California Pay Scales and Salary History: Worker Rights
Understand California pay-scale requests, job-posting ranges, salary-history questions, and the records that help separate transparency and pay-discrimination concerns.
At a glance
California Pay Scales and Salary History: Worker Rights: key questions
A visual route through this article's first three topics. Read the sections below for details and exceptions.
Identify the Pay Question and the California Connection
A missing range, a request for previous earnings, and unequal pay raise different questions.
Salary Expectations Are Different From Salary History
An employer generally cannot ask an outside applicant for past compensation or benefits, directly or through another person, or use that history to decide whether to hire or what t
Recognize the Exceptions and the Employee Distinction
DIR’s current guidance distinguishes unsolicited, voluntary disclosure from information an employer sought.
Identify the Pay Question and the California Connection
A missing range, a request for previous earnings, and unequal pay raise different questions. California Labor Code 432.3 addresses salary history, pay-scale requests and job postings; the Equal Pay Act addresses unlawful pay differences under separate standards. Start with the job location, employer, position, posting and hiring dates, and whether you are an outside applicant or an existing employee. The Labor Commissioner’s summary of section 432.3 identifies the different transparency obligations. This resource describes California rules, not a nationwide salary-history ban.
Salary Expectations Are Different From Salary History
An employer generally cannot ask an outside applicant for past compensation or benefits, directly or through another person, or use that history to decide whether to hire or what to offer. Asking what compensation you seek for the new position is different. The state commission’s starting-compensation guidance describes evaluating qualifications and expectations without demanding past pay. If an application labels a salary field optional, keep the form as well as your answer so the context of the disclosure can be assessed. Preserve the exact wording and surrounding communications rather than only a paraphrase.
Recognize the Exceptions and the Employee Distinction
DIR’s current guidance distinguishes unsolicited, voluntary disclosure from information an employer sought. Publicly disclosable salary information also has a statutory exception. Neither exception makes prior pay a justification for a prohibited sex-, race- or ethnicity-based disparity. For these applicant rules, a person already employed by the same employer is not an outside applicant. An internal transfer or promotion may still involve pay-scale, equal-pay or discrimination rights; preserve your current position and proposed role instead of assuming every hiring rule applies identically.
Request the Relevant Pay Scale
An applicant may reasonably request the pay scale for the position being sought. An employee may request the scale for their current position. These request rights are distinct from the 15-employee job-posting threshold. The Labor Commissioner’s law summary lists them separately. A useful written request identifies the role and asks for its salary or hourly range; keep the request, delivery date and complete response. A request for your own scale is not the same as a right to obtain every coworker’s personnel file or individual compensation record.
Check the Posting and Work Location
Employers with at least 15 employees must include the scale in covered postings, including through third-party recruiters. DIR interprets the requirement to cover positions that may be filled in California, including remotely, with at least one employee currently in California. A link or QR code alone does not replace the range in the posting. Preserve the full advertisement, URL, capture date, recruiter identity and location terms. A posting visible online from California is not, by that fact alone, proof that the job can be performed there.
Compare the Range With the Position Offered
The current definition is a good-faith estimate of the salary or hourly range expected at hire. DIR also addresses piece-rate and commission ranges; bonuses, tips and benefits need not be included in the posted scale. Review the current definition and compensation categories. For example, save both a posting and a later offer if their role, hours, location or compensation terms differ. Identify the difference and ask for clarification without assuming the listing guarantees its highest figure or that a discrepancy alone establishes compensation discrimination.
Keep Evidence for the Correct Complaint Route
The official pay-transparency complaint form distinguishes missing posting ranges, salary-history conduct and unanswered scale requests. It asks for the employer and job information, a detailed account, relevant dates and witnesses; a posting complaint needs a copy of the advertisement. Save complete application screens, recruiter messages, requests, responses and offers you may lawfully keep. Note what you observed personally and what someone else reported. Do not access restricted accounts, alter records or collect confidential coworker files. A transparency complaint does not replace a separate unpaid-wage, retaliation or equal-pay claim.
Check Timing and Available Help
DIR states that a pay-transparency complaint may be filed within one year after learning of the violation; other claims and court routes have separate rules. Check the current filing guidance promptly rather than waiting for negotiations or an internal response. Keep a timeline connecting the request or complaint with any later adverse action. This is general information, not a finding that an employer violated the law or a promise of a particular remedy. Get a free employment-law consult if eligible; availability depends on state and case eligibility.
Primary Sources
- California DIR: Equal Pay and Pay Transparency FAQs (August 2026)Accessed October 24, 2026
- California DIR: Laws Enforced by the Labor CommissionerAccessed October 24, 2026
- California Commission on the Status of Women and Girls: Starting CompensationAccessed October 24, 2026
- California DIR: Pay Transparency Complaint FormAccessed October 24, 2026
Think You Have a Case?
This article is general information, not legal advice. For a review of your situation, get a free consult with the YesLawyer team.
Get Your Free Consult