Virginia Salary Transparency Law (SB 215 / HB 636): Complete Employer Guide

Overview of Virginia's Pay Transparency Law

Virginia recently enacted sweeping legislation (SB 215 / HB 636) to mandate pay transparency across the commonwealth. Effective July 1, 2026, the law requires employers to be upfront about the compensation they expect to offer for open positions, promotions, and transfers.

The law's most notable feature is its broad application: it applies to literally every employer with at least one employee in Virginia. Furthermore, the law includes a strict salary history ban, preventing employers from relying on past compensation to set future pay.

This means Virginia joins a growing list of states aggressively enforcing pay equity through transparency, aiming to close wage gaps and ensure fair negotiation practices.

Who Must Comply?

Important: Unlike laws in states like California or New York that have 15- or 4-employee minimum thresholds, Virginia's law provides no exemption for small businesses or startups. If you employ anyone and hire in Virginia, you are covered.

Requirements: What Must Be Included in Job Postings?

Virginia requires the following for all job postings, as well as opportunities for internal promotions and transfers:

• Salary Range: The minimum and maximum salary or hourly wage the employer in good faith expects to pay for the position.
• Good Faith Estimate: Ranges cannot be open-ended (e.g., "$50,000 and up") or unrealistically broad (e.g., "$1 - $1,000,000").
• Benefits (Optional but Recommended): While the core requirement is base pay, providing a general description of benefits and other compensation is widely considered best practice.

In addition to posting requirements, employers are strictly prohibited from seeking the wage or salary history of a prospective employee. They cannot rely on salary history in determining wages or evaluating the candidate.

Example: Compliant vs Non-Compliant

Remote Work Considerations

Virginia's law has a long reach. SB 215 applies to remote positions if:

• The job could be performed by a Virginia resident.
• You are accepting applications from candidates based in Virginia.

If you are an employer posting a nationwide remote role, you must comply with Virginia's requirements, which generally means publishing the salary range upfront. Failing to do so because your headquarters is out-of-state will not shield you from liability if a Virginia resident applies.

👉 Read our full guide on remote job salary disclosure

Penalties for Non-Compliance

Virginia takes enforcement seriously, offering both administrative oversight and individual recourse:

Private Right of Action: This is a critical component. An applicant or employee who is harmed by a non-compliant posting or an illegal salary history inquiry doesn't need to wait for state action; they can file a lawsuit directly against the company.

👉 See our complete penalties guide

How to Comply

To prepare for July 1, 2026, employers should take the following steps:

• Audit Job Descriptions: Review all current and upcoming job postings, both internal and external, to ensure they include good-faith salary ranges.
• Train Hiring Teams: Ensure managers, recruiters, and HR personnel understand they cannot ask candidates about their salary history.
• Establish Compensation Bands: If you don't already have formalized salary bands for your roles, now is the time to create them to ensure ranges are justifiable and equitable.
• Update Applications: Remove any fields on employment applications that ask for past compensation.

Sources & Additional Information

For official guidance and the text of the law, please refer to the Virginia Department of Labor and Industry:

• Virginia Department of Labor and Industry (DOLI)