is why many national employers now include a range in every remote posting rather than tracking carve-outs.
Can I just post a very wide range instead?+
That carries its own risk. These laws generally use a good-faith standard — the range you genuinely expect to pay at the time of posting. Colorado guidance indicates the range should reflect what the employer genuinely believes it might pay, and flags open-ended figures like "$30,000 and up" as non-compliant. California went further: SB 642, effective January 1, 2026, codified the pay scale as a good-faith estimate of what the employer reasonably expects to pay for the position upon hire — a change law-firm alerts describe as a response to artificially wide ranges. A defensible range is one you could explain to a regulator with your comp data.
Can applicants sue over a vague-pay posting?+
It depends on the state. Washington allows a private civil action, with statutory damages of $100 to $5,000 per violation plus attorneys' fees for a prevailing applicant — though its 2025 amendment added a five-business-day cure opportunity through July 27, 2027. In California, an aggrieved person can file a complaint with the Labor Commissioner within one year, and the statute also allows a civil action for injunctive and other court-ordered relief. In New York, the route under the posting law is a complaint to the Department of Labor. Confirm the current remedy landscape with counsel, as these provisions have been amended recently.
Do bonuses, commissions, and benefits have to be in the posting too?+
It varies. Washington requires a general description of all benefits and other compensation alongside the wage scale or salary range, and Colorado and Illinois require benefits information with the compensation disclosure. California is narrower: the Labor Commissioner's FAQs say bonuses, tips, and benefits beyond the base salary or hourly range are not required in the posting — but if a position is paid by commission or piece rate, that rate must be included. Confirm with counsel how variable pay should appear in your postings state by state.
Do these rules cover internal promotions and transfers?+
Frequently. New York's law expressly covers advertised promotion and transfer opportunities, and Colorado requires employers to notify current employees of job opportunities and disclose compensation in internal as well as external postings. If your internal job board says "competitive salary" for a promotion posting, it can raise the same issues as a public ad in covered states.
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- RCW 49.58.110 — Washington Equal Pay and Opportunities Act (official statute)
- Ogletree Deakins — Washington State Makes Key Changes to Amend Equal Pay and Opportunities Act (SSB 5408)
- Colorado Department of Labor and Employment — Equal Pay for Equal Work Act
- Ogletree Deakins — Colorado's Revised INFO #9 on Job Posting Requirements
- California Labor Code § 432.3 (official statute text, as amended by SB 642)
- California DIR — Equal Pay Act and Pay Scale FAQs (Labor Commissioner)
- New York State Senate — Labor Law § 194-b (official statute text)
- New York Department of Labor — Pay Transparency
- Jackson Lewis — Navigating 2026: Pay Transparency Laws and Employer Obligations
- SHRM — Pay Transparency Research (82% more likely to apply when range listed)
Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.