Effective January 1, 2023, California Senate Bill 1162 (SB 1162) requires employers to disclose pay scales on all position postings and to current employees upon request. SB 1162 expands on California Assembly Bill 168 (AB 168) that took effect January 1, 2018, and prohibits employers from inquiring about or relying upon salary history as a factor in determining salary or whether to offer employment. As of January 1, 2023, AB 168 and SB 1162 add and amend Labor Code Section 432.3. These laws apply to all academic, faculty, and staff recruitments and positions. Given the University’s institutional values and commitment to diversity and ensuring equal pay and pay transparency, the University has aligned policies and practices with the provisions in these laws.
The requirements include the following:
- Pay scales must be included in all job postings and information must be provided to all third parties who are engaged to assist with job postings
- A pay scale must also be provided for a current employee’s position at the employee’s request.
- Employers must maintain records of job titles and wage rate histories for the duration of an employee’s employment and three years after termination of employment.
Since we must disclose the pay scale to an applicant, should the full range be listed in the job posting?
The intent of SB 1162 is to assist applicants in the application process to ensure they are aware of the salary that the location can offer before they submit an application.
The law requires that the university’s job advertisements include the pay scale for the position. Pay Scale is defined as the salary or hourly wage range that the University reasonably expects to pay for the position in accordance with local procedures. To best meet location’s business and budgetary needs, locations may choose to post pay scales and/or full salary ranges.
Following are examples to meet the pay scale posting requirement:
- Post a pay scale, a budgetary range that falls within the full salary range.
- Post the full salary range from minimum to maximum.
- Post a pay scale and the full salary range from minimum to maximum.
Note: Providing only a link to the salary range is insufficient. The pay scale must be included within the posting.
For print ads with character limits and without the ability to include hyperlinks, we encourage including a sentence about the range:
- A reasonable estimate for this position is $[Insert]-$[Insert].
- The current base pay range is $[Insert]-$[Insert]. Other components of pay are offered when necessary to meet competitive conditions.
When departments/units prepare a search plan in AP Recruit, the salary range field must include the pay scale which is the salary or hourly wage range that the University reasonably expects to pay for the position in accordance with local procedures. Consult with the Office of Academic Personnel if your hiring unit proposes different language.
Templates and Sample Language for Job Postings
Are we limited to the salary range in the job posting when making a job offer?
By using the sample language provided, the hiring authority has the flexibility under APM to offer negotiated salary components above the minimum pay posted in the UC salary scales.