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California Pay Transparency Law: Small-Business Guide

California pay transparency law for small business: which rules apply at your headcount, how to write a compliant job posting, penalties, and updates.

Nick Anisimov

Nick Anisimov

FirstHR Founder

Payroll•
•
21 min

California Pay Transparency Law

Which rules bite at your headcount, how to write a compliant job posting, what it costs to get it wrong, and the 2026 changes most guides have not caught up with

Almost every guide to California pay transparency is written for a company that does not look like yours. The framing is enterprise: HR directors, compensation teams, legal departments. And the practical question a small-business owner actually has, the one I would want answered first, gets answered in a single sentence buried halfway down: does this even apply to me?

My answer is that it does, at least partly, and the part that applies at your size is not the part most guides emphasize. Three of the law's rules bite from your very first employee. Another bites at 15, and one more only at 100, which most small businesses never reach.

If you do not know your headcount tier, you are either doing work you do not have to do or missing something required since Senate Bill (SB) 1162 took effect. This is the small-business version: which rules apply at your headcount, how to write a compliant posting, what mistakes cost, and the 2026 changes most guides miss.

I build FirstHR, which keeps the employee records and documents this law leans on in one place. One caveat before we start: laws change, this is general information rather than legal advice, and you should confirm the current rules before you rely on them.

TL;DR
California employers of any size must skip salary history questions, keep wage records, and give a pay scale on request. At 15 employees it goes into every job posting; at 100 you file pay data reports. Both thresholds count your whole workforce. Since January 1, 2026 the scale must be a good faith estimate of what you'd pay on hire.

What the Law Actually Is

California pay transparency is not one law but a framework built up over several years. The posting, request, salary-history, and recordkeeping rules all sit in Labor Code Section 432.3, while the annual pay data report lives separately in Government Code Section 12999.

Definition
California Pay Transparency Law
A set of requirements under California Labor Code Section 432.3 that govern how employers handle pay information. It began with Assembly Bill (AB) 168 in 2018, which banned asking applicants about salary history and required employers to provide a pay scale (the pay range for the job) on request. SB 1162, effective January 1, 2023, added a requirement that employers with 15 or more employees include a pay scale in every job posting, mandated recordkeeping, and expanded the separate pay data reporting duty under Government Code Section 12999 for employers with 100 or more employees. SB 642, effective January 1, 2026, tightened the definition of pay scale to a good faith estimate of what the employer reasonably expects to pay upon hire.

The framework is layered, and the layers attach at different headcounts. That structure is why small businesses get confused, and why the first thing to figure out is not what the rules are but which of them apply to you.

Per the California Legislature, SB 1162 amended Section 432.3 to require that an employer with 15 or more employees include the pay scale for a position in any job posting. The same section already required every employer, since AB 168, to give an applicant the pay scale on reasonable request. Two different rules, two different triggers, in the same statute.

Does It Apply to My Business?

Yes, but the rules that apply depend entirely on your headcount, and the count is not what most owners assume. It is your total number of employees wherever they work, as long as at least one of them works in California.

What applies at your size
Any size, even one employee
•Cannot ask an applicant about salary history, orally or in writing, directly or through a recruiter
•Cannot rely on salary history to set pay, unless the applicant volunteered it unprompted
•Must give any applicant the pay scale for a role on reasonable request
•Must give any current employee the pay scale for their own position on request
•Must keep job title and wage rate history for each employee, for employment plus three years
This is the part small employers miss. These rules apply at any headcount, including if you have never posted a single job
15 or more employees
•Everything above, plus:
•Must include the pay scale in every job posting, internal and external
•The scale must be in the posting itself, not behind a link or QR code
•Must give the pay scale to any third party posting on your behalf, and they must include it
•Applies to remote roles that could be filled by someone in California
The 15 counts your total workforce, not just California employees
100 or more employees
•Everything above, plus:
•Must file an annual pay data report with the California Civil Rights Department
•Report covers pay, demographic, and workforce data by job category, sex, race, and ethnicity
•Separate report required for 100+ labor contractor workers
•Due the second Wednesday of May each year
The 100 threshold also counts total headcount, in and out of California, provided at least one employee is based there. Most small businesses never reach this tier
The posting requirement is the tier most people think of, but it is not the only tier.

