What happened?

On April 1, 2024, the Maryland legislature passed HB 649 which, if signed by Governor Wes Moore, will mandate pay information in job postings as a transparency measure aimed at reducing pay inequity. 


What are the details? 

If approved, employers would be required to:

• Disclose in each public or internal posting for each job position:
  • Wage information range (in minimum and maximum salary or hourly rate).
  • Any other compensation offered for the position.
    
• If the public or internal posting was not made available to an applicant for the position, the above information must be made available to the candidate (applicant or current employee):
  • Before a discussion of compensation is held.
  • Any other time on request of the applicant.
    
• Post in each public or internal posting the required information in the law.

• Prohibits taking a retaliatory action against the candidate for exercising any rights under the act.
• Recordkeeping for at least 3 years.

The Maryland Division of Labor and Industry must develop a form that employers could use to communicate the required pay and benefits information to comply, and employers would be able to comply by including the completed form in each public or internal job posting and otherwise making it available to applicants as required. 

If an employer is non-compliant, after a notice to cure, fines can be imposed for each employee or applicant ranging from $300 to $600. 

Business Considerations 

• Be proactive and update (or create) your policies and practices regarding onboarding. 
• Update or develop a job posting that complies with the requirements. 
• Although penalties for non-compliance seem low, they can quickly add up. 

Resources

• HB 649

Source References

• Maryland Job Ad Pay Transparency Bill Heads to Governor’s Desk (Bloomberg Industry Group, Inc.)
• Maryland Set to Pass Updated Pay Transparency Law (Trusaic)

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