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The complexities of California employment law begin not when an employer extends an offer, but as soon as they decide to post a job opening. Employers should ensure compliance with California's job posting and hiring requirements in 2026.
Pay Scale
California law requires employers with 15 or more employees to include a pay scale in every job posting. As amended by Senate Bill 642, “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.” Employers are not required to include overtime, bonuses, or benefits in the posted range. However, if the position's base pay is determined in whole or in part by a piece-rate or commission structure, the expected range of that piece rate or commission must be disclosed. The pay-scale posting rule is distinct from California's equal-pay laws, which define “wages” more broadly for pay-equity purposes.
Equal Opportunity Employment
The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on a wide range of protected characteristics, from race and gender identity to marital status and genetic information. That means your job posting should avoid language that could be seen as exclusionary.
Since January 1, 2025, California has prohibited employers from including statements about the need for a driver's license unless the employer reasonably expects driving to be one of the functions of the job, and an alternative form of transportation would not be comparable.
Fair Chance Act
Under the Fair Chance Act, employers cannot include statements that discourage applicants with criminal histories. Background checks and related inquiries are only allowed after a conditional offer has been made. In cities like Los Angeles and San Francisco, local ordinances go further, requiring postings to affirm that qualified applicants with criminal histories will be considered.
Privacy Protections
California's Consumer Privacy Act (CCPA) extends to job applicants. Employers subject to the CCPA must provide a clear notice explaining, among other things, what personal data will be collected and why, how long it will be retained, and whether it will be sold or disclosed for cross-context behavioral advertising. Employers must also post on their websites a more detailed privacy policy, which, along with other disclosures, provides applicants with information about exercising their CCPA rights, including the ability to request access to, or correction or deletion of, their data. Additionally, employers must assess whether their processing of applicant data triggers obligations under CCPA's recently finalized automated decision-making technology (ADMT) regulations and/or under its regulations requiring assessment in connection with certain high-risk activities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
