What happens if a job posting has no salary range?

In some states, yes. Washington gives applicants a private right of action with statutory damages of $100 to $5,000 per violation — and the state supreme court held in September 2025 (Branson v. Washington Fine Wine & Spirits) that applicants do not have to prove they were "bona fide" candidates — though since July 27, 2025 they must first give written notice and allow five business days to cure (a cure right that runs through July 27, 2027). New York City's law lets current employees bring claims against their own employer. New York State, by contrast, provides no private right of action; complaints go to the Department of Labor, which is the model most other states follow.

Generally, yes. Coverage usually turns on where the work could be performed, not where the company sits — California, for example, generally covers employers with 15 or more employees (counted company-wide) so long as at least one works in California, and New York's threshold is just 4. If a remote posting is open to candidates in a pay-transparency state, the safer course is to treat that state's rules as applying; confirm specifics with counsel.

Often, yes. Washington requires written notice and five business days to cure (through July 27, 2027); Illinois allows 14 days to cure a first offense and 7 days for a second on active postings; New York City imposes a $0 penalty for a first violation cured within 30 days; Massachusetts starts with a warning and a two-business-day cure period through October 29, 2027; and California will not assess a penalty for a first posting violation once the employer shows all postings have been updated. Colorado has no general statutory cure period, though its labor department has frequently used voluntary compliance letters before citations.

In several states, yes. Colorado, Washington, Illinois, Minnesota, and New Jersey generally require a general description of benefits and other compensation — such as bonuses, commissions, or equity — alongside the pay range. A short summary (health coverage, retirement plan, bonus eligibility) is typically what regulators expect; exact dollar values for benefits are generally not required. Check each state's guidance for the details.

Mostly state labor agencies: California's Labor Commissioner ($100–$10,000 per violation), Colorado's Department of Labor and Employment ($500–$10,000), the Illinois Department of Labor (up to $500, then $2,500, then $10,000 for repeat offenses), the New York State DOL (up to $1,000, $2,000, then $3,000), and the New Jersey DOL (up to $300, then $600). In New York City, the Commission on Human Rights enforces, with penalties up to $250,000 for uncured or willful violations; in Massachusetts it is the Attorney General. Because penalties are typically per violation — often per posting — a non-compliant template reused across openings can compound.

Generally, yes. These laws typically hold the employer responsible for postings made on its behalf, including through recruiters, staffing agencies, and job boards, and some statutes also expose the third party directly. Washington's 2025 amendment carved out only postings that are digitally scraped and republished without the employer's consent. The practical fix is to give agencies the approved range and benefits summary in writing and to spot-check live listings.