July sees new wage and salary history obligations come into effect in Virginia, with civil penalties of up to $5,000 for repeat violations. Learn about the new bill and its requirements in this compliance alert.
Summary
Virginia has joined the swelling ranks of states and localities enacting pay transparency laws with House Bill 636, approved on April 22, 2026, and set to take effect on July 1, 2026.
The act amends the state code by adding § 40.1-28.7:12, which both prohibits employers from seeking the wage or salary history of prospective employees and requires employers to disclose wage or salary ranges in all job postings.
Employers must not directly question, make indirect inquiries, or perform background checks to obtain pay information. However, the act allows employees to voluntarily offer wage or salary history. Employers can then use (and seek to confirm) this information, but only “to support a wage or salary higher than the employer’s initial offer of compensation only to the extent that the higher wage or salary does not violate the provisions of § 40.1-28.6 or federal law.”
Meanwhile, the wage or salary ranges provided in job postings must be set in good faith, reflecting the employer’s genuine expectations for the role. Prospective and current employees who request this information are also protected from retaliation.
Employers who are found in violation of these new obligations will receive written notice, and can avoid enforcement action if they cure the violation within 15 business days. Otherwise, the Virginia Attorney General can impose civil penalties of up to $1,000 for a first violation, and up to $5,000 for subsequent violations. The employer will be additionally liable for damages and other legal and equitable relief.
Who Is Impacted and What Actions Are Required?
Virginia’s law has set no employer size threshold, so it can be assumed that it applies to any organization doing business in the state, from July 1, 2026, onward.
The following actions are recommended:
- Audit current practices, and train HR personnel, recruiters, and hiring managers: All personnel need to understand the new prohibitions against seeking wage and salary history, as well as the new requirements for any job postings they create.
- Update application forms, interview guides, and job postings: Templates and currently active materials must be updated to remove wage and salary history fields and disclose wage and salary ranges, as applicable.
- Establish wage and salary range guidelines: Create salary ranges for each existing position in your organization and base them on legitimate factors. Additionally, implement an internal review process to ensure these ranges are consistently applied and updated.
- Update anti-retaliation and EEO policies: Ensure your policies reflect the new requirements, if they don’t already.
Organizations should additionally consider creating a rapid response procedure in order to address any written notice of noncompliant job postings.
How Affirmity Can Help
Lay solid foundations for your salary range and compensation decision-making processes with Affirmity’s compensation and pay equity analysis services. Take a proactive approach to fair pay, eliminate disparity, and get assistance in states with pay data reporting requirements.
Virginia is unlikely to be the last state to implement pay equity and transparency measures—learn how our newly launched HR compliance guidance solution, Employment Law Navigator, helps you stay ahead of incoming laws in this and other domains.
Protect your organization and learn more about what Affirmity has to offer: Contact our team of experts today.
About the Author
Kim Hendon oversees account management and sales for Affirmity. She is responsible for building successful, long-term partnerships with clients and generating new business. Having served with the company for more than 25 years, Ms. Hendon has in-depth knowledge and broad experience in all areas of workforce analytics and HR compliance.
Ms. Hendon assists clients with the planning and development of workforce compliance and non-discrimination programs, as well as employee engagement initiatives. She holds a Bachelor of Arts in Speech Communication and a Master’s in Business Administration. Connect with her on LinkedIn.