Your pay rights in California

California Pay Transparency Law (Cal. Lab. Code § 432.3)

Job posting rules in effect since January 1, 2023

California employers with 15 or more employees must put the pay scale (a good-faith salary or hourly range) in every job posting. You can ask for the pay scale for a job you applied to, and employers may not ask about your salary history.

Who is covered

The rule to post pay applies to employers with 15 or more employees, at least one of whom is in California. The state Labor Commissioner says the pay scale must be in the posting if the job may ever be filled in California, in person or remotely. If an employer uses a third party, such as a job board or recruiter, it must give that party the pay scale, and the third party must include it. The salary history ban and the right to ask for the pay scale apply to all employers, including state and local government, of any size.

What a job posting must show

The pay scale: a good-faith estimate of the salary or hourly wage range the employer reasonably expects to pay when it hires
If the job pays by piece rate or commission, a good-faith estimate of that piece-rate or commission range
The pay scale must be in the posting itself. The Labor Commissioner says a link or QR code to the pay scale is not enough.
Bonuses, tips, and benefits are not required, though employers may add them

Pay history

Employers may not ask about your past pay or benefits, themselves or through someone else, and may not use it to decide whether to hire you or what to pay you. If you share it on your own, without being asked, they may consider it, but it can never justify paying people differently by sex, race or ethnicity. They may ask what pay you expect for the job.

What you can do

Ask the employer for the pay scale of a job you are applying for. It must provide it if the request is reasonable.
Current employees can ask for the pay scale of their own job
File a complaint with the Labor Commissioner's Office within one year after you learned of the violation
Sue in court for an order to stop the violation and any other relief the court finds appropriate

Where to report a posting without pay

California Labor Commissioner's Office (Division of Labor Standards Enforcement)

The Labor Commissioner can fine an employer $100 to $10,000 per violation, based on all the circumstances, including past violations. For a first violation of the pay scale rules, there is no fine if the employer shows it has updated all its open job postings to include the pay scale.

Sources

SB 642, effective Jan. 1, 2026, changed the definition of 'pay scale' to 'a good faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire.' It also changed the separate Equal Pay Act (Lab. Code § 1197.5): the deadline to sue is now 3 years, back pay can cover up to 6 years, and 'wages' now includes things like bonuses and stock. The posting rule came from SB 1162 (2022) and took effect Jan. 1, 2023. Five points come from Labor Commissioner guidance rather than the statute: the 'one employee in California' rule, remote jobs being covered, links not counting, a good faith estimate being required for piece-rate or commission pay, and bonuses and benefits not having to be posted.