Wisconsin employers often must comply with other states’ salary transparency laws

Many Wisconsin employers have expanded their workforce beyond state borders, whether through remote work arrangements, multistate operations, or recruitment efforts targeting a broader talent pool. As a result, a common question arises: If a Wisconsin-based employer has employees who live and work in another state, does the employer have to comply with that state’s salary transparency and job posting requirements? In many cases, the answer is yes.

Which state law applies?

A company’s headquarters location doesn’t necessarily determine which pay transparency laws apply. Instead, states often look to where employees perform their work or whether a position may be filled by a resident of that state. Consequently, a Wisconsin employer may become subject to another state’s salary disclosure requirements even if it has no office, facility, or other physical presence there.

Over the past several years, numerous states have enacted pay transparency laws requiring employers to disclose compensation ranges during the hiring process. These laws are designed to promote pay equity and provide job applicants with greater information regarding compensation opportunities. While the specific requirements vary, many states require salary ranges to be included in job postings, disclosed to applicants upon request, or provided at certain stages of the recruitment process.