Before a client's job ad goes external, recruiters should check coverage, pay disclosure, applicant limits, internal notification and posting evidence.
Key takeaways
- Check headcount first: Illinois coverage starts at 15 or more employees ( Illinois Department of Labor), and Massachusetts at 25 or more in the commonwealth. An agency with fewer than 15 employees does not avoid Illinois coverage if the employer that engaged it has 15 or more.
- Put pay scale and benefits in each Illinois posting, or link directly to them.
- Give Massachusetts postings the pay range for the specific position ( The General Court of the Commonwealth of Massachusetts).
- Within 14 days of external publication, make all opportunities known to all employees for Illinois postings, and assign who sends that notice.
- Keep a record of the pay scale and benefits for each Illinois posting, such as a visual representation of the advert as published.
Recruiter job posting checklist: seven checks before release
Recruiters must verify employer coverage, pay disclosures, applicant restrictions, internal notification, and posting evidence because using an agency does not remove these obligations. The following seven checks apply when reviewing a client advert:
- Employer coverage checks: Confirm if the client meets the threshold of 15 or more employees for Illinois-connected postings Illinois Department of Labor.
- Pay range content checks: Ensure the position’s pay scale (or compensation) and benefits appear in the posting. For Illinois roles, a hyperlink leading directly to them also works. Massachusetts postings must disclose the pay range for that position.
- Position link checks: Verify any required hyperlinks point to valid position-specific information.
- Agency responsibility checks: Clarify which party owns compliance duties during the handoff.
- Applicant eligibility checks: Review restrictions to ensure they align with legal requirements.
- Internal opportunity checks: Plan how externally advertised roles will be shared internally.
- Posting evidence checks: Arrange preservation of the published advert representation.
Complete these steps before external publication to maintain compliance with the specific jurisdictional rules applicable to the role.
Before review: Establish employer coverage and posting scope
Start by confirming whether the client meets the employee thresholds for Illinois or Massachusetts. According to the Illinois Department of Labor, employers with 15 or more employees must include pay scales and benefits in job postings for work performed at least in part in Illinois. If you are using an agency, note that it is not a defense to the IL EPA that the third party has fewer than 15 employees so long as the employer that engaged them does. It is also not a defense that the third party is not in Illinois so long as it was engaged to make known a job posting for Illinois work.
For Massachusetts clients, determine if they employ 25 or more employees in the commonwealth. The General Court of the Commonwealth of Massachusetts defines a covered employer as any public or private employer meeting this threshold. Their definition of a posting includes recruitment done directly by a covered employer or indirectly through a third party. This means your agency’s external advertisements fall under these definitions when recruiting for specific positions. For related headcount rules, see Hiring laws at 15 staff, 20 staff, and age 40.
| Publisher | Coverage Trigger | Scope Definition |
|---|---|---|
| Illinois Department of Labor | 15 or more employees | Work performed at least in part in Illinois |
| General Court of the Commonwealth of Massachusetts | 25 or more employees in the commonwealth | Public or private employers |
| Illinois Department of Labor | Employer engaging third party | Third party size or location is not a defense |
| Illinois Department of Labor | Making a job posting | Pay Transparency applies if a posting is made |
| General Court of the Commonwealth of Massachusetts | Specific employment position | Includes direct or indirect third-party recruitment |
Verify the client's headcount against these triggers before proceeding to content checks.
During review: Check pay content, links and applicant restrictions
Verify that the advert meets specific state disclosure rules before it goes live. For Illinois postings, a specific job posting can meet requirements by including a hyperlink, provided the link leads directly to the pay and benefits for that position in the posting Illinois Department of Labor. Ensure the URL is active and points to the correct role data. In Massachusetts, a covered employer or its agent must disclose the pay range for a particular and specific employment position in the posting The General Court of the Commonwealth of Massachusetts. This range is defined as the annual salary or hourly wage range the employer reasonably and in good faith expects to pay at that time. Confirm the numbers reflect current budget expectations rather than historical figures.
Screen the text for restrictive language regarding citizenship and origin. An employer may restrict hiring to U.S. citizens only if a law, regulation, executive order, or government contract requires the employer to do so U.S. Department of Justice. If no such requirement exists, remove citizen-only language from the draft. Employers are not allowed to treat individuals differently in recruitment because of their actual or apparent national origin, which includes place of birth, country of origin, ancestry, or native language. Review ad copy for phrases implying a preference for applicants who look or sound non-foreign. For related citizenship and origin rules, see the immigration employment rules guide.
Check age-related criteria against Minnesota guidelines. The prohibition against unfair practices based on age prohibits using a person's age as a basis for a decision if the person is over the age of majority Minnesota Legislature Office of the Revisor of Statutes. Note that section 363A.13 protects any individual over the age of 25 years. Flag any minimum age requirements that conflict with these protections.
| Check Type | Requirement | Source Publisher |
|---|---|---|
| Hyperlink validity | Link leads directly to pay and benefits for that position | Illinois Department of Labor |
| Range definition | Annual salary or hourly wage range reasonably expected | The General Court of the Commonwealth of Massachusetts |
| Posting inclusion | Disclose pay range for a particular and specific position | The General Court of the Commonwealth of Massachusetts |
| Citizenship limit | Restriction allowed only if a law, regulation, executive order or government contract requires it | U.S. Department of Justice |
| Origin bias | No different treatment based on national origin indicators | U.S. Department of Justice |
| Age decision | Prohibited for persons over age of majority under the statute | Minnesota Legislature Office of the Revisor of Statutes |
After publication: Plan employee notification and evidence capture
Once the client’s advert goes live, assign a specific owner to handle the internal communication window. According to Illinois Department of Labor, for Illinois postings, if an employer or a third party engaged to act on their behalf externally publishes a specific job posting, the employer must within 14 days make all opportunities known to all employees. External publication starts this timeline. Separately, your agency contract should state who sends the internal announcement: your team or the client’s HR department. Do not assume the handoff happens automatically.
