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Risky / jurisdiction-dependentPay transparency

Do you have to post a salary range in Illinois job postings?

An amendment to the Illinois Equal Pay Act generally requires employers with 15 or more employees to include pay scale and benefits information in job postings. The requirement is relatively new, so confirm the current rules.

Illinois amended its Equal Pay Act to generally require employers with 15 or more employees to include the pay scale and benefits in postings for roles performed at least partly in Illinois, or that report to a supervisor or office in Illinois.

This requirement took effect in 2025 and the details may still be settling. Confirm the current obligations before relying on them for a specific posting.

Risky phrasing

“Chicago. Operations Lead. Salary DOE.”

Compliant rewrite

Chicago. Operations Lead. $75,000–$90,000 plus benefits. (Illinois generally requires pay scale and benefits; confirm current rules.)

The law at a glance

Law
Illinois Equal Pay Act of 2003, as amended by HB 3129 (Public Act 103-0539)820 ILCS 112/10(b-25); recordkeeping at 820 ILCS 112/20; penalties at 820 ILCS 112/30
In effect
January 1, 2025
Who’s covered
Employers with 15 or more employees — counting all employees, inside or outside Illinois, full-time or part-time — for positions performed at least in part in Illinois, or performed elsewhere but reporting to a supervisor, office, or other work site in Illinois.
Penalties
Civil penalties are tiered and capped by statute — every amount is phrased as "not to exceed," and the statute gives the Department discretion to waive any civil penalty. For postings still active, fines can reach $500 for a first offense (after a 14-day cure period), $2,500 for a second offense (after a 7-day cure period), and $10,000 for a third or subsequent offense, with no cure period. For postings no longer active, a first offense can reach $250, with the same $2,500 and $10,000 caps for later offenses. The Illinois Department of Labor enforces the requirement.

What that means for a posting

  • Include the pay scale: the wage or salary, or a wage or salary range, for the posted role. IDOL guidance says a range should run from the lowest to the highest pay the employer actually believes it might pay — and it specifically calls out open-ended phrasing like "up to $60,000" with no bottom, or "$40,000 and up" with no top, as unacceptable.
  • Include a general description of benefits and other compensation — including anticipated or possible bonuses, stock options, or other incentives — not just base pay.
  • A hyperlink generally satisfies the requirement if it leads to a publicly viewable page that shows the pay scale and benefits for that specific position.
  • If a recruiter, staffing agency, or job board posts for you, you must give them the pay scale and benefits information — the third party is expected to include it and can itself be liable if it omits information you provided.
  • If no posting has been made for an opportunity, a covered employer must still disclose the pay scale and benefits to an applicant who asks, before any offer or discussion of compensation.
  • Announce, post, or otherwise make known promotion opportunities to current employees no later than 14 calendar days after the job is posted externally (limited exceptions apply).
  • Keep records of the pay scale, benefits, and the job posting itself for each position for at least 5 years.

Remote and out-of-state postings

The requirement covers postings for work performed at least in part in Illinois, and roles performed elsewhere — including fully remote roles — that report to a supervisor, office, or other work site in Illinois. IDOL guidance frames the trigger as whether the employer knew, or could reasonably foresee, that the work would be done in Illinois; work performed entirely outside the state with only occasional or sporadic visits generally is not covered. Out-of-state employers should note that all employees, wherever located, count toward the 15-employee threshold.

How it’s actually enforced

The Illinois Department of Labor (IDOL) enforces the posting requirement. It can investigate on its own initiative or after a complaint, which anyone — including anonymous filers — can submit within one year of the alleged violation; under an IDOL policy effective January 1, 2026, an anonymous pay-transparency complaint may be treated as a report the Department can investigate. After a third offense, automatic penalties with no cure period apply for a 5-year period, and that clock restarts if another violation notice arrives during it. The softening: first and second offenses on active postings come with 14-day and 7-day cure periods, so an employer that fixes a flagged posting promptly can often avoid or limit fines — and the dollar figures are statutory caps the Department has express discretion to reduce or waive, not mandatory amounts.

Common follow-ups

Does the Illinois rule apply to remote jobs or out-of-state employers?+

Generally yes, if the role touches Illinois. The law covers positions performed at least in part in Illinois and positions performed elsewhere that report to an Illinois supervisor, office, or work site. IDOL guidance says the duty applies where the employer had reason to know or could reasonably foresee the work would be done in Illinois. An employer based outside Illinois can still be covered, and all of its employees — not just those in Illinois — count toward the 15-employee threshold.

Do bonuses, commissions, and benefits have to be in the posting?+

The posting generally must include a general description of benefits and other compensation — IDOL guidance specifically mentions anticipated or possible bonuses, stock options, and other incentives — alongside the wage or salary range. A hyperlink to a current, publicly viewable page that describes pay and benefits for that particular position generally satisfies this.

What about staffing agencies and third-party job boards?+

An employer that engages a third party to publish a posting must provide the pay scale and benefits information, and the third party is expected to include it. Per IDOL guidance, the third party can be held liable for a noncompliant posting unless it shows the employer never provided the information — and it is not a defense that the third party has fewer than 15 employees or sits outside Illinois, as long as the engaging employer is covered.

Who enforces this — and can applicants sue?+

The Illinois Department of Labor enforces the posting requirement. Anyone aware of a noncompliant posting — including anonymously — can file a complaint within one year, and IDOL can also investigate on its own. Official guidance describes posting violations as running through IDOL civil penalties rather than a clearly established private lawsuit right; the broader Equal Pay Act has separate remedies for pay discrimination. Confirm the current enforcement landscape with counsel.

Do internal postings and promotions count?+

Yes. IDOL guidance says the pay scale and benefits requirement applies to internal-only postings as well as external ones. Separately, employers generally must make promotion opportunities known to all current employees no later than 14 calendar days after posting the job externally, with limited exceptions. And even with no posting at all, a covered employer must disclose the pay scale and benefits to an applicant who asks, before any offer or compensation discussion.

What happens if a posting is flagged — is there a chance to fix it?+

Generally yes, at first. For an active posting, a first offense comes with a 14-day cure period before a fine of up to $500, and a second offense a 7-day cure period before a fine of up to $2,500. A third or subsequent offense carries no cure period and a fine of up to $10,000 — and after a third offense, automatic no-cure penalties apply for 5 years. The amounts are caps, and the statute expressly gives IDOL discretion to waive penalties.

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Sources

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.

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