Virginia and Maine Pay Transparency Laws: What You Can Now Ask For

For a long time, the most important number in a job search was the one nobody would tell you. You would write a careful application, survive two rounds of interviews, and only then learn what the role paid, usually by being asked to name a figure first. It felt like a card game where one player kept their hand face down.

That is changing, state by state. Virginia's pay transparency and salary history law took effect on July 1, 2026, and Maine's wage disclosure law followed later that month. Both join roughly two dozen other states and localities that already require some form of posted pay. If you live in either state, or apply to employers there, you now hold a few tools you did not have last spring.

A note before we start: I am a writer reading public summaries, not a lawyer. What follows is general information drawn from law-firm and news summaries of the statutes, and the details below are worth checking against the actual text or with a labor department before you rely on them.

What a posted wage range has to include

Virginia (HB 636 / SB 215) requires employers to include a good-faith pay range in postings for jobs, promotions, transfers, and other openings. "Good faith" matters. Summaries note that how broad the range is can be considered when judging whether it was honest, so a range of $40,000 to $190,000 may draw questions. The law does not appear to require a description of benefits or other compensation in the posting, so bonuses, equity, and health coverage are still yours to ask about. Virginia's law has no employer size threshold.

Maine (LD 54) requires employers with ten or more employees to include a pay range in postings, whether electronic or printed and whether posted directly or through a third party. The range is the one the employer expects to rely on when setting pay. That can come from a pay scale, a previously set range, what current employees in equivalent roles earn, or the budget for the position. Commission-only positions are excluded from the range requirement, but a posting for one is supposed to say so. Summaries disagree on whether the ten-employee count means Maine staff only or the whole company, so multi-state employers often take the cautious reading.

How to use the range when you negotiate

A posted range is not a promise of what you will get. It is a public statement of what the company expects to pay, and that makes it a useful anchor.

Treat the top as the real ceiling, the middle as the real market. Employers often hire near the middle for someone who fits the role and nearer the top for someone who exceeds it. Your job in the conversation is to show you are in the second group.
Start the number conversation inside the range. Asking for a figure far above the posting invites a conversation about the range itself. Asking for a point in the upper half, with reasons, invites a conversation about you.
Do the arithmetic on the rest. If the posting is silent on benefits, ask for them before you accept. A slightly lower salary with strong health coverage and a retirement match can beat a higher number without them.
Remember what you learned from the posting date. If the role has been open for weeks, the employer may be feeling pressure. That is leverage, used politely.

What employers can no longer ask or rely on

Virginia's law also bars employers from seeking an applicant's pay history and from relying on it when deciding whether to hire or what to pay. According to summaries, there is a narrow exception when an applicant volunteers that information without being prompted. The law also prohibits refusing to interview, hire, or promote someone, or retaliating against them, for declining to share salary history or for asking about the pay range.

That last part is quietly important. It means asking "what is the range for this role?" is now protected in Virginia, not just allowed.

For Maine, I did not verify the state's rules on salary history for this piece, and the summaries I found focused on posting and record-keeping, so check Maine's labor department if that is your situation.

The practical effect of a salary history ban is that your last paycheck stops being the floor for your next one. Anyone who has ever been underpaid early in a career, and carried that number from job to job like a stone in a shoe, will see why this matters.

Tactics that still work in states without such a law

Most states do not have these rules, and many postings still show nothing. A few approaches carry over:

Ask for the range early and plainly. "Could you share the range budgeted for this role?" is a normal question, and many recruiters will answer. If they will not, that is information too.
Use public ranges from similar employers. If a company in a covered state posts a range for a comparable job, it is a decent proxy for the market.
Turn the salary history question around. You can say, "I'd rather focus on what this role is worth and what I'd bring to it." Say it calmly. It works better as a redirect than as a refusal.
Remote roles change the picture. Some employers with remote openings follow the strictest state's rules across the board. If a remote posting lists a range, that is worth screenshotting.

How the laws apply to internal promotions and transfers

This is the part many employees miss. Virginia's requirement reaches promotions and transfers, not just outside hiring, and summaries describe it as covering internal postings as well. So if your company posts an internal opening, the range should be on it.

Maine's law adds a different tool: employers are required to disclose the pay range to a current employee upon request. If you are weighing a move inside your company, you can ask for the range for your own role and for the one you want.

Either way, you can walk into a promotion conversation knowing roughly where the number sits.

What recourse exists if a posting or question breaks the law

Summaries of Virginia's law say it includes a private right of action. A person who believes a posting or inquiry violated the law may sue, generally within one year, and civil penalties are described as up to $1,000 for a first violation and up to $5,000 for later ones. There is also a cure provision: if an employer fixes a defective posting within fifteen business days of notice, an action for that violation may be barred.

If you think a posting is non-compliant, a measured first step is to note the date, save a screenshot, and email the employer's HR contact to point it out. That gives them the chance to correct it, which is often what you want if you still hope to work there. For anything more serious, your state labor department or an employment attorney is the right next call.

A negotiation script and a state-coverage checklist

Here is a script that uses a posted range. Adjust the words to sound like you.

"Thank you for the offer. I'm excited about this role. The posting listed a range of [low] to [high]. Based on my experience with [two specific things you've done] and the scope you described, I'd like to discuss a base salary of [number in the upper half]. I'd also like to understand the full package, including [bonus / equity / retirement match / health coverage], so I can compare accurately."

If they say the offer is at the low end, you can reply:

"I understand there's flexibility in the posted range. What would it take for us to get closer to [your number]?"

Then stop talking and let the silence do some work.

And here is a quick coverage checklist to run before you apply:

Which state is the role based in, and is it remote or hybrid?
Does that state or city require posted pay ranges? Check its labor department website.
If the state is Virginia or Maine, is the range present in the posting?
For Maine, does the employer have ten or more employees?
Is the range good-faith? Wildly wide ranges deserve a polite question.
Does the posting mention benefits? If not, ask before accepting.
Have you been asked about salary history? In Virginia, that is a flag.
Did you save the posting with its date and range?

FAQ

Do these laws apply to remote jobs?

It depends on where the employee would work and how the statute defines coverage, and I could not confirm precise rules for remote roles. If a remote job might be filled by someone in Virginia or Maine, it is reasonable to ask whether the posting covers you.

Can I still be asked what I'm looking for?

Yes. Employers can ask about your expectations. The restriction in Virginia is on seeking and relying on your past pay, not on asking what you want going forward.

What if the posted range turns out to be unrealistic?

The law asks for a good-faith range, and the breadth of the range can be weighed. A range that seems wildly wide or has little connection to what the company actually pays is worth questioning, politely and in writing.

Is this legal advice?

No. It is a general overview based on public summaries. Statutes change, and details differ by situation, so check the text or talk to an employment lawyer before taking a formal step.

The law gives you a number to start from. What you do with the conversation after that is still yours, and it usually goes better when you walk in curious rather than combative.