As has been the case for the last few years, 2023 will bring a variety of employment law changes for California employers. Below, we outline several new laws that require attention from California employers for the new year: (1) pay scale disclosure requirements, (2) pay data and recordkeeping requirements, (3) expanded leave protections, (4) expanded anti-discrimination and retaliation laws, (5) minimum wage increases, and (6) local and industry specific changes. California employers should review their policies and practices to evaluate whether any updates need to be made.

I. Pay Scale Disclosure Requirements

As of January 1, 2023, employers of 15 or more employees (with at least one in California) are now required to publish pay scales for open positions in any job postings, regardless of whether such postings appear on an internal or external job site.[1] The statute does not specify who qualifies as an employee for purposes of meeting the “15 or more employees” threshold, but the California Labor Commissioner interprets this requirement to mean at least one employee currently located in California.[2] Further, the pay scale must be included in the job posting “if the position may ever be filled in California, either in-person or remotely.”[3]

Additionally, all employers, regardless of their size, must provide the pay scale for an employee’s current position upon request, and must also provide a pay scale for the position to which an applicant has applied “upon ...

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