Yes, you can sue an employer for hiding the pay range, but only in some states. In other places, only state regulators can punish the employer, and you are limited to filing a complaint.
A pay range is the wage scale or salary range the employer must list in the job ad. California lawmakers, for example, require employers with 15 or more employees to include that pay scale in any posting, under California pay scale rule. That California rule covers outside applicants and internal postings.
Table of Contents
- Where outside applicants can sue
- Where outside applicants cannot sue
- What a win is worth
- What to do when pay is missing
Where outside applicants can sue
Washington lawmakers give any affected applicant or employee a direct choice between an agency complaint and a lawsuit. The claim covers a posting without the wage scale and benefits summary, under the Washington transparency statute. You do not need to work for the company to act.
California also permits both paths. According to the California Legislature, an aggrieved person may file a written complaint with the Labor Commissioner within one year of learning of the violation. The same law also allows a civil action for an injunction and other relief the court deems proper.
Where outside applicants cannot sue
New York City bars an unsuccessful applicant from suing a prospective employer over a missing pay range. According to the City Council account of the law, only a current employee may sue the current employer over its job, promotion, or transfer ad.
Enforcement there runs through the Commission on Human Rights instead. According to the City Council, the Commission investigates public complaints and its own tips and testing, and employers can cure a first violation before a monetary fine. Illinois, Massachusetts, and New Jersey also provide no private lawsuit for a missing range, according to a Cooley analysis, with enforcement by the state labor department or attorney general.
What a win is worth
California does not promise automatic damages to an outside applicant. According to the California Legislature, the Labor Commissioner can order $100 to $10,000 in civil penalties per violation. The practical remedy is usually a Labor Commissioner complaint or a court order to fix the posting.
Washington offers money damages by law. According to the Washington Legislature, a court can award $100 to $5,000 per violation plus costs, penalties, and actual damages. Colorado uses agency fines instead: $500 to $10,000 per violation, with over 2,800 complaints and over $800,000 in fines reported by June 2026, according to the Colorado General Assembly summary.
What to do when pay is missing
Save evidence first, then match your address to the right forum. A missing range matters only under the law where the job sits.
Act quickly because some employers get a chance to fix the ad. Washington rules described by Davis Wright Tremaine allow five business days to fix the posting after written notice through July 27, 2027. Fixed-pay postings need only state the fixed rate, and New York City also allows cure of a first violation before a fine.
- Save the full ad, posting date, job location, and employer name.
- Check employer size and posting location for coverage.
- File a labor-agency complaint where no private suit exists.
- Talk to an employment lawyer before filing where a suit exists.