Salary Transparency Laws in Virginia: What Employers Must Disclose

Federal law does not mandate private employers to disclose salary ranges, with one significant exception: Executive Order 14026, issued in 2021 and effective January 2022, requires federal contractors and subcontractors with 50 or more employees to include salary ranges in job postings and provide pay history information upon request. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes minimum wage and overtime requirements but does not require disclosure of compensation ranges.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits pay discrimination based on race, color, religion, sex, or national origin, enforced by the EEOC. The Equal Pay Act, 29 U.S.C. § 206(d), requires equal pay for substantially equal work regardless of sex. These laws prevent hidden wage disparities but do not require transparency in posting.

The EEOC enforces pay discrimination claims under Title VII and the Equal Pay Act. Remedies include back pay, front pay, and damages for willful violations. However, absent a federal contractor status or specific state law, private employers have no federal obligation to disclose salary ranges in job postings or to existing employees.

Virginia does not have a comprehensive state salary transparency law mandating private employers to disclose pay ranges in job postings or to employees. However, Virginia Code § 40.1-28.7:1 (enacted 2020) provides a critical protection: employers are prohibited from retaliating against employees who discuss wages, hours, or other terms and conditions of employment with coworkers or third parties. This statute protects salary conversations but does not require disclosure.

Under Virginia law, private employers in the state are generally free to keep compensation confidential. Unlike states such as California, New York, and Colorado that have enacted salary range disclosure laws, Virginia has not imposed such requirements on private sector employers. The state does not classify salary transparency as an employment right for most workers.

However, Virginia Code § 40.1-28.7:1 significantly strengthens employee rights by making it unlawful for employers to prohibit, threaten, intimidate, or discharge employees for discussing compensation. This protects the ability to seek transparency informally but does not create an affirmative duty for employers to disclose ranges. For employees working for federal contractors with 50+ employees, Executive Order 14026 applies regardless of state law, requiring salary range disclosure.

Virginia does not have heightened penalties or remedies specific to salary transparency violations beyond standard retaliation protections. The state also offers no special certification, audit, or enforcement mechanism for pay equity practices beyond general wage and hour enforcement by the Virginia Department of Labor and Industry. Private employers in Virginia remain largely unregulated on compensation disclosure unless they are federal contractors or subject to specific negotiated agreements.

Virginia's anti-retaliation statute (§ 40.1-28.7:1) does not require salary disclosure; it only protects employees from retaliation for discussing pay. This means employers can still choose to keep salaries confidential—they simply cannot punish workers for talking about compensation. Employers are excepted from disclosing salary ranges unless they are federal contractors subject to Executive Order 14026.

Small private employers not holding federal contracts have no legal obligation to disclose pay ranges under Virginia law. The state does not mandate transparency for internal job postings, internal transfers, or promotion decisions. Employers may legally avoid discussing salary ranges during recruitment unless the applicant directly requests one.

Certain employment relationships may fall outside Virginia's wage discussion protections, including independent contractors, volunteers, and possibly some specialized categories (though Virginia courts have not heavily litigated exceptions). Employers in Virginia can also legally impose confidentiality agreements on compensation in settlement agreements or severance arrangements, though such agreements cannot be used to chill wage discussions among existing employees.

Federal contractors with fewer than 50 employees are exempt from Executive Order 14026, even if they hold federal contracts. Non-contractor employers in Virginia face no state-law consequence for refusing to post or disclose salary ranges, making compliance entirely voluntary for the private, non-federal sector. Employer defenses include showing that any alleged retaliation was for legitimate, non-retaliatory reasons unrelated to wage discussion.

Step 1: Document wage discussions and any retaliatory actions. Keep records of when you discussed compensation with coworkers, when you requested salary information, emails or messages about pay, and the dates of any adverse employment actions (denial of raise, demotion, termination, schedule reduction, or discipline) that followed. Retain performance reviews, pay stubs, and any written policies about discussing compensation.

Step 2: Review employer policies and internal complaint procedures. Check your employee handbook for anti-retaliation policies, grievance procedures, or HR complaint mechanisms. Virginia Code § 40.1-28.7:1 protects wage discussions regardless of employer policy, but filing an internal complaint creates a documented record and may resolve the issue quickly. Request a written response if the employer has a formal process.

Step 3: File a retaliation complaint with the Virginia Department of Labor and Industry (VDOLI), Wage and Hour Division. Visit www.doli.virginia.gov or call (804) 786-2377. You must provide: your name and contact information, employer name and location, description of wage discussion(s) you engaged in, description of the retaliatory action taken, dates of both events, names of witnesses if available, and copies of relevant documents. There is no specified filing deadline in the statute, but Virginia contract claims generally have a 2-year limitation period; act promptly.

Step 4: Expect investigation by VDOLI. The agency will contact the employer to investigate the allegation. The employer will have an opportunity to respond and provide its own evidence. VDOLI may conduct interviews, review documents, and determine whether retaliation occurred. The investigation typically takes 60-120 days depending on complexity. You will be notified of the outcome.

Step 5: Consult an employment attorney if the complaint does not resolve the issue or if you face ongoing retaliation. Contact a Virginia employment law attorney licensed in the state who specializes in retaliation, wrongful termination, or wage disputes. An attorney can evaluate whether you have claims beyond retaliation (such as breach of contract or tort claims) and represent you in civil court if needed. Initial consultations are often free or low-cost.