Pay Transparency Requirements Take Effect in Virginia

By Mitchell Chamberlin

As of July 1, 2026, Virginia employers must comply with a number of pay transparency requirements stemming from the passage of HB 636. Unlike pay transparency laws in many other states, Virginia’s law does not have an employer size threshold, meaning all private employers with employees in the state must comply with these requirements.

As a result of this bill, employers cannot:

• Ask for salary history from a prospective employee
• Rely on salary history when considering a prospective employee or determining what to pay a new hire (with limited exceptions)
• Retaliate against a prospective or current employee for not providing salary history or for requesting salary range information
• Post open positions, either internally or externally, without including salary range information
• Fail to set a salary range for an open position in good faith

Employers that violate these requirements have up to 15 business days to correct such violations once notified in writing. Employers that do not are subject to a civil penalty of up to $1000 for the first violation and up to $5000 for subsequent violations. Additionally, prospective or current employees may bring legal action against an employer that violates these requirements for up to one year from when the violation occurred.

DCI is tracking pay transparency requirements across the United States. Check out our interactive State Legislation Tracker to learn more.