Yes, an employer can be sued for not listing a salary range, but only in some states. In Washington, applicants have filed hundreds of class actions since summer 2023 over missing wage scales, as Ogletree Deakins reports in its Washington Equal Pay update. A salary range means the good-faith minimum and maximum pay the employer expects to offer. Pay transparency laws require that range in job ads, yet the right to sue depends on where the job is located and how many workers the employer has.
Table of Contents
- Where can a job seeker sue?
- Where must you complain to an agency?
- What must a posting include?
- What can you do if pay is missing?
Where can a job seeker sue?
Washington is the main place for applicant lawsuits over missing pay information. The law covers job postings with wage scales or salary ranges, and litigation grew quickly after summer 2023. California also creates a court option for applicants and employees. California law requires employers with 15 or more employees to include the good-faith pay scale in every posting, including third-party postings and covered remote roles, according to the text published by California Legislative Information in the current text of Labor Code section 432.3.
The state Employment Law Worldview summary of Labor Commissioner guidance says violations carry $100 to $10,000 per violation and aggrieved applicants or employees may file a DLSE complaint or pursue court relief. New York City is narrower. Only current employees can sue their current employer over its advertisement, as Jackson Lewis explains in its New York City pay transparency analysis. Outside applicants cannot bring a private lawsuit there.
Where must you complain to an agency?
New York City sends outside applicants to the Commission on Human Rights. The Commission treats omitting a good-faith minimum and maximum salary or hourly wage as an unlawful discriminatory practice for employers with four or more employees. The Commission may impose civil penalties up to $250,000. New York State relies only on the Department of Labor.
Gibson Dunn reports that employers with four or more employees must disclose a good-faith compensation range and existing job description for jobs performable in New York. Hodgson Russ reports no private right of action, with penalties of $1,000 for the first violation, $2,000 for the second, and $3,000 for later violations, plus protection against retaliation for complaints. Colorado also uses agency enforcement with large-scale results. Legal 500 and Fennemore Craig report more than 2,800 complaints, 600 compliance letters, and over $800,000 in fines by June 3, 2026.
What must a posting include?
The required details change by location. California focuses on the pay scale stated in good faith. That duty applies to direct company ads, ads placed through recruiters or job boards, and covered remote positions.
New York City requires a good-faith minimum and maximum annual salary or hourly wage, according to current Commission guidance. New York State requires a good-faith compensation range plus the existing job description when one exists. Colorado requires pay, benefits, and closing-date disclosures in postings. Washington allows employers to list a fixed pay amount instead of a range where the pay does not vary.
What can you do if pay is missing?
Save evidence before the ad changes. Take these steps: Act promptly because Washington has special timing rules. Miller Nash reports in the National Law Review that the May 20, 2025 amendment took effect July 27, 2025, allows five business days to cure after notice through July 27, 2027, and forces applicants to choose either administrative relief or private damages.
- Save the full posting with URL, date, employer name, job location, and remote status.
- Note whether the work could be done in California, Colorado, New York, New York City, or Washington.
- Check employer size, since thresholds include 15 or more workers in California and four or more in New York City and New York State.
- File where the law sends you: court claim in Washington or California, or agency complaint to the Labor Commissioner, Commission on Human Rights, Department of Labor, or Colorado enforcement office.