Virginia Pay Transparency Law (HB 636): Wage Ranges and Salary History
Virginia Pay Transparency Law (HB 636): Wage Ranges and Salary History
Virginia's pay transparency law, HB 636, took effect July 1, 2026. Employers across the Commonwealth must now post a wage, salary, or salary range in job listings, and they may no longer ask applicants about pay history. Here is what the statute actually requires.
Information last verified on July 2, 2026. This is a developing story; we update it as the record changes.
Status: Signed into law; effective July 1, 2026.
Jurisdiction scope: This article addresses Virginia House Bill 636 and the pay transparency and salary history duties it creates under Virginia law. It does not state the pay transparency or salary history law of any other state.
What Happened
The Virginia General Assembly passed House Bill 636 during its 2026 regular session, together with a companion measure, Senate Bill 215. The legislation was approved on April 22, 2026, and took effect on July 1, 2026. It adds a new section to the Virginia Code, reported as Virginia Code Section 40.1-28.7:12, that sits alongside the state's existing wage and equal pay provisions.
The statute does two main things. It requires employers to publish pay information in their job postings, and it bars employers from seeking or relying on an applicant's prior pay. The measure applies to employers in the Commonwealth without a stated employee-count threshold, so coverage does not turn on company size.
Enforcement runs on two tracks. The Attorney General may pursue a civil action carrying civil penalties of up to $1,000 for a first violation and up to $5,000 for a subsequent violation. Separately, a prospective employee or employee who is harmed may bring a private action within one year of the violation to recover actual damages along with other legal and equitable relief. For posting-related claims, the law builds in a cure window of 15 business days.
What the Law Actually Says
The posting duty is the centerpiece. Under the new section, an employer may not fail or refuse to disclose the wage, salary, or wage or salary range in each public and internal posting for a job, promotion, transfer, or other employment opportunity. The range must be set in good faith, and the statute states that any analysis of good faith considers, among other factors, the breadth of the range. That language is aimed at ranges drawn so wide that they tell an applicant little about the actual pay.
The salary history ban is the second pillar. An employer may not seek the wage or salary history of a prospective employee, may not rely on that history in considering the applicant for employment, and may not rely on it in determining pay upon hire. A narrow exception applies when an applicant voluntarily provides pay history without prompting; in that case the employer may rely on it only to support an offer higher than its initial one, and only where the higher figure does not create an unlawful pay differential. The law also protects applicants and employees from retaliation for declining to share pay history or for requesting a range.
Enforcement combines public and private remedies. The Attorney General may bring a civil action with the civil penalties noted above. An aggrieved worker may sue within one year for actual damages and equitable relief. For a claim based on a posting that omits pay or sets a range in bad faith, a worker may not sue if the employer corrects the posting in all original posting locations within 15 business days after receiving written notice of the defect.
Pay transparency operates against Virginia's broader employment backdrop. Virginia is an at-will state, so most jobs can be ended by either side for most reasons; see our explainer on Virginia at-will employment rules and how at-will employment by state varies across the country. The salary history ban also intersects with the hiring-vetting stage, where employers gather information about candidates; for how that process is regulated separately, see Virginia background checks in hiring.
Analysis: Why This Matters
The following is analysis from the Recording Law Editorial Team.
The structure of HB 636 is what stands out. Many pay transparency laws focus on either posting ranges or restricting salary history questions. Virginia's statute pairs both in a single section and layers on an anti-retaliation rule, so the same law governs what an employer must publish and what it may ask. That combination narrows the gap that can appear when a range is posted but prior pay still anchors an offer.
The good-faith requirement gives the posting duty teeth beyond a checkbox. Because the statute directs that any good-faith analysis consider the breadth of the range, the text signals that an unreasonably wide range may not satisfy the law even though a number technically appears. How that plays out will depend on how the Attorney General and courts read good faith in specific postings, and we are not predicting any particular outcome.
The dual-enforcement design is also worth noting. Civil penalties are channeled through the Attorney General, while individual recovery comes through a private action for actual damages within a one-year window. The 15-business-day cure period for posting defects gives employers a defined chance to fix an omission before a posting-based private suit can proceed, which places a premium on responding promptly to written notice. As enacted, these figures and timelines are narrower than an earlier version of the bill discussed during the session, so the operative numbers are the ones in the final law.
