Quick Answer: Employee thresholds vary by state. Colorado: 1+ (all employers). New York: 4+. California: 15+. Massachusetts: 25+. The threshold counts ALL employees nationwide, not just in the state.
Employee Thresholds by State
| State | Employee Threshold | Your 8-Person Company? |
|---|---|---|
| Colorado | 1+ (no minimum) | Must comply |
| New York (City & State) | 4+ | Must comply |
| California | 15+ | Exempt |
| Washington | 15+ | Exempt |
| Illinois | 15+ | Exempt |
| Massachusetts | 25+ | Exempt |
Hiring in Colorado or NYC? You're Covered.
Even small businesses must disclose salary.
Generate Compliant Posting →How Employees Are Counted
- Nationwide count - All employees anywhere, not just in the state
- Full-time + part-time - Both typically count
- Contractors - Usually NOT counted (W-2 only)
- Temp workers - Depends on who employs them
What If I'm Just Below the Threshold?
If you're at 14 employees and hiring 1 in California, you'll hit the 15-employee threshold. Plan ahead.
Best practice: Start disclosing salary now, even if technically exempt. It's good for candidates and prepares you for growth.
Who This Applies To
CO and NY apply
Most states apply
Not yet - but soon
Multi-state exposure
Don't Guess - Check
Our tool tells you exactly which laws apply based on your posting locations.
Check My ComplianceHelpful Resources
-
The 2026 Pay Transparency Playbook
A comprehensive guide to navigating changing salary disclosure laws across North America.
-
State-by-State Labor Department Links
Direct resources from regional labor boards regarding enforcement protocols.
-
The Hidden Costs of Non-Compliance
Understand the shift towards aggressive audits and pay equity litigation in 2026.
Sources & Legal References
- SBA compliance resources — Brief description
Last verified: October 2026. Laws and regulations are subject to change. Consult qualified legal counsel for specific compliance guidance.