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Risky / jurisdiction-dependentPay transparency

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

Maryland's Wage Range Transparency law generally requires employers to disclose a wage range and a general description of benefits in postings for roles performed at least partly in Maryland. Confirm the current details.

Maryland generally requires employers to include the wage range and a general description of benefits and other compensation in a posting for any position that will be performed, at least in part, in Maryland.

The requirement is relatively recent. Confirm the current rule and exactly what must be disclosed for any role that touches Maryland.

Risky phrasing

Baltimore. Project Coordinator. Pay negotiable.

Compliant rewrite

Baltimore. Project Coordinator. $52,000–$60,000 plus benefits. (Maryland generally requires a wage range; confirm current rules.)

The law at a glance

Law
Maryland Wage Range Transparency Act (amending the Equal Pay for Equal Work law)Md. Code, Labor & Employment § 3-304.2, as amended by H.B. 649 (Ch. 271) / S.B. 525 (Ch. 272), 2024
In effect
October 1, 2024
Who’s covered
All employers, with no employee-count threshold, for any position whose work will be physically performed at least in part in Maryland. State guidance indicates this reaches nonprofits, household employers, and public-sector employers alike.
Penalties
Civil penalties escalate: a first violation generally draws an order or letter compelling compliance rather than a fine, a second violation can bring a civil penalty of up to $300 for each affected employee or applicant, and subsequent violations within three years can reach up to $600 per person, enforced by the Maryland Commissioner of Labor and Industry.

What that means for a posting

  • Include a wage range — the minimum and maximum salary or hourly rate the employer in good faith expects to pay — in every public or internal posting for a covered Maryland role.
  • Anchor the range to something real: an applicable pay scale, a previously determined range for the role, the actual pay of an individual holding a comparable position at the time of posting, or the amount budgeted for the position.
  • Include a general description of benefits, such as employer-provided insurance, paid or unpaid leave, and retirement plans.
  • Disclose any other compensation offered — overtime, shift differentials, tips, commissions, bonuses, and stock or stock options — at least at a summary level.
  • If a posting was not made available to an applicant for the position, provide the same wage range, benefits, and other-compensation information before any compensation discussion is held and at any other time the applicant asks.
  • Keep records showing compliance for at least three years after the position is filled, or from the initial posting date if it never is.

Remote and out-of-state postings

The law covers positions whose work will be physically performed, at least in part, in Maryland — including remote roles where the posting seeks workers based in Maryland, even if the employer is located out of state. State guidance indicates positions involving only occasional work in Maryland, such as attending a meeting or conference in the state, are generally not covered. An earlier draft would also have reached out-of-state work reporting to a Maryland supervisor or office, but that provision was dropped from the enacted law.

How it’s actually enforced

The Commissioner of Labor and Industry has sole enforcement authority, and applicants or employees can file complaints with the Division of Labor and Industry. Two softening points are worth knowing: the first documented violation generally results in a compliance order rather than an immediate monetary penalty (and the statute directs the Commissioner to weigh the employer's size, good faith, and history before assessing any fine), and the state has published FAQs plus an optional disclosure form employers can use to get the format right. Per-person penalties can still add up quickly on a high-traffic posting, so the safer posture is to include the range from the start.

Common follow-ups

Does Maryland's wage range law apply to remote jobs or out-of-state employers?+

Generally yes, when the work will be physically performed at least in part in Maryland. State guidance indicates a remote posting that seeks Maryland-based workers is covered even if the employer sits in another state, while a role that only occasionally touches Maryland — attending a meeting or conference, for example — generally is not. If a posting could plausibly reach Maryland candidates for Maryland-based work, including the range is the safer route.

Does the law apply to small businesses?+

As of this writing, yes. Unlike several other states' pay transparency laws, Maryland's has no employee-count threshold — state guidance indicates it applies to employers of every size, including nonprofits and household employers, for any covered Maryland position.

Do staffing agencies and third-party recruiters have to comply?+

Generally yes. The law defines a posting to include recruitment done directly by an employer or indirectly through a third party, such as recruiters and job-listing websites. State guidance indicates an employer generally is not responsible for postings that a third-party site scrapes or reposts without the employer's consent.

Can an applicant sue over a missing wage range?+

Not directly under this provision. The enacted law places enforcement with the Commissioner of Labor and Industry rather than creating a private right of action — an earlier draft that would have allowed private lawsuits was dropped before passage. Applicants and employees can still file complaints with the Commissioner, who can order compliance and assess civil penalties.

Do internal promotions and transfers count?+

Postings for promotion or transfer opportunities generally must include the same wage range, benefits, and other-compensation information as external postings. State guidance suggests a non-competitive promotion that is never posted or advertised does not require creating a posting — but once you do post the opportunity, the disclosure rules generally apply.

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

Generally yes, at a summary level. Beyond the wage range itself, postings generally must include a general description of benefits — insurance, leave, retirement, and similar — and note any other compensation offered, such as overtime, tips, commissions, bonuses, or stock options. Maryland's Division of Labor and Industry publishes an optional disclosure form showing one acceptable format; any format that covers the required elements generally works.

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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.