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Are Strict Pay Transparency Laws Dampening Remote Work Options?

Colorado, a pioneer in pay transparency laws, has seen listings for remote jobs decrease by 25% in the past month

Shadi Bushra

Written By: Shadi Bushra

Published: 9/26/2022

Key Insights:

  • Colorado, where recruiters are required to list a pay range in the job advertisement, has seen recent listings for remote jobs drop by 25%, five times the national average decrease of 5%.
  • However, recent listings for non-remote positions in the state are steady, even as the national average number of non-remote listings has dropped 12% over the past 30 days.
  • Remote listings are now explicitly writing that Colorado residents are not eligible to apply rather than list pay ranges.
  • Since the pandemic shake-up of the economy, more local and state policymakers have passed laws to ensure various levels of pay transparency, which job seekers have long demanded.
  • New York City, as well as California and Washington, now join Colorado in requiring companies with employees in their jurisdiction to post pay ranges in advertisements.
  • Other states’ pay transparency laws require the applicant to inquire about the pay range or to pass an initial interview.

The move towards remote work has been one of the defining economic trends of the pandemic. Some of the biggest beneficiaries of this shift were those working in higher-paying, white-collar jobs.

Though many companies are trying to lure employees back to the office now, employers have also benefited from the shift to remote work.

When working in an office is a prerequisite, employers’ hiring choices are limited to those who can commute to the office or are willing to relocate. When remote work is an option, an employer can recruit nationwide to find the ideal applicant, regardless of their location.

Well, almost nationwide.

With so many areas to recruit in, employers hiring for remote jobs can choose to avoid jurisdictions whose laws force them to change their hiring process by requiring recruiters to list the pay range for all jobs.

For a year now, any company with four or more employees in Colorado has been required to list the salary range for all of its advertised jobs. For that reason, some recruiters have steered clear of the state. In fact, many remote advertisements include a simple but straightforward : “This is a remote job except that it is not eligible to be performed in Colorado.”

Despite this, there appears to be momentum for pay transparency rules similar to Colorado’s law. New York City now makes it an “unlawful discriminatory practice” to post any job listing for a job to be performed in the city that does not include the minimum and maximum pay.

Proponents of pay transparency say it both streamlines the hiring process and allows for better analysis of inequities in hiring practices.

Colorado Data Show Remote Job Listings Plummeting, While On-Site Listings Hold Steady

Colorado is the largest jurisdiction with the kind of strict pro-employee pay transparency laws labor advocates would like to see. Even if a company has only one employee working in Colorado, they are required to post pay ranges for any jobs they advertise in or out of the state.

Though other states, like Washington, have passed similar laws, Colorado’s was the first to go into effect. While a number of cities have also followed suit, they offer smaller sample sizes.

This makes Colorado’s hiring environment, specifically the number of unique job listings recently posted, the best measure we have of how strict pay transparency laws affect remote hiring trends.

Source: Lightcast

The yawning gap between Colorado’s job listings for remote and non-remote jobs shows that employers are not shunning Colorado entirely. They’re only shunning it for remote work.

In fact, Colorado’s non-remote jobs stayed stable over the 30 days surveyed, doing much better than the national average of non-remote job listings, which decreased by 12%.

Yet, when we look at Colorado’s remote job market, we see a precipitous drop of almost 25% in the number of remote job listings over 30 days. The national picture also shows a contraction in remote job listings on average, but nowhere near as sharp as what happened in Colorado.

This final data point suggests that something unique to Colorado — such as its pay transparency laws — is causing employers not to post for remote jobs in the state.

Changing Trends in Pay Transparency

Pay transparency is becoming more popular, especially at local and state levels. Since 2020, at least a dozen state and local jurisdictions have enacted pay transparency laws, or amended past labor laws to tighten pay transparency rules.

This momentum towards mandated pay transparency is part of the push for workers’ rights that has also accelerated since the pandemic.

Job seekers have long been tired of the opaque nature of most companies’ hiring process. It’s often unclear until the very end of the process what the pay range for a position is. And if the negotiation on a salary isn’t successful, both sides have lost out.

The job seeker has wasted time and energy writing a cover letter and preparing for rounds of interviews for a position they could have skipped over. Meanwhile, the company has wasted time and money in pursuit of a candidate they couldn’t afford, while other applicants were passed over.

The tighter labor market during much of the pandemic has given job seekers in some industries greater bargaining power. Many have taken advantage of that negotiating position to insist on more clarity around salary and other compensation earlier in the process.

This has also taken place during a period of  about how we make money. "> ADVERTISEMENT

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