Changes are on the horizon for California employers. Beginning January 1, 2023, California employers will be required to disclose pay scales for positions published in job postings, which follows from California's recently enhanced pay transparency legislation (SB 1162), signed into law by Governor Gavin Newsom on September 27, 2022 (the "Law").

Prior to the Law's enactment, employers were merely required to provide a salary range to applicants upon reasonable request. The new Law, which applies to employers with 15 or more employees (including part-time employees), affirmatively requires such covered employers to:

• Include in all job postings, including those posted by third-party recruiters engaged by the employer, the salary or hourly wage scale that the employer reasonably expects to pay for the position.
• Provide current employees, upon request, with the pay scale for the position in which the employee is currently employed.
• Maintain records of the job title and wage rate history for each employee for a "specified timeframe." Notably, the failure to maintain such records creates a rebuttable presumption in favor of the employee if an employer fails to keep such records.

The Labor Commissioner is authorized to investigate complaints alleging violations of these requirements and, upon a finding of a violation, could order a covered employer to pay a civil penalty of between $100 and $10,000 per violation. The Law also provides a private right of action for an individual...

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