Read the top tier again, because it is the one that catches small employers off guard. The salary-history ban, the pay-scale-on-request rule, and the recordkeeping rule apply to you with a single employee. You do not get an exemption for being small. You get an exemption from the posting requirement specifically, and only until you reach 15.

The 15 Counts Everyone, Not Just Californians
The most common small-business mistake is counting only California employees. The threshold is your total workforce, wherever those people work. If you have 12 employees in Texas and 3 in California, you are at 15 and the posting requirement applies to you. The same logic applies to the 100-employee reporting threshold. What ties you to California is having at least one employee there. What sets your obligation tier is your headcount everywhere.

If You Have Fewer Than 15 Employees

You are not off the hook. Even with one employee, three obligations are live.

First, the salary-history ban. You cannot ask an applicant what they currently make or previously made, orally or in writing, and you cannot rely on salary history to decide whether to hire them or what to pay them. You can ask what they expect to earn for this job.

The expectation-versus-history distinction is where small employers slip, usually in a casual interview question that feels harmless. The volunteered figure is the other surprise. Per the California Labor Commissioner (August 2026), an applicant who offers salary history unprompted frees you to consider it, though prior pay still cannot justify a disparity between people doing substantially similar work.

Second, the pay-scale-on-request rule. If an applicant asks for the pay range for a role, or a current employee asks for the range for their own position, you have to provide it. There is no headcount floor, so even a business with no open jobs and no postings needs a defined range for each role it can produce on request.

Third, recordkeeping. For every employee, you need to hold on to the job title and wage rate history during their employment and for three years after it ends.

What worked for me
When we were small, I assumed pay transparency was a big-company problem and mentally filed it under later. Then an employee asked me, directly, what the range was for their role. I did not have one. Not because I was hiding anything, but because I had never written it down: I paid people what seemed right at the time. I gave them an honest answer on the spot, but the request made something obvious. The law was not asking me to publish anything. It was asking me to actually know what I would pay for each job, and to have it recorded. That is a records discipline, not a legal one, and it is worth building before you hit 15, not after, because at 15 the same ranges have to go into every posting anyway.
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The Job Posting Rule at 15+ Employees

Once you reach 15 employees, every job posting must include the pay scale, and the mechanics of that requirement are specific enough that employers trip on the details rather than the concept.

The rule, per the statute: include the salary or hourly wage range in the posting. Four details make it more demanding than it first appears.

The ruleWhat it means in practice
In the posting itselfThe range goes in the body of the ad. Not behind a link, not behind a QR code, not on a separate page an applicant has to click through to
Every postingInternal and external both. A posting for an internal promotion or transfer needs the range just like a public job ad
Through third parties tooIf a recruiter or job board posts for you, you must give them the range and they must include it. Using a third-party job board does not remove the obligation
Remote roles a Californian could fillIf the job could be done by someone in California, the range is required, even if your company is headquartered in another state, provided at least one of your 15 or more employees is currently based in California

The link-and-QR-code prohibition is the one people are most surprised by. According to the Labor Commissioner's equal pay FAQ (August 2026), the pay scale must sit in the job posting itself, so neither a link nor a QR code satisfies the rule. It has to be right there in the text a candidate reads.

And the remote-role point is what pulls out-of-state companies into California law. Suppose you have 15 or more employees in total, at least one of them currently in California. Any remote role a California resident could take then needs a range in its posting. Your headquarters being in another state does not matter.

The Good-Faith Change Most Guides Missed

Since January 1, 2026, a pay scale has to be a good faith estimate of what you would pay a new hire for the role. That is the most important update in the law, and the one other guides are most likely to have missed.

SB 642 Redefined Pay Scale for 2026
Effective January 1, 2026, per the California Legislature, a pay scale means "a good faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire." The new words are "good faith" and "upon hire." Under the old definition, a range like $40,000 to $120,000 was arguably compliant because it technically stated what you might pay for the position. Under the new one, it is not, because it is neither a good faith estimate nor tied to what you would pay a new hire on day one.

