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BREAKING: California Employers to Disclose Pay Ranges (US)


Because of Governor Newsom’s signature on SB 1162, California will quickly change into the most important state requiring affirmative disclosure of pay scale data, thus contributing to the state’s ongoing effort to extend pay transparency. Efficient January 1, 2023, many California employers can be required to incorporate pay scale data in job postings and disclose pay scale data to present workers. The invoice additionally makes vital adjustments to California’s current pay information reporting necessities for personal employers with 100 or extra workers. Consequently, California employers should start familiarizing themselves in regards to the invoice and its new obligations:

What’s a “pay scale” and what should employers disclose?

California Labor Code part 432.3 defines “pay scale” because the “wage or hourly wage vary” an employer “fairly expects” to pay for a place. Presently, California solely requires employers to offer a place’s respective pay scale upon affordable request by an applicant. However, as of January 1, 2023, employers with 15 or extra workers should embrace the pay scale for a place in any job posting (together with posts on third-party websites similar to LinkedIn or Certainly). Employers may also be required to offer a place’s pay scale to any present worker in that place, upon request.

What are the brand new pay information reporting necessities?

SB 1162 additionally considerably adjustments current pay information reporting necessities below California Authorities Code part 12999, together with the timing and content material of such studies. California employers with 100 or extra workers can be required to submit an annual pay information report, together with median and imply hourly charges for race, ethnicity, and intercourse inside every job class, to the state. Employers with a number of institutions will now not be required to submit consolidated studies, however should nonetheless proceed to submit particular person studies for every institution.

As well as, personal employers with 100 or extra workers employed by labor contractors can be required to submit a separate pay information report overlaying these workers employed by contractors within the prior calendar yr. Curiously, whereas the brand new regulation requires labor contractors to provide all needed pay information to the employer, it doesn’t individually require labor contractors to truly gather the “needed pay information,” nor does it outline the information required or tackle any potential points with regard to timing of those disclosures.

What about document retention?

The brand new regulation additionally introduces a document retention requirement; employers can be required to take care of data of job titles and wage charge histories at some point of an worker’s employment and three years after termination of employment.

Are there any penalties for failing to adjust to the brand new regulation?

Sure – failure to adjust to pay scale disclosure necessities can lead to civil penalties starting from $100 to $10,000 per violation. Importantly, there isn’t a penalty for the primary violation if an employer can present that every one job postings have been up to date to incorporate the requisite pay scale. Employers who fail to retain pay scale data face further civil penalties starting from $100 to $10,000 per violation.

Employers who fail to file well timed, compliant pay information studies are topic to civil penalties as much as $100 per worker for the primary omission and $200 for subsequent omissions.

How ought to employers put together for the brand new regulation?

Coated employers ought to start planning for compliance now, together with by compiling and reviewing all related pay information and/or working with counsel to conduct a proactive pay fairness audit to establish any potential areas of concern previous to the brand new regulation changing into efficient. Within the interim, we are going to proceed to watch developments associated to SB 1162 and its impression on California employers.

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