Posting a job opening sounds straightforward — but in California, it comes with a growing list of legal requirements that many employers overlook. From pay scale disclosures to salary history prohibitions, the rules around job postings have evolved significantly in recent years and continue to be refined by legislation, agency guidance, and litigation. Getting these right from the start is not just about compliance — it signals to applicants and regulators alike that your company takes its obligations seriously and reduces your exposure to enforcement actions and claims.
Here are five things California employers need to know before posting their next open position.
1. All California Employers Must Be Prepared to Disclose Pay Scales Upon Request
California’s pay transparency framework is primarily codified at Labor Code Section 432.3. The statute has two distinct origins. AB 168 (effective January 1, 2018) first prohibited employers from asking applicants about salary history and required employers to provide pay scale information upon reasonable request. SB 1162, signed by Governor Newsom on September 27, 2022 and effective January 1, 2023, significantly expanded those obligations — adding a mandatory posting requirement for larger employers, extending disclosure rights to current employees, and introducing a record retention requirement.
Under Labor Code §432.3(c)(1), all California employers — regardless of size — must provide the pay scale for an open position to any...
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