Here is why this is more than semantics. The original rule had a loophole: employers could post absurdly wide ranges that met the letter of the law while telling applicants nothing. Lawmakers noticed, and the 2026 amendment closes it by requiring a genuine range that reflects the hiring reality, not the theoretical ceiling of the role after years of raises.

What a good-faith range looks like since 2026
Not compliant$40,000 to $120,000
A range this wide for one mid-level role tells an applicant nothing. It exists only to technically fill the field, which is the specific thing the law has forbidden since 2026
Not compliant$15 to $200 per hour
The classic bad-faith posting. A top rate more than thirteen times the bottom one is not an estimate of anything, and it cannot survive the good-faith standard that took effect in 2026
Compliant$75,000 to $85,000
A realistic range tied to what you actually expect to pay a new hire for this specific role. Narrow enough to be useful, honest enough to be defensible
Compliant, hourly$22 to $26 per hour
Same principle for an hourly role. The range reflects your genuine hiring budget for the position, not the full span from trainee to fifteen-year veteran
The test in every row is the same: is this what you would actually offer a new hire, on the day they start, for that specific job?

The practical effect is that you can no longer treat the pay range as a compliance formality to be filled with a safe, meaningless spread. You have to decide what you would actually pay a new hire for the role and post that. Awkwardly for anyone who was gaming the old rule, that is exactly what the law was after all along.

15
Employees that trigger the job-posting requirement. Counted across your whole workforce, not just California
3
Years after employment ends that you must keep job title and wage history for each employee
$10,000
Maximum civil penalty per posting or pay-scale violation under Labor Code 432.3

How to Write a Compliant Job Posting

The mechanics are simple once the good-faith rule is clear. A compliant posting needs a real range, in the body, for the role as it would be filled today.

A compliant job posting, annotated
Office Manager
Sacramento, CA (Hybrid)
Pay range: $58,000 to $68,000 per yearRequired. In the posting itself
We are a 22-person company looking for an office manager to run day-to-day operations, manage vendor relationships, and support a small but growing team.
Benefits include health coverage, paid time off, and a retirement plan. Details provided during the interview process.
Three things make this compliant. The range is present, it is realistic for the role, and it sits in the body of the posting rather than behind a link.

In this example the range is narrow enough to mean something, and it reflects what you would actually pay a new office manager, not the span from entry level to a tenured office manager with a decade of raises. The posting does not need bonus or benefits detail, though including a line about benefits tends to draw more applicants.

1
Set the good-faith range before you write the ad
Decide what you would genuinely pay a new hire for this specific role on their start date. That is your range. If you cannot name it, you are not ready to post, because the range is now the load-bearing part of the ad.
2
Put the range in the body of the posting
Directly in the text a candidate reads. Not behind a link, not in a QR code, not on a separate application page. If a recruiter or job board is posting for you, hand them the range and confirm it appears.
3
Keep the range realistic and role-specific
A wide spread that could fit any job in the company is the exact thing SB 642 now forbids. Tie the range to this position as it would be filled today, not to the role's theoretical lifetime ceiling.
4
Cover internal postings and remote roles
Internal promotion and transfer postings need the range too. So does any remote role a California resident could fill, wherever your company is based, provided at least one of your 15 or more employees is currently in California.
5
Handle commission and piece-rate roles
Where a position is paid by piece rate or commission, the Labor Commissioner requires a good faith estimate of the piece rate or commission range you expect to pay upon hire. It goes in the posting exactly as a salary range would.

Responding to Pay Scale Requests

Every employer, at any size, has to provide the pay scale when an applicant or a current employee asks, and the rule has no calendar. A request can arrive on any day, so you have to be ready to answer.

Two versions of the request exist. An applicant can ask for the pay scale of a position they are applying for, and a current employee can ask for the pay scale of the position they currently hold. Both are rights under the statute, and both require you to produce a real range for that specific role.

