Employers preparing an Illinois Equal Pay Registration Certificate (EPRC) submission should prepare for changes to the state’s employee data reporting requirements. Beginning Jan. 1, 2027, the Illinois Department of Labor (IDOL) will no longer accept submissions that report an employee’s sex or race as “prefers not to identify.”

This is a change to IDOL’s EPRC submission process, rather than a new statutory or regulatory amendment. The Illinois Equal Pay Act requires covered businesses to report employee wage data separated by gender, race, and ethnicity and authorizes IDOL to require other information needed to evaluate pay equity. The implementing regulations similarly require employers to submit that information in a format specified by IDOL, which has been via a text-searchable, sortable Microsoft Excel file (a template of which is provided on the IDOL’s website).

IDOL’s EPRC FAQs explain that earlier versions of the spreadsheet template permitted “prefers not to identify” entries. IDOL states that increased use of the designation has impeded its ability to enforce the Illinois Equal Pay Act. As of Jan. 1, 2027, IDOL will require businesses to use a revised template that does not include “prefers not to identify,” and the agency will reject submissions that denote that option.

The change does not require employees to self-identify, and IDOL describes voluntary self-identification as the preferred method for collecting demographic information. If an employee declines to self-identify, IDOL’s FAQs identify existing employment records and observer identification as possible sources for the required information. Employers should approach those alternatives carefully and consider potential risks before assigning demographic information an employee did not provide. An employer may also submit an explanatory document addressing an individual employee’s circumstances.

Covered private employers with at least 100 Illinois employees should check their next EPRC filing date and review their data before submission. In particular, employers should identify any “prefers not to identify” entries, and determine how those records will be reported. Employers should obtain the updated template from IDOL rather than reusing a previously downloaded version.

If you have questions about your organization’s Illinois EPRC submissions, contact a Jackson Lewis attorney to discuss.

With the fourth quarter underway, employers should confirm that their ongoing job-posting practices reflect pay transparency changes that took effect in 2026. Virginia and Maine added pay disclosure requirements for job postings, while Connecticut expanded its existing requirements. Employers should check the applicable rules to determine which opportunities are covered and what information must appear in postings. Read our pay transparency update for a closer look at the three states’ requirements.

California’s May 2027 pay data reports will use 23 job categories based on the federal Standard Occupational Classification (SOC) system, replacing the 10 EEO-1 categories used in prior reports. Employers should consider using the remainder of 2026 to map their jobs into the new categories, resolve classification questions, and check that their systems can support the change. Read more about California’s expanded pay data categories and practical steps to prepare.

California enacted SB 1237 on Sept. 30, 2026, increasing the maximum penalty for repeat pay data reporting failures fivefold, from $200 to $1,000 per employee. The enhanced penalties will apply to the May 2027 filing cycle. Read more about California’s higher penalties.

As a reminder, beginning Oct. 1, 2026, Connecticut employers will have broader obligations to disclose wage ranges and benefits information to applicants and employees.

Under the new law, employers must include the wage or wage range and a general description of benefits in internal or public job postings. The law covers positions performed in Connecticut and certain positions outside the state that report directly to a supervisor, office, or other worksite in Connecticut.

It is important to note the new posting mandate supplements, rather than replaces, Connecticut’s existing wage range disclosure requirements. Employers must continue to provide employees with the wage range for their positions at the time of hire, upon change in position, and upon the employee’s first request. Beginning Oct. 1, employers must also provide a general description of benefits at each of those points.

For an unadvertised position, an employer must provide an applicant with the wage range and a general description of benefits upon request or before discussing or offering compensation, whichever occurs first. The law also prohibits retaliation and allows applicants and employees to bring a private action within two years of an alleged violation.

Employers should review their job posting templates and disclosure procedures before Oct. 1. They should also confirm that wage ranges are set in good faith and prepare general descriptions of available benefits.

If you have questions about Connecticut’s pay transparency requirements, contact a Jackson Lewis attorney to discuss.

Virginia employers should keep in mind that significant employment law changes take effect July 1, 2026, including new pay transparency requirements for job postings and a ban on salary history inquiries. Read more about what employers need to know here.

European Union (EU) Member States are taking uneven approaches to implementing the EU Pay Transparency Directive, creating new compliance considerations for multinational employers. Employers should assess where differing country-specific requirements may apply. Read more about four key points employers should keep in mind as implementation deadlines approach.

Connecticut employers will soon need to provide pay transparency disclosures in their internal and external job postings.

New Posting Requirements

Under Public Act 26-12 (House Bill 5003), which goes into effect on Oct. 1, 2026, employers must disclose the wage or wage range for positions in internal or external job postings. Currently, when in the process of hiring a new employee, Connecticut employers are only required to provide the wage range upon an applicant’s request, prior to or at the time of an offer of compensation, or at the time of hire. The new law will require employers to be transparent about wages from the outset.

Not only will employers need to disclose wage information in their job postings, but they will also be required to include a general description of benefits.

Importantly, the new law answers an open question about the applicability of the statute to out-of-state employers and employees. It provides: “The provisions of this section shall apply to any position in which the duties of such position will be performed within the state or in which the duties for such position will be performed outside of the state but requires the employee performing such duties to report directly to a supervisor, office or other worksite located within the state.”

