Salary Transparency Laws in Pennsylvania: What Employers Must Disclose

Federal law does not require private employers to disclose salary ranges in job postings, with one significant exception: federal contractors and subcontractors must comply with Executive Order 14026, which became effective January 1, 2023. This executive order requires federal contractors to provide salary ranges in all job announcements, including internal promotions.

The National Labor Relations Act (29 U.S.C. § 157) protects all employees' right to discuss wages, hours, and working conditions with coworkers without retaliation. This applies to both unionized and non-unionized workplaces. Employers cannot prohibit wage discussions, post policies against salary discussions, or discipline employees for discussing compensation.

The EEOC enforces pay discrimination laws under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Age Discrimination in Employment Act (29 U.S.C. § 623), and the Equal Pay Act (29 U.S.C. § 206). These laws address unequal pay based on protected characteristics, but do not require disclosure of salary ranges. The EEOC investigates complaints of systemic pay discrimination when employees can show disparities based on race, color, religion, sex, national origin, age, or disability.

Pennsylvania has not enacted a state-level salary transparency law. As of 2024, Pennsylvania does not require private employers to disclose salary ranges in job postings or to provide wage information to employees beyond what is required for payroll purposes. This makes Pennsylvania's approach more employer-friendly than states like California, New York, and Colorado, which have comprehensive state salary transparency laws.

However, Pennsylvania employees retain federal protections under the National Labor Relations Act (29 U.S.C. § 157) to discuss wages with coworkers. Pennsylvania employers cannot legally maintain pay secrecy policies that prohibit employees from discussing compensation. Pennsylvania does not recognize or enforce such policies.

The critical distinction in Pennsylvania is municipal-level regulation. Philadelphia and Pittsburgh, Pennsylvania's two largest cities, have enacted local pay transparency ordinances that apply to employers conducting business within their jurisdictions. Philadelphia Ordinance 19-064 requires salary range disclosure for advertised positions. Pittsburgh Ordinance 537 (2022) similarly mandates salary transparency for employers doing business in Pittsburgh, including contractors. These local laws apply regardless of where the employer is headquartered.

Additionally, federal contractors and subcontractors doing business in Pennsylvania must comply with Executive Order 14026. This federal requirement supersedes Pennsylvania state law and mandates salary range disclosure in all job announcements.

Under Pennsylvania law, there are no state-specific remedies for salary transparency violations. Employees harmed by pay discrimination based on protected characteristics may file complaints with the Pennsylvania Human Relations Commission (PHRC) under the Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq. The PHRC investigates discrimination complaints where wage inequality is tied to race, color, religious creed, ancestry, sexual orientation, gender identity or expression, national origin, sex, disability, or age.

Pennsylvania law contains significant exceptions to salary transparency protections. First, Pennsylvania has no state-level salary transparency requirement, so the default rule is that employers may withhold salary information. This exception is broad and applies to the vast majority of Pennsylvania employers outside Philadelphia and Pittsburgh.

Second, the municipal ordinances in Philadelphia and Pittsburgh contain employer defenses. Both ordinances allow employers to decline disclosing salary ranges if the position is not open to the general public or is internal-only. Philadelphia's ordinance exempts certain positions, including independent contractors and positions where the employer has posted a salary range that demonstrates compliance.

Third, federal contractors and subcontractors may still limit disclosure in cases where the salary range for a position has not yet been established due to legitimate business reasons, though this is a narrow exception and is subject to OFCCP (Office of Federal Contract Compliance Programs) scrutiny.

Fourth, Pennsylvania recognizes the common law at-will employment doctrine, which allows employers to terminate employees at any time for any non-illegal reason. An employee cannot sue an employer for refusing to disclose salary information unless that refusal is tied to discrimination or other unlawful conduct. Refusing to disclose general market salary data or competitor salary information does not violate Pennsylvania law.

Fifth, trade secret protections do not shield employers from pay transparency requirements under Philadelphia or Pittsburgh ordinances, but businesses may argue that certain compensation structures (such as equity arrangements or commission formulas) constitute trade secrets. This exception is narrowly interpreted and does not apply to stated salary ranges.

Sixth, employers are not required to disclose individual employee salaries; local ordinances require disclosure only of the salary range for the posted position. Historical salary data, compensation history from other companies, or benefits information are not covered by Pennsylvania or municipal salary transparency rules.

Seventh, Pennsylvania law does not provide a private right of action for violation of federal wage discussion protections under the NLRA. An employee cannot sue an employer in state court for maintaining a pay secrecy policy; however, the employee may file a charge with the National Labor Relations Board (NLRB).

Step 1: Document the violation. If you believe an employer is violating salary transparency requirements under Philadelphia or Pittsburgh ordinances, or if you are retaliated against for discussing wages, keep records of: (1) the job posting and any absence of salary range information (screenshot or saved copy with date), (2) dates and details of wage discussions with coworkers, (3) any written or verbal statements by management prohibiting wage discussions, (4) any disciplinary action taken against you after wage discussion or inquiry about salary ranges. Create a written summary with dates, times, and witnesses present.

Step 2: Attempt internal resolution if appropriate and safe. Review your employee handbook for a grievance or complaint procedure. If your employer has an HR department, consider filing a written complaint describing the violation and requesting remedy (such as disclosure of the salary range or reversal of discipline for wage discussion). Keep a copy of your complaint and any response. Internal complaints do not waive your right to file externally, and employers cannot retaliate against you for filing an internal complaint.

Step 3: File with the appropriate agency based on the violation type. For Philadelphia ordinance violations: File with the Philadelphia Office of the City Comptroller, Wage and Standards Enforcement Division, by email or in writing. Include the job posting date, the position title, the employer name, and how the employer violated the ordinance. For Pittsburgh ordinance violations: File with the Pittsburgh Department of Permits, Licensing and Inspections (PLI), Bureau of Labor Standards. For federal contractor violations: File a complaint with the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). OFCCP complaints must be filed within one year of the violation. For retaliation against wage discussion: File a charge with the National Labor Relations Board (NLRB) if you were disciplined or terminated for discussing wages. The NLRB has a three-year statute of limitations but encourages prompt filing. Visit www.nlrb.gov/about-nlrb/what-we-do/investigate-charges to file.

Step 4: Expect the investigation process. If you file with a municipal agency, expect an initial intake period of 2-4 weeks. The agency will contact the employer and request compliance documentation. The employer may be asked to provide the job posting, wage records, and explanation for non-compliance. This phase typically takes 30-60 days. For NLRB charges, an NLRB investigator will contact you and the employer to gather statements. The investigation phase takes 4-8 weeks. If the NLRB finds merit, it may issue a complaint and schedule a hearing before an administrative law judge. Federal contractor violations are investigated by OFCCP through a desk audit initially; if non-compliance is found, a full compliance review may follow.

Step 5: Consult an attorney if the violation involves discrimination or substantial damages. If you are being retaliated against for discussing wages, contact an employment attorney licensed in Pennsylvania who specializes in retaliation and wrongful termination. If wage violations are connected to discrimination (e.g., you were denied a salary range because of your race or gender), consult an employment law attorney experienced in discrimination cases. Many such attorneys work on contingency for strong cases. If your employer is a federal contractor, you may also benefit from counsel experienced in federal procurement law. For initial consultation, contact the Pennsylvania Bar Association Lawyer Referral Service at 1-800-622-7923.