Governor Wes Moore has signed into law a bill that will expand Maryland employers’ pay transparency obligations. Beginning October 1, 2024, all employers must disclose in job postings a good faith wage range including a general description of benefits and other compensation offered for any positions which are physically to be performed in Maryland, at least in part. Employers who choose not to post, must affirmatively disclose the same information upon the applicant’s request and before discussing compensation.
Prior to arriving at the wage range, employers must set the wage range in good faith which means identifying the minimum and maximum hourly rate or salary for a position considering business projections, budgets, etc. The requirements apply to both external and internal job postings. Maryland’s DOL will develop and make available to employers a form which may be used to comply with the law’s requirements. In addition, employers will be required to maintain records demonstrating compliance with the law for each position filled or posted.
Importantly, the law also adds to the list of anti-retaliation laws and prohibits employers from retaliating against an applicant or employee for exercising any rights under the law. Applicants and employees may also make complaints to Maryland’s Department of Labor. Compliance mechanisms available include financial penalties weighing the gravity of the violation; the size of the business; the employer’s good faith; and any history of violations.
