Requirement to Provide "Good Faith" Salary Ranges in Job Postings
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Submitted by Martin D. Kappenman
Martin is a Shareholder at Peters & Kappenman, P.A., a firm representing employers in a full range of employment law issues and litigation in Minneapolis, Minnesota.
The Upcoming Requirements
Effective January 1, 2025, pursuant to Minn. Stat. 181.173, Minnesota employers that employee 30 or more employees at one or more sites in Minnesota will be required to "disclose in each posting for each job opening with the employer the starting salary range” along with "a general description of all of the benefits and other compensation, including but not limited to any health or retirement benefits, to be offered to a hired job applicant.”
Employers who elect not to offer a salary range must instead "list a fixed pay rate.” A salary range, which cannot be open-ended, is defined as "the minimum and maximum annual salary or hourly range of compensation, based on the employer’s good faith estimate, for a job opportunity of the employer at the time of the posting of an advertisement for such opportunity.” Job postings are defined to include recruitment solicitations done "indirectly through a third party,” and include any electronic or hard copy documents that include qualifications for desired applicants.
Employer Considerations
Employers should update their job postings as soon as possible to avoid any last-minute mistakes. Employers that use third-party sites to advertise their job openings (such as indeed or LinkedIn) should make sure their advertisements include a good faith salary range.
If you have questions regarding the above or any other employment-related concerns, please contact Martin Kappenman at 952.921.4603 or mkappenman@pklaborlaw.com, or any other attorney at Peters & Kappenman, P.A.
