Salary Transparency Laws in Minnesota: What Employers Must Disclose

Federal law does not require employers to disclose salary ranges in job postings. The U.S. Equal Employment Opportunity Commission (EEOC) does not enforce salary transparency mandates at the federal level. However, the Fair Pay Act and various equal pay enforcement mechanisms under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Equal Pay Act of 1963, 29 U.S.C. § 206, address pay discrimination indirectly by allowing employees to challenge discriminatory wage practices. The Federal Trade Commission (FTC) has proposed rules requiring salary transparency, but these are not yet law.

Some federal contractors are subject to pay transparency requirements under Executive Order 11246, which requires federal contractors to maintain records showing applicant flow and compensation. The Paycheck Fairness Act, though not universally enacted, would strengthen federal pay equity enforcement. Currently, no federal statute mandates that private employers disclose salary ranges in job postings to job applicants.

Minnesota Statutes section 181B.035 imposes mandatory salary range disclosure requirements that are significantly stronger than any federal requirement. The law applies to all employers with at least one employee, regardless of size or industry. Employers must disclose the minimum and maximum salary or hourly wage for any job posting, whether for new hires, promotions, or transfers. A job posting is defined as any announcement of a job opening, including internal notices and postings on the employer's website, job boards, or other platforms.

The salary range must be based on what the employer in good faith believes it will pay for the position at the time of posting. Employers cannot require job applicants to disclose prior salary history as a condition of applying for or considering an applicant for a job position, though applicants may voluntarily disclose it. This ban on salary history inquiries aligns with pay equity goals.

Minnesota's law is broader than many state laws because it applies to all employers, not just those above a certain size threshold. The law covers remote positions, contract positions, and positions filled by independent contractors if a job posting is created. Unlike some states that allow employers to omit ranges for confidential positions or certain roles, Minnesota requires disclosure for all posted positions without categorical exceptions.

Under Minnesota Statutes section 181B.036, violations are subject to civil penalties. An employer that violates the salary range disclosure requirement or the salary history inquiry prohibition is subject to a civil penalty of up to $4,000 per violation. The Minnesota Department of Labor and Industry enforces the statute. An employee or applicant who is harmed by a violation may also recover actual damages, reasonable attorney's fees, and costs. This creates a private right of action in addition to agency enforcement.

Minnesota Statutes section 181B.035 does not provide blanket exceptions for certain job categories, though the statute's application may depend on how job postings are defined and whether a posting is actually created. Remote positions must include salary ranges if posted, and no special exception exists for remote workers. Confidential positions or executive roles do not have categorical exemptions from the disclosure requirement.

However, the salary range requirement applies only when an employer creates a job posting. If an employer does not post a position publicly and hires through networking, referrals, or informal processes without creating a written or electronic posting, the salary range disclosure requirement may not apply. This distinction is important because it means the statute does not require employers to proactively disclose ranges before a posting is created.

The salary history inquiry prohibition does not prevent applicants from voluntarily disclosing prior salary. Employers can accept and consider voluntarily provided salary history information. Additionally, the prohibition on salary history inquiries applies to inquiries made of applicants or candidates; it does not restrict an employer's internal analysis of compensation for existing employees.

Unions and collectively bargained positions are not explicitly exempted, meaning the statute likely applies to union job postings as well. Small employers have no exemption; even a one-person operation must comply. Temporary positions, seasonal positions, and gig work positions are covered if posted. The statute does not provide an exception for economic hardship or business-specific circumstances.

Step 1: Document the violation. If you are a job applicant or employee, save screenshots or printed copies of the job posting that lacks a salary range. Record the date you viewed the posting, the URL or platform where it was posted, the job title, and the employer name. If you applied for the position, save your application confirmation and any communications from the employer. If the employer asked you to disclose prior salary, document that request in writing (email screenshot, saved messages, handwritten notes with date and time).

Step 2: Attempt an internal complaint process if practicable. Contact the employer's human resources department or hiring manager in writing (email is acceptable) and point out that the job posting lacks the required salary range under Minnesota Statutes section 181B.035. Give the employer a reasonable opportunity to respond and correct the posting, usually 10–14 days. Keep copies of all communications. This step may motivate the employer to comply and create documentation of the violation if needed later.

Step 3: File a complaint with the Minnesota Department of Labor and Industry (DOLI). File online at https://www.dli.mn.gov/ or by mail to Minnesota Department of Labor and Industry, Wage and Hour Division, 443 Lafayette Road North, St. Paul, MN 55155. You can also call the Wage and Hour Division at 651-284-5005 for guidance. Provide your name, contact information, the employer's name and address, the job posting details (URL if applicable, date posted, job title), a description of the violation (missing salary range or prohibited salary history question), and copies of the posting or communications. There is no filing fee. There is no statutory filing deadline explicitly stated in section 181B.035, but file as soon as possible to preserve evidence.

Step 4: Participate in the DOLI investigation. Once you file, DOLI's Wage and Hour Division will investigate. They will contact the employer to obtain information about the job posting, the salary range (if the employer claims one exists), and the hiring process. The investigation typically takes 30–60 days, though complex cases may take longer. You may be asked to provide additional information or evidence. DOLI will determine whether a violation occurred. If DOLI finds a violation, the employer may be assessed a civil penalty of up to $4,000 per violation. DOLI will notify you of the outcome.

Step 5: Consider consulting an attorney and filing a private action if necessary. If DOLI does not pursue the matter or if you wish to pursue damages beyond agency enforcement, you have a private right of action under Minnesota Statutes section 181B.036. You can file a civil lawsuit in Minnesota district court seeking actual damages (such as lost wages if the lack of transparency caused you to not apply or negotiate effectively), reasonable attorney's fees, and costs. Contact a Minnesota employment law attorney who handles wage and hour or discrimination cases. Many employment attorneys work on contingency for violations like this, meaning they take a percentage of the recovery rather than an upfront fee. Filing a private lawsuit does not require exhausting DOLI first.