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Virginia Pay Transparency: What Happens After You Post the Range?

Publishing a salary range helps candidates decide whether a role meets their expectations. It also gives current employees new information about how their organization pays people.

At Warren Whitney’s November 4, 2026 virtual HR roundtable, “Pay Transparency in Practice,” participants discussed what happens next: questions about internal equity, retention concerns, and conversations managers may not feel prepared to handle.

A recurring theme was that employers see value in pay transparency, but their compensation practices and communication need to support the ranges they publish.

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Watch the webinar recording for a discussion of salary range disclosure, compensation decisions, and preparing managers for questions from candidates and employees.

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How will salary range disclosure change your talent strategy?

Salary range disclosure brings compensation into the conversation earlier. It helps candidates assess whether a position fits their needs and gives employers a more structured starting point for hiring.

Participants also raised a concern: how will current employees respond?

In one breakout group, both participants identified retention as their biggest challenge. An employee who sees a posted range for comparable work may question their own pay, particularly if the organization has not explained how compensation decisions are made. Urgent hiring can make this harder. When an organization needs to fill a position quickly, reviewing its broader compensation strategy may fall behind the immediate need to recruit. But a posting that attracts candidates can also prompt an existing employee to look elsewhere.

Before posting, review the proposed range alongside current employee pay. Understand where differences exist, what explains them, and whether any need further review. External competitiveness and internal equity need to be considered together.

Are your posted salary ranges defensible?

A defensible salary range needs a clear basis and a connection to how the organization actually pays people.

Virginia’s pay transparency law requires ranges to be set in good faith. The law identifies applicable pay scales, previously established ranges, pay for equivalent positions, and the position’s budget as reference points. The breadth of the range also matters when assessing good faith. The discussions highlighted the work behind those numbers. Participants identified a need for established pay bands, updated market data, and documented compensation practices. One participant noted that their organization’s ranges had not been reviewed in four years.

When reviewing a range, consider:

  • Whether the job description reflects the work being performed
  • How recently the supporting market data was reviewed
  • What multiple relevant data sources show about comparable positions
  • How current employee pay compares with the proposed range
  • What determines placement and progression within the range

One group also discussed considering local living costs alongside market benchmarks. For nonprofits, board members may be able to help identify additional compensation resources or data sources. Organizations with accreditation requirements may need more detailed compensation reviews and planning.

Documenting existing practices can provide a starting point. An internal equity review can then help identify differences the organization can explain and inconsistencies that need attention. See An Example Here

How do budgets affect compensation planning?

Compensation plans need to reflect what an organization can sustain, as well as what it needs to attract and retain employees.

Participants described compensation planning as a detailed process. Creating a plan that is transparent and flexible without making it too broad to be useful takes time. Budget limits can make it difficult to address every issue at once. A review may identify several needs: updating ranges, adjusting existing employee pay, clarifying promotion criteria, or improving benefits communication. Understanding the cost of each allows leadership to set priorities and explain what can happen now and what requires further planning.

Nonprofit participants also discussed the difficulty of offering additional incentives within limited budgets. Mission can influence why employees stay, but organizations still need to understand how their compensation compares and where constraints may affect retention.

How do you prepare supervisors for difficult pay conversations?

Prepare everyone involved in hiring or supervising employees, including those who participate informally in interviews. Read More Here

One group noted that managers had received guidance on legal requirements but were not yet ready to explain pay ranges to employees. Another participant emphasized that HR is not always present during interviews or compensation negotiations.

Supervisors should understand:

  • How the range was developed
  • What affects an employee’s placement within it
  • How pay progression and promotion decisions work
  • What questions are appropriate during interviews
  • When to involve HR or leadership

Training should stay current as requirements change and include opportunities to practice responding to questions. When an employee raises a concern, start by listening. A question about placement near the bottom of a range deserves a specific explanation of that employee’s compensation and opportunities for growth.

If the conversation reveals a possible inconsistency, supervisors need a clear way to refer it for review. Communication must be supported by pay practices the organization can explain.

How can total compensation statements help?

Total compensation statements help employees see what their employer provides beyond base salary.

Several groups discussed statements that show the value of employer-paid benefits, retirement contributions, bonuses, incentives, and other applicable benefits. Making this information available to all employees can support a more informed conversation about compensation. Learn More Here

Participants also discussed mission, career development, and opportunities for advancement as factors that influence retention. What matters will vary by organization and workforce. This broader conversation should accompany a direct answer about salary. Employees still need to understand how their pay is determined and how it can change.

What should employers review next?

The roundtable discussions and follow-up suggestions point to several practical steps:

  • Review job descriptions and postings for accuracy and consistency.
  • Update pay ranges using relevant market data, internal comparisons, and budget information.
  • Prepare supervisors and hiring managers for interviews and employee pay questions.
  • Review handbook language covering compensation, wage concerns, and leave.
  • Confirm that payroll and HR recordkeeping practices meet applicable requirements.
  • Review PTO and sick leave policies against upcoming changes and implementation dates.

One group also discussed future minimum-wage and paid-sick-leave changes. Those developments belong in workforce and budget planning alongside compensation reviews. The right starting point depends on the organization’s gaps. Some employers need updated ranges or an internal equity review. Others have established practices but need help documenting or explaining them.

Warren Whitney helps businesses and nonprofits review compensation programs, assess internal equity, and prepare managers for pay conversations.

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FAQs

Q: What does Virginia’s pay transparency law require in job postings?

Effective July 1, 2026, Virginia law requires employers to disclose the wage, salary, or wage or salary range in public and internal postings for jobs, promotions, transfers, and other employment opportunities. Ranges must be set in good faith. The law also restricts employers from seeking or using applicants’ salary history. Read More Here

Q: How should employers benchmark salary ranges?

Compare relevant data sources and account for the role’s responsibilities, required experience, location, and organization size. Review those findings alongside current employee pay and the available budget. Document the basis for the range and revisit it as conditions change.

Q: Does publishing a salary range resolve internal pay equity concerns?

Publishing a range provides information, but it does not resolve differences in existing employee pay. Employers still need to review comparable roles, understand the reasons for differences, and determine whether adjustments are needed. Read More Here

Q: What should supervisors know before salary ranges are posted?

Supervisors should understand how the range was established, what determines placement within it, how employees progress, and when to involve HR. Anyone participating in interviews should also understand appropriate compensation questions and current hiring requirements.

Q: What are the penalties for violating Virginia’s pay transparency law?

The law provides for civil penalties of up to $1,000 for a first violation and up to $5,000 for subsequent violations. An aggrieved employee or prospective employee may also bring an action within one year of a violation to seek actual damages and other appropriate relief.

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