The request rule matters even for the smallest employers because the obligation does not depend on job postings at all. You might never post a job and still have to tell an existing employee the range for their role when they ask.

Have the Ranges Written Down Before Anyone Asks
The request rule turns into a scramble only if you have not decided your ranges in advance. If every role in your business has a defined, good-faith range recorded somewhere retrievable, responding to a request is a lookup that takes a minute. If a role has no range on file, you are inventing a defensible number under pressure while an employee waits, which is exactly when a number comes out wrong. Define the ranges once, keep them current, and the request obligation stops being stressful.

This is the sheet that turns the obligation into a lookup. The first tab is the register of ranges, one row per role. The second is a short log of who asked and what you told them, which is how you keep two people from getting two different answers for the same job.

Pay Scale Register and Request Log
ABCDEFGHIJ
1Job titleLocation or remotePay basis (salary, hourly, commission)Range lowRange highWhat this range is based onWould we pay this to a new hire on day one? (Y/N)Set byDate setDate last reviewed
2
3
4
5
6
7
8
9
10
11

The column that does the real work is the good-faith check. If the honest answer to "Would we pay this to a new hire on day one?" is no, the range is not the real range. That same number is about to go into a posting where it does not belong.

The Recordkeeping Rule

Every California employer must keep records of the job title and wage rate history for each employee, for the duration of employment plus three years after it ends. This applies at any size, and missing records carry a consequence unlike the others.

The distinctive risk is not the fine. It is the presumption. If you fail to keep these records, Labor Code Section 432.3 creates a rebuttable presumption in favor of an employee bringing a pay-related claim. In plain terms, missing records tilt the dispute toward the employee before the facts are even argued. You are starting a fight already behind.

The record itself is small. One row every time a person's title or rate changes, and one date telling you when you may stop keeping it.

Job Title and Wage Rate History Log
ABCDEFGHI
1EmployeeJob titleEffective date of this title and ratePay basisWage rateReason for the changeRecorded byEmployment end dateRetain through (end date plus three years)
2
3
4
5
6
7
8
9
10
11

Add the row on the day the change takes effect rather than reconstructing the history later, because a gap in the record is exactly what triggers the presumption. Leave the last two columns blank while someone is employed, then fill both on their final day so the retention date is set while you still remember it.

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Pay Data Reporting at 100+ Employees

Employers with 100 or more employees must file a pay data report with the state. If you are nowhere near that, treat it as a large-employer obligation: note the threshold and move on. If you are approaching 100, here is what waits.

According to the California Civil Rights Department, private employers with 100 or more payroll employees, and separately those with 100 or more labor contractor employees, must report pay, demographic, and workforce data every year. The report breaks the data down by job category, sex, race, and ethnicity.

The Reporting Deadline Is Fixed and Enforced
Per the California Civil Rights Department pay data FAQ, the threshold is 100 or more employees in total, counting those inside and outside California, with at least one in California. Government Code Section 12999, as amended by SB 464, sets the filing date at the second Wednesday of May for a report covering the prior calendar year, which puts reporting year 2026 on May 12, 2027. The same section says a court shall impose a civil penalty of up to $100 per employee for a failure to file and up to $200 per employee for a subsequent failure.

The 100-employee threshold sneaks up on growing companies. It counts total headcount, in and out of California, so a company scaling across several states can cross 100 without any single office feeling large.

If you are close to 100 and hiring, the reporting obligation is on your horizon, and the data it requires is easier to produce if your employee database already captures the relevant fields.

What It Costs to Get It Wrong

Violating the posting, pay scale, salary history, or recordkeeping rules can cost $100 to $10,000 per violation. Failing to file the pay data report can cost up to $100 per employee the first time and up to $200 per employee after that. The structure rewards employers who fix problems quickly.

