Enforcement generally runs through the state labor agency rather than a private lawsuit, and penalties are assessed per violation. Colorado provides for $500 to $10,000 per violation and California for $100 to $10,000, with a first violation sometimes curable. Some states allow anyone to file a complaint rather than only applicants, which is why enforcement does not depend on a candidate being willing to identify themselves.
Who enforces it
Typically the state labor department or attorney general. A few states create a private right of action in specific circumstances, but the default route is an administrative complaint, and that is deliberate — it does not require the person harmed to sue their prospective employer.
What the penalties look like
Per violation, not per employer, which is what makes them meaningful: a company posting hundreds of non-compliant advertisements is exposed on each one. Colorado’s range is $500 to $10,000 per violation; California’s is $100 to $10,000, and a first violation can be curable if the posting is fixed.
The curable-first-violation design tells you what these laws are for. The objective is compliant postings, not revenue.
How to complain
Through the state labor agency’s own complaint form, with the posting URL, a screenshot and the date. Screenshot first — non-compliant postings are frequently edited once someone asks about them, and then there is nothing to look at.
Whether it is worth doing
If you are mid-process with an employer you want to work for, weigh it honestly; retaliation protections vary and are not absolute. If you are not, it costs a few minutes and several states accept complaints from anyone, which is precisely so that the burden does not fall on the person applying.
What it will not do
Get you the job, or get you a number. Enforcement changes the employer’s future postings rather than your current application, and expecting more than that from it leads to disappointment.
Common questions
Who enforces posting requirements?
Usually the state labor department or attorney general through an administrative complaint, rather than the applicant suing.
What are the penalties?
Assessed per violation. Colorado provides $500 to $10,000 per violation and California $100 to $10,000, with a first violation sometimes curable.
Do I have to be an applicant to complain?
Not everywhere. Several states accept complaints from anyone, which keeps the burden off the person applying.
What should I do before complaining?
Screenshot the posting with its date and URL. Non-compliant postings are often edited as soon as someone asks.
Will complaining get me the range?
No. Enforcement changes the employer's future postings, not your current application.