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Saturday, January 24, 2026

Ensuring Compliant California Job Postings for the New Year - The National Law Review

The complexities of California employment law begin not when an employer extends an offer, but as soon as they decide to post a job opening. Employers should ensure compliance with California’s job posting and hiring requirements in 2026.

Pay Scale

California law requires employers with 15 or more employees to include a pay scale in every job posting. As amended by Senate Bill 642, “pay scale” means a “good-faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire. Employers are not required to include overtime, bonuses, or benefits in the posted range. However, if the position’s base pay is determined in whole or in part by a piece-rate or commission structure, the expected range of that piece rate or commission must be disclosed. The pay-scale posting rule is distinct from California’s equal-pay laws, which define “wages” more broadly for pay-equity purposes.

Equal Opportunity Employment

The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on a wide range of protected characteristics, from race and gender identity to marital status and genetic information. That means your job posting should avoid language that could be seen as exclusionary.

Since January 1, 2025, California has prohibited employers from including statements about the need for a driver’s license unless the employer reasonably expects driving to be one of the functions of the job, and an alternative form of...



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