DC Pay Transparency Law: Postings, Benefits, and Penalties

The DC pay transparency law requires nearly every private employer with at least one worker in the District to publish good-faith pay ranges in job listings, disclose that healthcare benefits exist before a first interview, and stop asking applicants about their salary history. The rules come from the Wage Transparency Act as expanded by the Wage Transparency Omnibus Amendment Act of 2023 (D.C. Law 25-138), which took effect on June 30, 2024.¹ Civil fines start at $1,000 and climb to $20,000 for repeat offenses.²

Which Employers Are Covered

Any individual, firm, association, or corporation employing at least one person in the District is covered. There is no size threshold beyond that single employee, so a solo practice is covered alongside a national company. The DC government and the federal government are not considered “employers” under the law.³

Jurisdiction follows the worker. A Virginia or Maryland company with one employee performing duties in DC has to comply, and that includes remote employees whose home office is physically in the District.

What Job Postings Must Include

Every job listing or position description must show a minimum and maximum projected salary or hourly rate. The range should run from the lowest to the highest amount the employer honestly believes it would pay for the role at the time of posting.⁴ The requirement covers external postings and internal announcements for promotions or transfers.

Good faith is the operative standard. A $50,000 to $150,000 range posted when the real budget caps at $80,000 does not meet it. The range needs to reflect what the employer actually expects to offer based on current budget and market conditions. If a listing omits the range, the applicant can ask for it directly.⁴

Salary History Is Off Limits

Employers cannot screen applicants on previous pay. They cannot require a candidate’s prior compensation to meet any minimum or maximum threshold as a condition of being interviewed or advancing in the process. Asking about salary history during an interview is prohibited, and so is contacting a previous employer to look up wage information.¹

Healthcare Benefits Must Be Disclosed Before the First Interview

Before a candidate’s first interview, the employer must disclose that healthcare benefits are available to employees.⁴ The statute requires disclosure that benefits exist, not a full plan-level breakdown of deductibles and copays at this stage. The goal is to give candidates a basic picture of total compensation early enough to decide whether to continue.

If the employer skips the step, the applicant can ask. Waiting to be asked is not a compliance strategy; the obligation sits with the employer to volunteer the information before the first interview takes place.⁴

Employees Can Talk About Pay

The Act prohibits employers from stopping employees from asking about, sharing, comparing, or discussing their pay with coworkers. Employers cannot fire, discipline, or retaliate against anyone for those conversations.⁵ Policies forbidding wage discussions, or requiring permission before an employee can talk about pay, violate the law.

The same protections cover complaints. An employer cannot punish or threaten a worker for reporting a suspected violation.⁵

Required Workplace Notice

Employers must post a notice in the workplace informing employees of their rights under the Act. It needs to be visible, such as in a break room or alongside other required labor law posters.¹ For remote workers, digital posting through an internal company portal meets the requirement as long as the information is readily accessible.

Fines and Enforcement

Civil fines escalate with each offense:

First violation: $1,000
Second violation: $5,000
Third and subsequent violations: $20,000 per violation

The Mayor’s office assesses the fines.² The jump from $5,000 to $20,000 means an employer that absorbs the first fine as a cost of doing business will pay sharply more on the third.

The DC Attorney General has independent enforcement authority. The AG can investigate suspected violations, issue subpoenas, examine witnesses under oath, and bring civil actions seeking restitution, injunctive relief, or compensatory damages on behalf of affected workers or the public.¹ There is no private right of action, so individual employees cannot sue their employer directly under the law. Enforcement runs through the Mayor and the AG’s office.

Workers who believe an employer has violated the Act can report it to the Attorney General’s Workers’ Rights and Antifraud Section at (202) 724-7730 or workers@dc.gov.⁵

1
D.C. Law Library. D.C. Law 25-138 – Wage Transparency Omnibus Amendment Act of 2023
2
D.C. Law Library. Chapter 14A – Wage Transparency
3
D.C. Law Library. DC Code 32-1451 – Definitions
4
D.C. Law Library. DC Code 32-1453.01 – Employer Disclosures
5
Office of the Attorney General for the District of Columbia. Attorney General Schwalb Issues Business Advisory on Wage Transparency Requirements