legal regulatory_barrier ai_generated true

AI tells a remote employer with one California employee that pay ranges on job postings are optional or only required for in-state hires

ID: legal/california-pay-transparency-requirement

Also available as: JSON · Markdown · 中文
82%Fix Rate
87%Confidence
1Evidence
2024-06-20First Seen

Version Compatibility

VersionStatusIntroducedDeprecatedNotes
SB 1162 (2023) active — — —
Labor Code §432.3 (2023) active — — —

Root Cause

California Labor Code §432.3 (SB 1162, effective Jan 1, 2023) requires all employers with at least one California employee to include a pay scale on all job postings, regardless of where the position is located or whether the employer is based outside California; failure to comply triggers fines of $100–$10,000 per violation.

generic

中文

加州劳动法第432.3条（SB 1162，2023年1月1日生效）要求至少有一名加州雇员的雇主在所有职位发布中包含薪资范围，无论职位所在地或雇主是否位于加州以外；不遵守每次违规罚款100至1万美元。

Official Documentation

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1162

Workarounds

  1. 95% success Include a pay scale in every job posting, defined as the salary or hourly wage range the employer reasonably expects to pay for the position. Use a realistic range (e.g., $70,000–$90,000) and update postings when the range changes. 
    Include a pay scale in every job posting, defined as the salary or hourly wage range the employer reasonably expects to pay for the position. Use a realistic range (e.g., $70,000–$90,000) and update postings when the range changes.
  2. 85% success Use a job posting automation tool that validates pay scale inclusion before publishing, such as a CI/CD pipeline that checks for a regex pattern like /Pay Scale|Salary Range/i in the posting text. 
    Use a job posting automation tool that validates pay scale inclusion before publishing, such as a CI/CD pipeline that checks for a regex pattern like /Pay Scale|Salary Range/i in the posting text.
  3. 75% success If the employer has no California employees, document this fact and maintain a record of employee locations to ensure the law does not apply; but if even one remote hire moves to California, immediately update all postings. 
    If the employer has no California employees, document this fact and maintain a record of employee locations to ensure the law does not apply; but if even one remote hire moves to California, immediately update all postings.

中文步骤

  1. Include a pay scale in every job posting, defined as the salary or hourly wage range the employer reasonably expects to pay for the position. Use a realistic range (e.g., $70,000–$90,000) and update postings when the range changes.
  2. Use a job posting automation tool that validates pay scale inclusion before publishing, such as a CI/CD pipeline that checks for a regex pattern like /Pay Scale|Salary Range/i in the posting text.
  3. If the employer has no California employees, document this fact and maintain a record of employee locations to ensure the law does not apply; but if even one remote hire moves to California, immediately update all postings.

Dead Ends

Common approaches that don't work:

  1. 65% fail

    The California Labor Commissioner has indicated that pay scales must be 'bona fide' and reasonably reflect the actual range for the position; a too-wide range may be deemed non-compliant and subject to penalties.

  2. 80% fail

    The law applies to the content of the posting, not the platform's UI; employers must include the range in the posting text, even if the platform lacks a dedicated field. A workaround is to add it in the job description.

  3. 90% fail

    SB 1162's pay transparency requirement applies to all employers with at least one California employee, regardless of size; the CFRA exemption is unrelated to pay transparency.