What happened?

On January 12, 2024, the Mayor of the District of Columbia signed legislation requiring employers to disclose salary ranges in all job listings and position descriptions advertised, as well as to prior to an interview, any healthcare benefits they may receive. 

What are the details?

• Mayor Bowser signed enacted D.C. Act 25-367 “Wage Transparency Omnibus Amendment Act of 2023” which will amend the Wage Transparency Act of 2014.

The laws require employers to do the following for job advertisement, promotion, or transfer:

• Post of salary ranges (minimum and maximum range) or hourly pay range
• Prohibits employers from requesting or seeking a potential employee’s wage history from either the potential employee or previous employer(s). 
• Disclose available healthcare benefits to candidates before the first interview. 
• Post a notice about the employees’ rights. 
• The D.C. Attorney is responsible for enforcing violations. 
• Prohibits retaliation to employees who discuss compensation. 

Some questions remain, such as:

• How to perform the employee count (Do remote or hybrid employee’s count?)
• Should the notice be provided to remote employees?
• For all the details, read the engrossed bill here: D.C. Act 25-367. 

Business Considerations 

• Conduct an audit of employee compensation to determine any discrepancies in pay that may be apparent to current employees once salary ranges are included on job postings.
• Review and update the current job postings to comply with the new requirements by June 30, 2024.
• Review and update your pay scales and benefits to provide accurate information to employees and prospective employees.
• Plan communication and training in your organization regarding the new requirements. 
• Review the updated requirements with the HR personnel or department regarding interviews.
• Create or update policies to ensure personnel do not ask for wage history information.
• Prospective employees may anticipate receiving the higher end of a posted salary range, so be prepared to offer an objective explanation if an offer does not match their expectations.
• Make electronic and physical notices to properly comply with the posting requirement. 

Resources 

• D.C. Act 25-367
• District of Columbia Municipal Regulations and District of Columbia Register

Source References

• Washington D.C. is Set to Join the Trend Toward Requiring Pay Disclosures in Job Postings (Seyfarth Shaw LLP.)
• District of Columbia Council Puts Pay Transparency on Path to Application to Employers (Jackson Lewis P.C.)
• District of Columbia Enacts New Pay Transparency Law (McGuireWoods LLP)

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