Salary Transparency Laws in Maryland: What Employers Must Disclose

The federal Equal Pay Act, 29 U.S.C. § 206(d), requires employers to pay workers equally regardless of sex for substantially equal work. However, the federal law does not mandate salary range disclosure during recruitment. The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime requirements but does not require transparent pay practices.

Federal law also prohibits retaliation under 29 U.S.C. § 215(a)(3) for discussing wages. The National Labor Relations Act, 29 U.S.C. § 157, protects employees' rights to discuss wages as a collective bargaining matter. The EEOC enforces equal pay obligations, but disclosure mandates are primarily a state-level responsibility. Federal contractors with 50+ employees must comply with affirmative action requirements under Executive Order 11246, which includes pay equity auditing, but this is narrower than state salary transparency laws.

Maryland Code, Labor and Employment Article § 3-701 requires employers with 15 or more employees to provide salary ranges for positions to job applicants upon request and to existing employees upon request. The statute defines "salary range" as the compensation the employer reasonably expects to offer for a specific position.

Maryland's law is broader than federal requirements because it mandates proactive disclosure or responsive provision of salary ranges, whereas federal law focuses on equal pay enforcement after hiring. The state law covers all employers with 15+ employees in Maryland, with no industry carve-outs. Under Maryland Code § 3-307, employers cannot prohibit employees from discussing wages, discussing wage-related information, or inquiring about another employee's wages—a protection stronger than federal law in explicitly codifying wage discussion rights.

Maryland also prohibits retaliation against employees who request salary range information, discuss wages with coworkers, or file complaints about wage transparency violations. Remedies available under state law include injunctive relief, unpaid wages, liquidated damages equal to the amount of unpaid wages, and attorney's fees and costs. The Maryland Department of Labor enforces these provisions. Unlike federal equal pay law which requires a showing of intentional discrimination, Maryland's salary range disclosure law is prospective and structural, requiring transparency regardless of intent.

Maryland law excludes employers with fewer than 15 employees in the state, meaning small employers are not covered by salary range disclosure requirements under § 3-701. However, wage discussion protections under § 3-307 apply more broadly and may cover smaller employers in certain contexts.

The law does not apply to independent contractors or to positions where the employer cannot reasonably determine a salary range, though this exception is narrowly construed. Federal employees and state government employees may be covered under different statutory frameworks. Positions filled through temporary staffing agencies may have different disclosure obligations depending on whether the agency or the hiring employer is considered the "employer" under the law.

The statute permits salary range adjustments based on legitimate factors including merit, seniority, production, experience, education, specialized skills, geographic location, and market conditions, provided the employer can document these factors. Collective bargaining agreements may establish alternative compensation transparency procedures if the parties negotiate such terms, though the agreement cannot eliminate protections against retaliation for wage discussions.

Employers are not required to disclose salary ranges for positions where compensation is determined by commission, sales, bonuses, or other variable pay structures, though Maryland courts and the Department of Labor may interpret this narrowly to require ranges even for variable roles.

Step 1: Document the violation. Keep records of all communications requesting salary range information, including emails, applications, or conversations with HR or hiring managers. Document the date of your request, who you asked, and any refusal or delay in response. If your employer prohibited wage discussions with coworkers, document the date, who made the statement, and witnesses. Retain any written policies that restrict wage discussion.

Step 2: Attempt internal resolution (recommended but not required). Submit a written request for the salary range to HR or your manager, keeping a copy. Request the information in writing via email to create documentation. If prohibited from discussing wages, request written clarification that wage discussion is permitted under Maryland law. Give the employer a reasonable opportunity (5-10 business days) to respond before escalating externally.

Step 3: File a complaint with the Maryland Department of Labor. Visit the Department's website at moll.maryland.gov or call (410) 767-2353. File a wage and hour complaint or salary transparency complaint. You will need to provide: your name and contact information, employer name and location, date of the violation or request, specific facts describing the violation, the position applied for or held, and documentation of your request for salary range information. There is no specified filing deadline in the statute, but Maryland's wage claim statute of limitations is three years, so file within that window.

Step 4: Expect the investigation process. The Maryland Department of Labor will contact your employer and request documentation showing compliance with salary range disclosure requirements. The investigation typically takes 30-60 days. Your employer must provide evidence that salary ranges were disclosed to you or a valid reason for non-disclosure. The agency will interview witnesses and review company policies on wage discussion. You will be asked to provide additional documentation or clarification during this period.

Step 5: Consult an employment attorney if the violation involves significant wage loss, retaliation, or if the Department of Labor's investigation does not result in a favorable determination. An employment lawyer can file a civil action in Maryland court, pursue damages including unpaid wages and liquidated damages, and recover attorney's fees. This is particularly important if your employer has retali­ated against you for requesting salary information or discussing wages with coworkers.