Simultaneously, arrange for the preservation of the published advert itself. The same source requires employers with 15 or more employees to make and preserve records documenting the pay scale and benefits for each internal or external job posting, such as a visual representation of what that posting looked like when published, whether the posting was made by the employer or its agent, or a third party engaged by the employer. A screenshot is one way to capture the published advert, but confirm the file format your client’s compliance team accepts. Store this evidence in the same folder as the final approved job description. For a fuller review of employer files, see the recruiting records audit.
Use the table below to track these three post-publication actions. Note that these duties apply specifically to Illinois-connected postings under the cited threshold; they do not create a universal rule for every jurisdiction.
| Action item | Timing |
|---|---|
| Notify all employees of the opportunity | Within 14 days of external publication ( Illinois Department of Labor) |
| Save a visual representation of the posted advert | Suggested: capture it when the advert goes live (not a statutory deadline) |
| Archive pay scale and benefits documentation | Suggested workflow: store it with the approved job description |
Recruiter posting reference table by publisher
The following table summarizes key rules from each cited publisher for quick consultation during the pre-publication review process.
| Publisher | Key Rule or Definition | Source URL |
|---|---|---|
| Illinois Department of Labor | Employers with 15+ employees must include pay scale and benefits in postings for work performed at least in part in Illinois. | Illinois Department of Labor |
| Illinois Department of Labor | Externally published postings require employers to make all opportunities known to all employees within 14 days. | Illinois Department of Labor |
| Illinois Department of Labor | A hyperlink meeting requirements must lead directly to the pay and benefits for that specific position. | Illinois Department of Labor |
| Illinois Department of Labor | Agency size or location is not a defense if the engaging employer meets the threshold and the work is in Illinois. | Illinois Department of Labor |
| Illinois Department of Labor | Employers must preserve records documenting pay scale and benefits, such as a visual representation of the published posting. | Illinois Department of Labor |
| Illinois Department of Labor | While no employer is required to make a job posting, Pay Transparency applies if they do. | Illinois Department of Labor |
| The General Court of the Commonwealth of Massachusetts | A covered employer is any public or private entity employing 25 or more employees in the commonwealth. | The General Court of the Commonwealth of Massachusetts |
| The General Court of the Commonwealth of Massachusetts | For enforcement, an offense includes one or more job postings made by the same employer during a 48-hour period. | The General Court of the Commonwealth of Massachusetts |
| The General Court of the Commonwealth of Massachusetts | Pay range is defined as the annual salary or hourly wage range the employer reasonably and in good faith expects to pay. | The General Court of the Commonwealth of Massachusetts |
| The General Court of the Commonwealth of Massachusetts | Posting includes recruitment done directly by a covered employer or indirectly through a third party. | The General Court of the Commonwealth of Massachusetts |
| The General Court of the Commonwealth of Massachusetts | Covered employers or their agents must disclose the pay range for a specific position in the posting. | The General Court of the Commonwealth of Massachusetts |
| U.S. Department of Justice | Employers may restrict hiring to U.S. citizens only if a law, regulation, executive order, or government contract requires it. | U.S. Department of Justice |
| U.S. Department of Justice | Employers cannot treat individuals differently in recruitment based on actual or apparent national origin indicators. | U.S. Department of Justice |
| Minnesota Legislature Office of the Revisor of Statutes | Age-based decisions are prohibited for persons over the age of majority, with specific protections noted for those over 25. | Minnesota Legislature Office of the Revisor of Statutes |
Record the seven checks for each handoff
Record the seven checks above for each client before external release. Next step today: pick one pending client advert and record its coverage, pay content, applicant restrictions and the owner of the Illinois notification handoff.
FAQ: Client coverage and external advert checks
What belongs on a recruiter job posting checklist?
The checklist covers employer coverage, pay range content, position links, agency responsibility, applicant eligibility, internal opportunity notification, and posting evidence. These seven items separate jurisdiction-specific duties from general review steps. Use the list to verify that each client advert meets its specific legal requirements before release.
Does Illinois coverage change if our recruiting agency has fewer than fifteen employees?
No, agency size does not remove the obligation if the engaging employer meets the threshold. Illinois Department of Labor states that having fewer than 15 employees is not a defense when the employer engaged them has 15 or more. The rule applies so long as the third party was engaged to make known a job posting for work in Illinois.
Can an Illinois advert link directly to the position's pay and benefits?
Yes, a hyperlink can satisfy the inclusion requirement. Illinois Department of Labor confirms that a posting may meet requirements by including a link that leads directly to the pay and benefits for that specific position. Ensure the destination page displays the correct compensation details for the role advertised.
When must an Illinois employer tell employees about an externally advertised opportunity?
The employer must make all opportunities known to all employees within 14 days. Illinois Department of Labor specifies this deadline applies when an employer or a third party acting on their behalf externally publishes a specific job posting. Assign a team member to track this handoff immediately after publication.
How does Massachusetts group job postings made within forty-eight hours for enforcement?
One or more job postings by the same employer during a 48-hour period count as a single offense. The General Court of the Commonwealth of Massachusetts defines this grouping for enforcement purposes under Section 105F. This rule affects how multiple simultaneous ads are treated in compliance reviews.