Recent state-level changes may affect how your organization handles salary disclosure and workplace drug testing. This month, employers should be aware of key updates to Oklahoma’s medical marijuana law and new pay transparency requirements in Maine, Virginia, and Connecticut.
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Oklahoma Amends Medical Marijuana Law
Oklahoma recently amended its medical marijuana law, creating a mandatory zero-tolerance policy for safety-sensitive positions and giving employers broader authority to take adverse action based on positive marijuana test results.
Under the amended law, employers still cannot refuse to hire applicants or discipline employees solely because they hold a medical marijuana license. However, employers can take adverse action when:
- An employee or applicant doesn’t hold a valid medical marijuana license
- An employee with a valid license possesses, consumes, or is under the influence of medical marijuana at the workplace or while fulfilling job duties; or
- The action is taken based on a written policy that complies with Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act
The amended law also creates new standards for safety-sensitive positions. Under the old law, employers could designate those positions at their discretion. Now, the law defines a safety-sensitive role as one that involves duties such as handling or transporting hazardous materials, operating a vehicle, dispensing pharmaceuticals, carrying a firearm, or providing direct patient care or child care, among others.
The amended law goes into effect on Nov. 1.
What Oklahoma Employers Need to Know
Before the law takes effect, Oklahoma employers should review their drug testing and workplace marijuana policies. Consider taking these steps:
- Review written policies: Revise your drug and alcohol testing policy to align with Oklahoma law. Clearly explain when testing may occur and how results may be used.
- Identify safety-sensitive roles: Review job descriptions and determine which positions may qualify as safety-sensitive under the updated definition.
- Train managers and HR teams: Make sure those involved in hiring and employment decisions understand the new regulations, including when a positive test may result in adverse action.
Maine Enacts New Pay Transparency Law
Maine has joined the list of states requiring employers to be more transparent about pay in job postings. Beginning July 29, organizations with 10 or more employees will need to include a prospective pay range in job postings.
Under the new law, job postings include those made by an employer and through a third party. Pay range is defined as the range an employer anticipates using to set wages for a position. It may include:
- A pay scale
- A previously determined pay range for the role
- The actual pay range for comparable positions
- The budgeted amount for the role
The new law also includes disclosure and recordkeeping requirements. Upon request, employers must disclose the pay range for an employee’s current position. Employers must also maintain records of each position an employee holds and the employee’s pay history for the duration of employment and for three years after employment ends.
What Maine Employers Need to Know
Maine employers should begin preparing for these changes now by taking these steps:
- Update job posting templates: Review all internal and external job posting templates and update them to include the prospective pay ranges.
- Prepare pay ranges: Establish consistent, good-faith pay ranges for open roles before posting.
- Review third-party postings: Make sure recruiters and staffing partners include the required pay information in all postings.
- Update recordkeeping practices: Confirm that employee position and pay history records are maintained for the required period.
Virginia Passes Pay Transparency Requirements
Virginia has passed a new law requiring pay transparency in job postings and prohibiting employers from asking about an applicant’s salary history. It takes effect on July 1.
Under House Bill 636 and the identical Senate Bill 215, employers must disclose the wage, salary, or range in all public and internal job postings. The employer must set this range in good faith.
The new law also prohibits employers from asking prospective employees about their salary histories. Employers cannot use an applicant’s salary history when considering employment or setting compensation. However, if an applicant discloses this information voluntarily, employers can use it to make a higher offer.
Employers who violate the new law may face civil penalties up to $1,000 for the first offense and up to $5,000 for subsequent violations.
What Virginia Employers Need to Know
If your organization hires in Virginia, start preparing now to be ready when the law takes effect on July 1:
- Update job postings: Include a good-faith wage or salary range in both internal and public postings.
- Remove salary history questions: Review applications, background forms, and other hiring documents to make sure they do not request salary history.
- Train hiring teams: Train recruiters and managers on what they can and cannot ask during the hiring process.
Connecticut Requires Pay Transparency in Job Listings
Connecticut has passed new pay transparency requirements for disclosing wage and benefits information to applicants and employees.
The new law, which takes effect on Oct. 1, will require employers to include a wage or wage range in all internal and public job postings. Employers must also provide a general description of benefits.
Under existing requirements, Connecticut employers had to provide wage range information when the applicant requested it or before making an offer of compensation. The new law moves this disclosure requirement earlier in the hiring process and requires employers to provide a general description of benefits in job postings and with other required wage range disclosures.
The law defines “wage range” as the pay scale an employer sets in good faith for a position.
What Connecticut Employers Need to Know
Employers hiring in Connecticut should plan to update their job postings before Oct. 1. Take these steps to prepare:
- Review job posting templates: Make sure public and internal job ads include the required wage or wage range.
- Add benefits language: Prepare a standard description of benefits that can be tailored to each role as needed and used in required disclosures.
- Establish good-faith wage ranges: Document how each wage range is determined, such as pay scale, budgeted range, or current compensation for similar roles. Keeping this documentation can help support consistency if questions come up later.
- Train recruiters and hiring managers: Anyone creating or approving job postings should understand when pay and benefits information must be included.
Get Compliance Support with InCheck
As more states add requirements around pay transparency and medical marijuana, employers may need to take a closer look at their screening and hiring policies. Job postings, salary history practices, and drug testing procedures should be consistent and up-to-date to avoid compliance risks.
InCheck helps employers build screening programs that are tailored to their hiring needs and compliance requirements. Our team can help you create a process that’s both compliant and manageable. Contact us to learn how we can support your organization’s compliance efforts.
Disclaimer: This blog is for general informational purposes only and should not be construed as legal advice.