Earlier this month, the District of Columbia became the latest addition to a growing list of jurisdictions requiring pay transparency in job postings when Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 into law. While many questions still linger concerning its application, this new law serves as yet another reminder for employers to remain diligent in monitoring pay disclosure updates.

Under the new law, effective June 30, 2024, employers with one or more employees must now include the pay scale for a position in any job posting. Employers also must provide information regarding healthcare benefits prior to the first interview of a candidate. The law does not provide candidates for employment with a private right of action. Instead, the law will be subject to enforcement by the District of Columbia’s attorney general, who may seek a whole suite of potential remedies including restitution, injunctive or compensatory relief, attorneys’ fees, and civil penalties. 

Notably, the new law also prohibits employers from retaliating against employees who discuss compensation at work and from inquiring into a candidate’s salary history. Beyond these straightforward provisions, the text of the law itself is not very robust and does not include any guidance concerning its application to issues like remote work – issues likely to be addressed in subsequent guidance on the law. 

The District of Columbia’s adoption of this legislation comes only two weeks after Hawaii’s pay transparency requirements went into effect; Hawaii and Illinois enacted such legislation in 2023. And while it might be the first to do so in 2024, it is highly unlikely that the District of Columbia will be the last jurisdiction to adopt such legislation this year. Bills are currently moving through the state legislatures of Massachusetts, Michigan, and New Jersey – and it’s likely that more are on the way. 

As the issue of pay transparency remains a hot button legislative item, employers should continue to monitor developments. And as new laws take effect, employers should be ready to review their job postings and train their hiring and recruiting teams to ensure compliance with these new obligations.