Epps & Coulson, LLP previously updated California employers (for 15 or more employees) of the requirement to include pay scale information in job postings.  That law went into effect on January 1, 2023.

The law did not state whether the pay scale should include expected bonuses, but the Department of Industrial Relations (“DIR”) just clarified that question and other in recently release of FAQs.  So, employers and third parties that employers hire to publish job postings are not required to include in the pay scale disclosure other information such as bonuses, commissions, options, or benefits associated with the position (see FAQ 32).  And pay scale is defined as “salary or hourly wage range that the employer reasonably expects to pay for the position.”

For piece rate or commission compensation structures the job posting must include the piece rate or commission range the employer reasonably expects to pay (see FAQ 33).

Employers cannot link the compensation disclosure to a website or QR code.  The pay scale must be included within the job posting itself (see FAQ 34).

What about California employers with employees outside of California?  We don’t know.  Neither the law nor the DIR FAQs clarifies this rather relevant issue.

What about how to count the 15 employees – does it include employees working outside of California?  The DIR states employers should use the 2022 COVID-19 Supplemental Paid Sick Leave and minimum wage rates counting method, which would make the pay scale disclosure requirements apply to any employer that has more than 15 employees, with at least one located in California (see FAQ 38).

Because CA law favors a presumption in favor of the employee claims (Labor Code §432.3), the new law requires employers to retain records of job titles and wage rate histories for each employee for the duration of the employment plus 3 years.

Did you know that we have affiliate offices in New York and Connecticut, and that between us and the affiliated offices, we have attorneys admitted to practice in New York, California, Colorado, Connecticut, District of Columbia (admission pending), Massachusetts, New Jersey, Hawaii, Oregon, Texas, European Union, England and Wales, France (Paris Bar) and Sweden?  We have you covered.  Epps & Coulson, LLP can help you keep up to date on changes to laws in all of the jurisdictions and keep business owners compliant to avoid being caught off guard.  Please contact Dawn at with your questions.

Information contained in this memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.