ViolationPenaltyThe nuance
Job posting or pay scale, Labor Code 432.3$100 to $10,000 per violationFor a first violation, no penalty is assessed if you show all job postings have been updated to comply. Fixing it fast can zero out the first strike
Pay data reporting failure, Gov Code 12999Up to $100 per employee, then up to $200Applies at 100+ employees. Courts are now required to impose these, not merely permitted to
Recordkeeping failureThe same $100 to $10,000 range, plus a legal presumptionThe records duty is part of Labor Code 432.3, so the per-violation penalty reaches it too. The larger cost is the rebuttable presumption in the employee's favor that missing job title and wage history records create in a pay claim
Salary history questionsThe same $100 to $10,000 range, plus a private suitThe salary-history ban sits inside Labor Code 432.3, so the same penalty reaches it. An aggrieved person has one year from learning of the violation to complain to the Labor Commissioner, and may also sue for injunctive relief (a court order to do or stop doing something) and any other relief the court deems appropriate
Banning employees from discussing payExposure under separate statutesLabor Code 232 bars requiring an employee to keep their own wages secret and bars disciplining one who discloses them. Labor Code 1197.5(k) reaches further, barring a policy against discussing the wages of others or asking what a coworker earns, and an employee retaliated against for it can recover reinstatement and lost wages

The posting penalty has a built-in mercy: a first violation carries no penalty if you demonstrate that all your postings have been corrected. That is a strong incentive to audit and fix rather than wait, because the moment you know a posting is non-compliant, updating it protects you.

The recordkeeping presumption is the quietly expensive part. Unlike a fine, it never arrives as a penalty notice; it shows up as a disadvantage in a dispute you did not expect to be in.

The pay data penalties, now mandatory rather than discretionary, are the reason a growing company should treat the 100-employee line as a real event. This is the same category of slow-burn compliance risk as the rest of small-business employment law: nothing goes wrong for a while, and then it does.

What Changed and What Is Coming

Two bills signed in October 2025, SB 642 and SB 464, changed the rules for 2026 and set one more change for 2027. They are the reason to re-check your postings every January.

SB 642, titled Employment: payment of wages, took effect January 1, 2026. Beyond redefining pay scale as a good faith estimate upon hire, it added a definition of wages for equal pay claims that reaches more forms of compensation than base pay, naming overtime pay, bonuses, stock, stock options, and profit sharing alongside salary.

The filing window grew too. SB 642 extended the statute of limitations (the time limit for bringing a claim) for equal pay claims under Labor Code Section 1197.5 to three years from the last date the cause of action occurs. Recovery is available for a violation over a look-back period not exceeding six years. Longer window, wider scope.

SB 464 lands in two pieces. The first applies from 2026: employers must collect and store the demographic data gathered for pay data reports separately from regular personnel files. The requirement sits in Government Code Section 12999.

The second piece is the job category switch. Beginning with the 2027 filing cycle, Section 12999 as rewritten by SB 464 replaces the current 10 EEO-1 categories (the job groups from the federal Equal Employment Opportunity workforce report) with 23 categories drawn from the Standard Occupational Classification system. That one is a large-employer concern.

The California pay transparency calendar
January 1
New-year rule changes take effectSB 1162 took effect January 1, 2023. SB 642 took effect January 1, 2026. California puts new employment rules on this date, so a January review of your postings and pay scales is the single highest-value habit
Second Wednesday of May
Pay data report due, if you have 100+ employeesFor reporting year 2026 that date is May 12, 2027. Once you reach the 100 threshold, the deadline arrives every year
Any time
An applicant or employee requests a pay scaleThere is no season for this. It can happen on any day, and you have to be able to produce the range for that position when it does
The request obligation is not on a calendar at all. It is a readiness obligation.

For a small business, the practical takeaway from all of this is narrow: the good-faith range definition is the change you will feel most in day-to-day hiring, and a January review of your postings and ranges is how you keep pace. The reporting-side changes matter only once you are near 100 employees.

Your Compliance Checklist

Run through these five questions by headcount tier. The first three apply at any size, the fourth once you have 15 employees, and the last once you have 100.