The statute also closes other gaps in the pay transparency timeline. If an employer has not posted a position, then the same information must be provided before any compensation discussion. For existing employees, the same information must be provided at hire, at role change, and upon request.

The new law also prohibits retaliation against applicants or employees who exercise their rights and clarifies that a private right of action must be brought within two years of the claimed violation. The new law also removes punitive damages as a category of recoverable damages.

Open Questions

The statute defines “wage range” as the range the employer “sets in good faith for a position,” which may be based on a pay scale, a previously determined range, the actual range for comparable employees, or the employer’s budgeted amount. It also defines “benefits” as “health insurance benefits, retirement benefits, fringe benefits, paid leave and any other compensation other than wages to be offered with a position.”

What this means in practice is still to come. Other states with similar pay transparency laws have taken different paths on the level of required detail, particularly for benefits descriptions and the breadth of wage ranges.

Employers should monitor for forthcoming guidance from the Connecticut Department of Labor.

Takeaways

Once the new law goes into effect, employers should plan to include wage and benefits information in job postings. When no position is posted, employers still should be prepared to provide the required information before compensation is discussed. Employers should review their hiring and posting practices now to ensure the ranges they publish and the benefits they describe are accurate, supportable, and consistently applied.

If you have questions about these developments or would like to discuss national pay transparency compliance, please contact a Jackson Lewis P.C. attorney. Our Workplace Analytics and Preventive Strategies practice group is tracking these requirements nationwide.

Maine recently enacted a pay transparency law that will require certain employers to disclose pay ranges in job postings and maintain records of employees’ compensation history. On April 24, 2026, Gov. Janet Mills signed into law H.P. 18/L.D. 54, “An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees’ Pay Histories.”

Starting July 29, 2026, employers with 10 or more employees will be required to include a pay range in job postings. The statute defines “range of pay” as the range an employer anticipates relying on when setting compensation for a position, including, for example, any applicable pay scale, a previously determined wage range for the position, the actual range for those in equivalent positions, or the amount budgeted for the position. The law does not state whether the 10-employee threshold is measured based on employees located in Maine or the employer’s total workforce.

The law carves out a limited exception for positions paid entirely on commission. For those roles, a posting does not need to include a pay range, but it must indicate that compensation is paid solely on commission.

The disclosure requirements apply to both electronic and hard copy postings, whether the employer posts the position directly or uses a third party. Regardless of employer size, at an employee’s request, an employer must disclose the pay range offered for a position the employee holds.

In addition to its posting requirements, the law also imposes recordkeeping obligations for employers of any size. Employers must maintain a record of each position an employee holds and the employee’s pay history in each position throughout employment and for three years after employment ends.

The new law builds on existing Maine law prohibiting employers from seeking an applicant’s salary history prior to making an offer and protecting employees’ ability to discuss their compensation with others.

The law also allocates funding to the Maine Department of Labor (MDOL) to support enforcement. It does not, however, expressly create a private right of action. Fines are currently set between $100 and $500 for each violation. Further guidance from the MDOL, including potential rulemaking, is expected regarding enforcement.

Employers with hiring activity in Maine should begin preparing now by reviewing posting templates, identifying how pay ranges will be set and documented, confirming who is responsible for responding to employee requests, and evaluating whether existing record-retention practices are sufficient to meet the new law’s requirements.

If you have questions about Maine’s new pay transparency law or similar compliance obligations in other states, contact a Jackson Lewis P.C. attorney.

On April 22, 2026, Virginia enacted House Bill (HB) 636 and Senate Bill (SB) 215, companion bills that expand pay transparency requirements and limit how employers may seek and use applicants’ compensation information.

Under the new law, employers are prohibited from seeking the wage or salary history of a prospective employee or relying on that history when considering the individual for employment. Employers also may not rely on wage or salary history when setting compensation upon hire, subject to a limited exception when an applicant voluntarily discloses that information without the employer’s prompting.

The law further prohibits employers from refusing to interview, hire, employ, or promote an individual, or otherwise retaliating against a prospective or current employee, because the individual did not provide wage or salary history or requested a wage or salary range.

HB 636 and SB 215 also require employers to disclose the wage, salary, or wage or salary range in each public and internal posting for a job, promotion, transfer, or other employment opportunity. Employers must establish these wage or salary ranges in good faith. In assessing good faith, the breadth of the range may be considered, among other factors.

Violations of the new law carry civil penalties of up to $1,000 for the first violation and up to $5,000 for subsequent violations. In addition, a prospective employee or an employee may bring an action within one year of an alleged violation of this law, and they may recover actual damages and other legal and equitable relief the court deems appropriate. Virginia is now one of only two states, alongside Washington, to provide an express private right of action for violations of job-posting requirements. Before an aggrieved individual may bring a civil action for certain violations based on an employer’s failure to disclose pay in a posting or to set a wage or salary range in good faith, the law gives employers an opportunity to correct the posting on original posting locations within 15 business days after receiving written notice.

The new law goes into effect on July 1, 2026. Employers with Virginia operations should review hiring practices, job posting templates, and compensation-setting procedures to prepare to comply with the new law.

If you have questions about Virginia’s pay transparency requirements and how they could affect your organization, contact a Jackson Lewis attorney.