There is no federal requirement. Published counts for 2026 range from fourteen to eighteen states plus the District of Columbia, and the spread exists because sources bundle three different obligations together: a range in the posting, disclosure on request, and a salary history ban. Colorado was first, effective January 2021, and its rule applies to any employer with even one in-state employee.
Why no two lists agree
Compliance guides published within weeks of each other in 2026 report fourteen, sixteen, seventeen and eighteen states. None is lying. They are counting different obligations:
A range in the posting itself. The strictest and the one most people mean.
Disclosure on request or before an offer. A real right, and it requires you to ask.
A salary history ban. Stops the employer anchoring on your last job, and says nothing about what they must tell you.
A guide counting all three arrives at a much larger figure than one counting postings alone. So the number in a headline tells you about the author’s method, not about your job.
What is stable enough to rely on
Colorado’s Equal Pay for Equal Work Act took effect in January 2021, was the first of its kind, and covers any employer with at least one Colorado employee. It requires the compensation range, a general description of benefits, and notice to employees of promotional opportunities.
California has required a pay scale in postings since January 2023 for employers with fifteen or more employees, and the definition was tightened effective January 2026 to specify a good-faith estimate of what the employer reasonably expects to pay.
Delaware has passed a law that does not take effect until September 2027, which is a reminder that “has a law” and “is in force” are different states of affairs.
How to answer the question for your own job
Find your state labor agency’s own page rather than a vendor’s summary, check the employee threshold, and check whether the obligation is on the posting or on request. Three questions, one primary source, and an answer that is actually about you.
Why it is worth knowing either way
Because a posting without a range in a state that requires one is information, and because in a state that does not require one, asking is still free.
Common questions
How many states require a posted salary range?
Published 2026 counts range from fourteen to eighteen including DC, because sources count posting rules, disclosure on request and salary history bans differently.
Is there a federal law?
No. Every requirement comes from a state or city, and a bill introduced in Congress in 2023 remains pending.
Which state was first?
Colorado, effective January 2021, and its rule covers any employer with even one Colorado employee — there is no size threshold.
Where should I check for my own state?
Your state labor agency's own page rather than a compliance vendor's list. Check the employee threshold and whether the duty is on the posting or on request.
Does a passed law mean it applies now?
Not necessarily. Delaware's law was enacted in 2025 and does not take effect until September 2027.