On April 25, 2024, Maryland Governor Wes Moore signed into law a new set of pay transparency requirements for all Maryland employers that will take effect on October 1, 2024. The Wage Range Transparency Act imposes new requirements on all Maryland employers, regardless of size. With these changes, Maryland will join D.C. and a growing number of other states that have enacted similar pay transparency laws. The new law greatly expands the requirements under Maryland’s Equal Pay for Equal Work Law, which until now only required employers to disclose the wage range for a position upon the applicant’s request. The new law will require employers to provide, in all public or internal job postings (1) the wage range for the position, and (2) a general description of benefits and any other compensation offered for the position. Below is a detailed description of the new law and what employers need to know before the law takes effect in October. Finally, and not to be missed in the law, employers must keep a record of their compliance with the new pay disclosure requirements “for each position for at least 3 years after the position is filled; or if the position is not filled, [3 years from when] the position was initially posted.” [9] The law does not include any other detail regarding specific documentation employers will need to maintain to demonstrate their compliance. [1] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-304.2(a)(1)) (emphasis added). [2] Md. Code Ann., Lab. & Empl. § 3-301(b)(1). [3] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-301(d)). [4] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-304.2(a)(2)(ii)). [5] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-301(f)). [6] Id . [7] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-304.2(c)). [8] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-304.2(d)(1)(i)). The current version of the law already prohibits employers from (1) relying on an applicant’s wage history when considering their application or determining their offered wage, and (2) from seeking an applicant’s wage history from the applicant or their current or former employer. Md. Code Ann., Lab. & Empl. § 3-304.2(d)(1)(ii) (formerly § 3-304.2(b)(1)(ii)). [9] HB 649/SB 525 (to be codified as amended at Md. Code Ann., Lab. & Empl. § 3-305(2)). [10] Md. Code Ann., Lab. & Empl. § 3-308(e).
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