Do you have to post a salary range in California job postings?
California's pay-transparency law (SB 1162) generally requires employers with 15 or more employees to include a pay scale in job postings. Thresholds and details can change, so confirm how it applies to you.
Under SB 1162, employers with 15 or more employees are generally required to include the salary or hourly pay scale in job postings, including those made through third parties. California also gives applicants and current employees a right to the pay scale for a position on reasonable request.
What counts as a “pay scale,” how the size threshold is measured and how the rule is enforced can shift over time. Treat the 15-employee line and the posting duty as the general rule, and confirm the current requirement before relying on it.
Risky phrasing
“Now hiring in Los Angeles, pay commensurate with experience.”
Compliant rewrite
Now hiring in Los Angeles, $28–$34 per hour. (Include the pay scale where SB 1162 applies; confirm current thresholds.)
The law at a glance
- Law
- California pay transparency law (SB 1162, as amended by SB 642)Cal. Labor Code § 432.3
- In effect
- January 1, 2023 (SB 1162 posting requirement); SB 642 amendments effective January 1, 2026
- Who’s covered
- Employers with 15 or more employees, with at least one employee located in California. The Labor Commissioner has said the count includes workers inside and outside the state, so long as at least one is in California.
- Penalties
- Civil penalties can range from $100 to $10,000 per violation, assessed by the California Labor Commissioner. For a first posting violation, the statute directs that no penalty applies if the employer shows it has updated all open postings to include pay scales.
What that means for a posting
- Include the pay scale in the job posting itself. As of January 1, 2026, "pay scale" means a good-faith estimate of the salary or hourly wage range the employer reasonably expects to pay for the position upon hire.
- Put the range in the posting text — the Labor Commissioner's guidance says a link or QR code pointing to the range generally does not satisfy the requirement.
- If a staffing agency, recruiter or job board posts on your behalf, you must give them the pay scale, and the third-party posting must include it.
- Only the salary or hourly wage range is required in the posting. If the position is paid by commission or piece rate, that rate or range generally must be posted instead; bonuses and benefits are not required, though you may add them.
- Provide the pay scale to an applicant on reasonable request (this duty is not limited to 15-employee companies), and to a current employee who asks for the pay scale of their own position.
- Keep records of each employee's job title and wage rate history for the duration of employment plus three years — the Labor Commissioner can inspect them.
Remote and out-of-state postings
The Labor Commissioner's FAQ says the pay scale must be included if the position may ever be filled in California, either in person or remotely. That means a fully remote posting open to California candidates is generally covered, and an out-of-state employer generally cannot avoid the rule if it has 15 or more employees, at least one of them in California, and the role could be filled from the state.
How it’s actually enforced
Enforcement runs through the Labor Commissioner's Office: a person can file a complaint within one year of learning of a violation, and the Commissioner can investigate and assess the $100–$10,000 civil penalties. An aggrieved person can also bring a civil action, but the statute frames that remedy as injunctive relief plus whatever other relief the court deems appropriate — not a fixed per-applicant damages schedule. The built-in cure for a first posting violation (update all open postings, no penalty) gives employers who fix mistakes quickly a meaningful safety valve. Separately, SB 642 extended the limitations period for Equal Pay Act pay-discrimination claims under Labor Code § 1197.5 to three years, with recovery reaching back up to six years — a reason to keep posted ranges honest, since postings can become evidence in those cases.
Common follow-ups
Does the law apply to remote jobs or out-of-state employers?+
Generally yes, if the role could be filled from California. The Labor Commissioner's guidance says the pay scale must appear in the posting if the position may ever be filled in California, in person or remotely. The 15-employee threshold counts employees inside and outside the state, as long as at least one works in California. Employers who want to exclude California entirely sometimes say so expressly in the posting, but confirm that approach with counsel — it has not been squarely blessed by the state.
What if a staffing agency or job board posts the role for us?+
The obligation follows the posting. An employer with 15 or more employees that engages a third party to post or announce a job must provide the pay scale to that third party, and the statute says the third party must include it in the posting. Using an agency or aggregator does not remove the range requirement.
Do we have to post bonuses, commissions or benefits?+
Generally no. The Labor Commissioner's FAQ says only the salary or hourly wage range is required — bonuses, tips and benefits do not have to be posted, though you can include them voluntarily. One exception: if the position is paid by commission or piece rate, that rate or range generally must be included, because it is the core pay for the job. Note that for equal-pay claims (a separate provision), SB 642 broadened "wages" to cover essentially all forms of compensation.
Who enforces this, and can applicants sue?+
The Labor Commissioner enforces Labor Code § 432.3. A person can file a complaint within one year of learning of a violation, and penalties can range from $100 to $10,000 per violation. A person can also bring a civil action, but the statute describes that remedy as injunctive relief and other relief a court deems appropriate, rather than automatic dollar damages. For a first posting violation, no penalty applies if the employer shows all open postings have been updated with pay scales.
What changed on January 1, 2026 under SB 642?+
SB 642, signed October 8, 2025, redefined "pay scale" as a good-faith estimate of the range the employer reasonably expects to pay for the position upon hire. Commentators read that as narrowing very wide ranges — the posted range should reflect what a new hire would realistically be offered, not the position's full career span. SB 642 also broadened the Equal Pay Act's definition of wages and extended its limitations period to three years (with recovery reaching up to six years of violations).
Do applicants or current employees have a right to the range outside of postings?+
Yes. Regardless of the posting rule, an employer generally must provide the pay scale for a position to an applicant who makes a reasonable request, and a current employee can request the pay scale for their own position. These request rights are part of the same statute and are not limited by the 15-employee posting threshold, so smaller California employers are not fully outside the law.
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- Cal. Labor Code § 432.3 (official statute text, California Legislative Information)
- California DIR / Labor Commissioner — Equal Pay Act and pay transparency FAQs
- Ogletree Deakins — California Refines Pay Transparency Requirements (SB 642)
- Ogletree Deakins — California Labor Agency Posts FAQs Relating to New Pay Scale Posting Requirements
- Littler — California Labor Commissioner Releases Limited Guidance on Pay Transparency Law
- Morgan Lewis — California Amends Pay Transparency Requirements
Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.