In line with a current trend across the country, the California Senate recently sent a bill to the Governor’s desk that will require certain employers to include compensation information in job postings along with other pay scale disclosure requirements. As we previously reported on Colorado, New York state, and New York City, there are subtle differences between each jurisdiction’s pay transparency laws, and therefore, employers should seek guidance in seeking to comply.
If signed into law – and all indications are that Gov. Gavin Newsom will do so – the California bill’s job posting requirements will apply to any employer with 15 or more employees. Covered employers must include the pay scale (defined as the salary or hourly wage range that the employer reasonably expects to pay for the position) in all job postings. Unlike other pay transparency laws, the bill does not illustrate whether it applies to job postings for positions that could or will be performed in California.
The pay scale must also be included in any third party postings if a covered employer engages a third party to do so. Employers that hire third parties to handle job postings should consider adding an indemnity clause in favor of the employer to any service agreement.
In addition to the job posting requirements, all employers (regardless of size) must provide the pay scale upon a current...
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