Last reviewed: November 9, 2026. We'll update this page as states issue rules and guidance.
In 2027, new state laws change how employers write job postings, run background checks and use AI in hiring. Colorado and California start regulating automated decision tools on January 1, Illinois limits driver's license requirements in job postings, Washington's Fair Chance Act reaches employers with fewer than 15 employees, Delaware requires pay ranges in job postings from September, and Connecticut's AI notice rules begin October 1. Pay range laws in Virginia and Maine have applied since July 2026. This guide lists each change by state, with the date it takes effect and who it covers.
For the other 2027 labor law changes, including minimum wage, paid leave and federal rules, see Navigating Labor Law Changes: 2027 Edition.
Table of Contents
- 2027 Changes by Date
- Pay Transparency in Job Postings
- Hiring and Background Check Changes
- AI and Automated Decision Tools
- Notices and Posters
- What Employers Should Do Now
- FAQ
2027 Changes by Date
| Date | Change | Who it affects |
|---|---|---|
| January 1, 2027 | Colorado automated decision-making technology law (SB 26-189) takes effect | Employers that use automated tools to make or materially influence employment decisions about Colorado residents |
| January 1, 2027 | California automated decisionmaking technology (ADMT) rules: compliance deadline | Businesses covered by the California Consumer Privacy Act that use ADMT for employment decisions |
| January 1, 2027 | Illinois limits driver's license requirements in job postings | Illinois employers with 15 or more employees, and employment agencies |
| January 1, 2027 | Washington Fair Chance Act amendments reach smaller employers | Washington employers with fewer than 15 employees |
| September 2027 | Delaware pay transparency law takes effect | Delaware employers with 26 or more employees |
| October 1, 2027 | Connecticut AI disclosure and pre-decision notice requirements begin | Employers that use automated tools in employment decisions in Connecticut |
Pay Transparency in Job Postings
Delaware: From September 2027
Delaware's pay transparency law (House Substitute 2 for House Bill 105, Chapter 228, Volume 85, Laws of Delaware) takes effect two years after it was signed on September 26, 2025. It adds a new section 709C to Title 19 of the Delaware Code.
- Who is covered: employers with 26 or more employees, for jobs located in Delaware and remote jobs offered by a Delaware-based employer.
- What postings must include: the hourly wage or salary, or a good-faith pay range, plus a general description of benefits and other compensation. Internal and external postings are both covered.
- Without a posting: employers must give an applicant the pay range and benefits description before discussing pay or making an offer, and whenever the applicant asks.
- Special cases: commission-only jobs must say so; tipped jobs must give the base wage; temporary, interim or acting jobs that must be filled immediately are exempt.
- Records: keep job descriptions and each employee's pay history for at least 3 years.
- Penalties: the Delaware Department of Labor enforces the law. A first violation brings a written warning; later violations carry civil penalties of $500 to $10,000 each.
Already in Effect: Virginia and Maine
Virginia (since July 1, 2026): employers must include the wage, salary or a good-faith wage or salary range in every public and internal posting for a job, promotion or transfer. Employers may not ask for an applicant's pay history or rely on it to set pay, though they may use pay history the applicant shares voluntarily to offer more. The Attorney General may seek civil penalties of up to $1,000 for a first violation and up to $5,000 for later ones, and employees may sue for actual damages (Va. Code § 40.1-28.7:12).
Maine (since July 29, 2026): employers with 10 or more employees must include the anticipated pay range in job postings. Commission-only jobs must state that pay is based entirely on commission. Current employees may ask for the pay range of their own position, and employers must keep records of each employee's positions and pay for 3 years after employment ends (26 M.R.S. § 622-A).
Hiring and Background Check Changes
Illinois: Driver's License Requirements in Job Postings
From January 1, 2027, Illinois employers with 15 or more employees, and employment agencies, may not state in a job posting that applicants must have a valid driver's license unless driving is an essential function of the job and a business necessity. When a license is required, the posting must briefly explain why (Public Act 104-0776, amending the Job Opportunities for Qualified Applicants Act).
Washington: Fair Chance Act Reaches Employers With Fewer Than 15 Employees
Washington's amended Fair Chance Act took effect July 1, 2026, for employers with 15 or more employees and applies to employers with fewer than 15 employees from January 1, 2027. Under the amended law:
- Timing: employers may not ask about criminal records, run a background check or otherwise obtain criminal history until the applicant is found otherwise qualified and has a conditional offer. Applications may not ask about criminal records.
- Records that cannot be used: juvenile records and most arrest records may not be the basis for rejecting an applicant or denying a promotion. An adult conviction may not be the sole basis unless the employer has a legitimate business reason as defined in the law.
- Before rejecting someone: the employer must identify the record it is relying on, hold the job open at least two business days so the person can correct or explain it, and give a written decision explaining its reasoning.
- Voluntary disclosure: if an applicant raises a criminal record during an interview, the employer must give them the Attorney General's guide for employers and applicants and tell them their rights in writing.
AI and Automated Decision Tools
Colorado: From January 1, 2027
Colorado replaced its 2024 AI law with SB 26-189 (Chapter 131, Session Laws of 2026, signed May 14, 2026). It takes effect January 1, 2027, and applies to consequential decisions made on or after that date, including employment decisions. Job applicants who live in Colorado are covered. Employers that use an automated decision-making tool to materially influence an employment decision must:
- Give notice before use: a clear and conspicuous notice that the tool is or will be used, with instructions for getting more information.