How This Affects You
If you are a job seeker in Virginia, postings for jobs, promotions, transfers, and other opportunities should now show a wage, salary, or range, and an employer should not be asking you for your pay history. You can decline to share prior pay and can ask for the range without that request being used against you. These are general descriptions of how the law is written, not advice about any single application or offer.
If you are a Virginia employer, the threshold questions are whether your public and internal postings include a good-faith range, whether your application forms and interview scripts still request salary history, and how you will handle written notices of posting defects within the 15-business-day window. Because the law reaches employers without a size threshold, small and large employers alike are covered. A general summary is not a substitute for a close read of the enacted text and advice from a Virginia-licensed lawyer where the stakes warrant it.
This is general legal information, not legal advice. It covers Virginia law and reflects sources verified on July 2, 2026. Laws change and this story is developing; consult a lawyer licensed in your jurisdiction about your specific situation.
Sources
- Virginia LIS, HB 636 (2026), enrolled bill text (HB636ER): https://lis.virginia.gov/bill-details/20261/HB636/text/HB636ER
- Virginia LIS, HB 636 (2026), bill details and history: https://lis.virginia.gov/bill-details/20261/HB636
- Morgan Lewis, "Virginia Law Will Require Pay Transparency, Restrict Employers from Seeking Wage History" (May 2026): https://www.morganlewis.com/pubs/2026/05/virginia-law-will-require-pay-transparency-restrict-employers-from-seeking-wage-history
- Williams Mullen, "Virginia Mandates Pay Transparency and Bans Pay History Inquiries Starting July 1": https://www.williamsmullen.com/insights/news/legal-news/virginia-mandates-pay-transparency-and-bans-pay-history-inquiries-starting
- Ogletree Deakins, "Virginia and Maine Enact Pay Transparency Laws to Take Effect in July 2026": https://ogletree.com/insights-resources/blog-posts/virginia-and-maine-enact-pay-transparency-laws-to-take-effect-in-july-2026/
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Last updated: 2026-07-02. This is a developing story; details verified as of 2026-07-02.
Frequently Asked Questions
Is Virginia's pay transparency law in effect?
Yes. HB 636 and its companion SB 215 were enacted on April 22, 2026, and took effect July 1, 2026, as new Virginia Code Section 40.1-28.7:12.
What must a Virginia job posting include now?
The wage, salary, or wage or salary range for the position, set in good faith. The requirement covers public and internal postings for jobs, promotions, transfers, and other employment opportunities.
Can a Virginia employer ask about my salary history?
No. An employer may not seek your wage or salary history or rely on it in considering you for employment or in setting your pay upon hire. A narrow exception applies only if you volunteer that history without being asked.
Does the law apply to small employers?
The law applies to employers in Virginia without a stated employee-count threshold, so it reaches employers regardless of size.
How is the law enforced and what are the penalties?
The Virginia Attorney General may bring a civil action with penalties up to $1,000 for a first violation and up to $5,000 for a subsequent violation. A harmed worker may also sue privately within one year for actual damages and equitable relief.
Is there a chance to fix a defective posting before a lawsuit?
Yes, for posting-based claims. If an employer corrects the posting in all original posting locations within 15 business days after written notice, a worker may not sue for that violation.
What if I voluntarily share my past pay?
If you provide your pay history without being prompted, the employer may rely on it only to support an offer higher than its initial one, and only where the higher figure does not create an unlawful pay differential.
Sources and References
- Virginia LIS, HB 636 (2026), enrolled bill text (HB636ER)(lis.virginia.gov).gov
- Virginia LIS, HB 636 (2026), bill details and history(lis.virginia.gov).gov
- Morgan Lewis, Virginia Law Will Require Pay Transparency, Restrict Employers from Seeking Wage History (May 2026)(morganlewis.com)
- Williams Mullen, Virginia Mandates Pay Transparency and Bans Pay History Inquiries Starting July 1(williamsmullen.com)
- Ogletree Deakins, Virginia and Maine Enact Pay Transparency Laws to Take Effect in July 2026(ogletree.com)