Have you stopped asking applicants about salary history?
This applies at any size, including a single employee. No questions about current or past pay, orally or in writing, and no relying on what you learn to set the offer. A figure the applicant volunteers unprompted is the one exception you may weigh. You can always ask about salary expectations.
Can you produce a pay scale for any role on request?
Applies at any size. An applicant can ask for a role's range and a current employee can ask for their own. You need a defined, good-faith range for each position, recorded somewhere you can retrieve it in a minute.
Are you keeping job title and wage history for each employee?
Applies at any size. Duration of employment plus three years. Missing these records does more than risk a fine: it creates a presumption in the employee's favor in a pay claim.
If you have 15+ employees, is the range in every posting?
In the body of the posting, not behind a link or QR code, on internal and external postings, passed to any third party posting for you, and on remote roles a Californian could fill. And since 2026, the range must be a genuine good-faith estimate.
If you are near 100 employees, are you ready to file pay data?
The reporting obligation hits at 100 employees in total, wherever they work, with at least one in California, due the second Wednesday of May. If you are scaling toward it, make sure your systems capture the required demographic and pay fields now.

The common thread is that California pay transparency is less a publishing requirement than a records-and-honesty requirement. Know what you would pay for each role, write it down, keep it current, and put it where the law says it goes.

Key Takeaways
Three duties apply at any size, even with a single employee: do not seek salary history, give the pay scale to any applicant or employee who asks, and keep job title and wage rate records.
At 15 or more employees the pay scale goes in the body of every job posting, not behind a link or a QR code.
Both the 15 and the 100 thresholds count your whole workforce, as long as at least one employee works in California.
Since January 1, 2026, SB 642 requires the pay scale to be a good faith estimate of what you expect to pay for the position upon hire.
Employers with 100 or more employees file an annual pay data report with the Civil Rights Department by the second Wednesday of May.
A posting or pay scale violation carries a civil penalty of $100 to $10,000, with none on a first violation once every posting is corrected.

Frequently Asked Questions

Does the California pay transparency law apply to small businesses?

Partly, and the part that applies is larger than most small employers think. Three duties apply to every California employer regardless of size, even with a single employee. You cannot ask about an applicant’s salary history or rely on it to set an offer, unless they volunteered the figure unprompted. You must provide the pay scale for a position to any applicant or current employee who requests it. And you must keep a record of each worker’s job title and wage rate history for the length of employment plus three years. The requirement to put a pay scale in every job posting applies once you have 15 or more employees. So a company with fewer than 15 employees is not exempt. It simply is not subject to the posting requirement yet.

What is the employee threshold for California pay transparency?

There are two headcount thresholds, 15 and 100. At 15 or more employees, every job posting must carry a pay scale. At 100 or more, you owe the California Civil Rights Department an annual pay data report covering the prior calendar year. Both thresholds are measured against your total workforce, including people who work outside California, rather than California headcount alone, as long as at least one employee works in California. So 12 employees in another state plus 3 in California puts you at 15 and triggers the posting requirement. Below 15, you are still bound by the salary-history ban, you still owe a pay scale to anyone who asks, and you still have to keep job title and wage records.

What is the California pay transparency law for 2026?

The core law is SB 1162, which took effect on January 1, 2023. Two newer bills build on it. SB 642 (Employment: payment of wages) took effect on January 1, 2026 and changed what counts as a pay scale: it must now be the employer’s good faith estimate of what it reasonably expects to pay a new hire in that position, expressed as a salary or hourly range. It also extended the statute of limitations for equal pay claims to three years, with a six-year look-back. SB 464 separately requires demographic data to be stored apart from personnel files and, beginning in 2027, moves pay data reporting to 23 job categories.

Does California require a salary range in job postings?

Yes, for employers with 15 or more employees. Under Labor Code Section 432.3, a covered employer must include the pay scale, meaning a salary or hourly wage range, in every job posting. The range must appear in the posting itself and cannot be hidden behind a link or a QR code. The rule covers internal and external postings, postings made through third parties such as job boards or recruiters, and remote roles that a worker based in California could fill. Employers with fewer than 15 employees do not have to post the range but must still provide it on request.

Is it legal to discuss your salary in California?