- Explain adverse decisions within 30 days: a plain-language description of the decision and the tool's role, how to request more information (including the tool's name, version and developer, and the personal data used), and how to exercise the rights below.
- Offer correction and human review: on request, let the person correct inaccurate personal data and, where commercially reasonable, provide meaningful review and reconsideration by a trained person with authority to change the decision.
- Keep records for at least 3 years after the decision.
The Colorado Attorney General enforces the law under the Colorado Consumer Protection Act and must give 60 days' notice and a chance to cure before acting. There is no private right of action. The Attorney General must adopt rules on the post-decision disclosures by January 1, 2027.
California: ADMT Rules From January 1, 2027
Under California Privacy Protection Agency regulations, businesses covered by the California Consumer Privacy Act that use automated decisionmaking technology (ADMT) for significant decisions must comply by January 1, 2027. Significant decisions include hiring, allocation of work, compensation, promotion, demotion, suspension and termination, and employees and job applicants who are California residents are covered. Covered businesses must:
- Give a pre-use notice explaining the specific purpose of the tool, the right to opt out (or the right to appeal, where an exception applies) and the right to access information about the tool.
- Offer an opt-out unless an exception applies. Employers can use the human appeal exception, which lets the person appeal to a reviewer with authority to change the decision. Tools used solely to assess whether someone can perform the job, or solely to allocate work or pay, are also excepted if they work as intended without unlawful discrimination.
- Answer access requests with a plain-language explanation of the tool's purpose, its logic, the output for that person and how it was used in the decision.
These rules apply only to for-profit businesses that meet one of the California Consumer Privacy Act thresholds, which are based on annual revenue or the volume of California residents' personal information the business handles.
Connecticut: From October 1, 2027
Connecticut Public Act 26-15 (SB 5) requires employers that use automated employment-related decision tools in Connecticut to tell employees and applicants, in plain language, when they are interacting with such a tool. Before using a tool to make or substantially inform an employment decision, the employer must give written notice of the tool's use and purpose, the decision it affects, the categories and sources of personal data it uses, and how to contact the employer. These requirements begin October 1, 2027. The Connecticut Attorney General enforces them, and there is no private right of action.
Notices and Posters
Most of these laws require notices to applicants and employees rather than workplace posters. Two changes affect posted notices:
- Illinois: from January 1, 2027, the Illinois Human Rights Act treats menopause-related conditions as part of pregnancy for accommodation purposes (Public Act 104-0793), and the employer notice must cover the right to reasonable accommodations for these conditions. The Illinois Department of Human Rights had not released an updated notice as of the date at the top of this page.
- Colorado: a prominent public notice at points where applicants interact with the employer can satisfy the law's pre-use notice requirement.
For each state's 2027 poster releases, see State Labor Law Poster Requirements: 2027 State-by-State Changes (A–Z). For the federal and state posters every employer must display, see our Complete Guide to Federal and State Labor Law Poster Requirements.
What Employers Should Do Now
- List every automated tool used in recruiting, screening, scheduling, pay or discipline, and note which ones touch Colorado, California or Connecticut applicants and employees.
- Prepare notices and a human review process for Colorado and California before January 1, 2027.
- Review job posting templates for pay ranges (Virginia and Maine now, Delaware by September 2027) and remove driver's license requirements from Illinois postings unless driving is essential.
- Move criminal history questions after the conditional offer for Washington applicants, and set up the two-business-day hold and written decision.
- Keep records of pay ranges, job descriptions and automated decisions for at least 3 years.
FAQ
Which states require pay ranges in job postings starting in 2027?
Delaware's law takes effect in September 2027 for employers with 26 or more employees. Virginia's and Maine's laws already apply, since July 1 and July 29, 2026.
Do employers have to tell applicants when they use AI in hiring?
In some states, yes. Colorado and California require notice before an automated tool is used in employment decisions starting January 1, 2027, and Connecticut from October 1, 2027.
Can Illinois employers still require a driver's license?
Yes, if driving is an essential function of the job and a business necessity. From January 1, 2027, the job posting must briefly explain why a license is required.
When can Washington employers ask about criminal history?
Only after the applicant is found otherwise qualified and receives a conditional offer. This applies to employers with fewer than 15 employees from January 1, 2027, and to larger employers since July 1, 2026.
Do these laws require new workplace posters?
Mostly no; they require notices to applicants and employees. The exception is Illinois, whose employer notice must cover menopause-related accommodations from January 1, 2027.
Get the Right Posters
National Safety Compliance offers labor law poster sets for every state, each with a state poster and a federal poster, and a labor law poster subscription that sends replacement posters when mandatory changes occur. Our Most Recent Changes page lists the latest updates.
Sources: Colorado General Assembly (SB 26-189, Chapter 131, Session Laws of 2026); California Privacy Protection Agency (CCPA regulations, sections 7001, 7200 and 7220–7222, and FAQs); Illinois General Assembly (Public Acts 104-0776 and 104-0793); Washington Attorney General's Office (Fair Chance Act); Delaware General Assembly (Chapter 228, Volume 85, Laws of Delaware); Connecticut General Assembly (Public Act 26-15); Code of Virginia § 40.1-28.7:12 and Virginia Department of Human Resource Management; Maine Department of Labor and 26 M.R.S. § 622-A.