Yes. It is fully legal for California employees to discuss their wages with coworkers, and an employer cannot prohibit or retaliate against it. This is a separate protection from the pay transparency law, but the two work in the same direction. Any policy, written or informal, that tells employees not to talk about their pay is unlawful in California. The transparency framework as a whole is built on the premise that pay information should be accessible, both from the employer through postings and requests and among employees through their own conversations.

What is a pay scale under California law?

Since January 1, 2026, a pay scale is a good faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire. Two phrases carry the change: good faith and upon hire. Good faith means the range must be genuine: a token spread such as $40,000 to $120,000 for a single role, posted only to fill in the field, no longer satisfies the law. Upon hire ties the range to the starting offer, meaning what a new hire would receive on day one, not the figures the job might reach after years of raises. Bonuses, equity, and benefits do not have to be part of the range.

Do I have to give current employees their pay scale?

Yes, and this applies to employers of every size. Under Labor Code Section 432.3, a current employee may request the pay scale for the position they currently hold, and you must provide it. This is distinct from the applicant-facing rules. It means even a very small company with no open positions and no job postings has a live obligation: if an existing employee asks what the range is for their own role, you need to be able to answer. The practical requirement is that you have a defined range for each role recorded somewhere you can retrieve it.

What are the penalties for violating California pay transparency law?

For any violation of Labor Code Section 432.3, which holds the posting, pay scale, salary history, and recordkeeping rules, the Labor Commissioner may order a civil penalty of no less than $100 and no more than $10,000 per violation. For a first violation of the pay scale, posting, or recordkeeping rules in subdivision (c), no penalty is assessed if the employer shows that all job postings for open positions now include the pay scale. For pay data reporting failures under Government Code Section 12999, penalties run up to $100 per employee for a first failure and up to $200 per employee for subsequent failures, and as amended by SB 464 the section makes them mandatory for a court rather than discretionary. A recordkeeping failure also creates a rebuttable presumption in the employee’s favor.

Does the law apply to remote jobs posted from outside California?

Yes, if the role could be filled by someone working in California. The requirement follows the position rather than your headquarters, so an out-of-state employer is not automatically outside it. What counts is your total headcount: once you employ 15 or more people in total and at least one of them is currently based in California, a fully remote job that a Californian could perform must show the pay scale in its posting. Many out-of-state companies assume California law does not reach them, and that assumption is the trap. For the job itself, the test is whether a California-based worker could hold it, not where the business is registered or where the posting originates.

How long do I have to keep pay records in California?

Keep each employee’s job title and wage rate history for as long as they work for you, plus three years after their employment ends. Labor Code Section 432.3 sets this duty as part of the pay transparency law, and it is separate from other recordkeeping rules. Failing to keep the records costs more than a possible penalty. It also creates a rebuttable presumption, which is a starting assumption in the employee’s favor that you would have to disprove, whenever someone brings a pay-related claim. In practice, a gap in your records gives the benefit of the doubt to the employee, which is an expensive place to start a dispute from.

Do bonuses and equity have to be in the job posting?

No. The required pay scale is the salary or hourly wage range. Bonuses, tips, equity, and benefits layered on top of that range are not required to appear in the posting. Many employers include some of them anyway, because a posting that mentions a strong benefits package or bonus structure attracts more candidates. One case flips the answer, though. Where the position itself pays by piece rate or commission, the Labor Commissioner says the posting must state a realistic estimate of the rate range you would offer a new hire, because that rate is the pay for the job rather than an add-on to it.

What is the difference between SB 1162 and SB 642?

SB 1162 is the core California pay transparency law, effective January 1, 2023. It introduced the job-posting requirement for employers with 15 or more employees, let current employees ask for the pay scale of their own position, added the recordkeeping mandate, and widened pay data reporting for employers that have 100 or more employees. SB 642, officially titled Employment: payment of wages, was signed in October 2025 and took effect January 1, 2026. It did not replace SB 1162; it tightened it. Pay scale now has to be a good faith estimate made upon hire, equal pay claims have a new definition of wages, and the statute of limitations for those claims is three years with a six-year look-back.

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