Helen Saulnier 
Seyfarth Synopsis: As we blogged about earlier, California handed a landmark pay back transparency regulation in September 2022. As promised, the Labor Commissioner’s business has issued FAQs addressing significant employer thoughts concerning who is covered, data required to be disclosed, and particulars on remote task postings.
On December 27, 2022, the California Labor Commissioner’s business office unveiled eagerly anticipated Regularly Requested Questions (“FAQs”) on the state’s new pay back scale disclosure demands less than the Equivalent Spend Act, which are productive on January 1, 2023.
This assistance clarifies some of the big exceptional thoughts on compliance with the specifications launched in SB 1162.
The FAQs make clear which employers will be issue to the fork out disclosure necessities and the content of the obligatory disclosures. Of be aware, the FAQs do not make clear irrespective of whether the needs only apply to postings manufactured on or after January 1, 2023, or if it will use to all postings that continue being lively as of January 1, 2023.
Who Need to Comply?
Below Labor Code 432.3, “an employer with 15 or extra staff members ought to include the pay scale for a position in any position publishing.” The FAQs demonstrate that the Labor Commissioner will count personnel using the very same methodology used for Supplemental Compensated Sick Go away as discussed in a previous FAQ (which in transform leans on the FAQs similar to California’s condition minimum amount wage needs)—i.e. applying the definition from Labor Code 1182.12, the disclosure requirements apply if an employer has at the very least one particular worker found in California, so extensive as it employs “directly or indirectly, or by means of an agent or any other person” 15 or more individuals.
Does This Use to Remote Postings?
If a place can be loaded in California, either remotely or in particular person, then the fork out scale need to be incorporated in task postings.
What Will have to Be Disclosed?
Pay Scale Definition
The FAQs ensure that a pay out scale is restricted to the “salary or hourly wage variety the employer reasonably expects to pay for a posture.” A set hourly price or set piece fee could be provided in location of a pay back scale if an employer “intends to spend a set hourly amount or a established piece charge quantity, and not a spend array.”
Bonuses, tips, and other benefits are not necessary to be involved in the shell out scale. Companies may well voluntarily give information on “compensation or tangible benefits delivered in addition to a income or hourly wage.” Nevertheless, businesses should consider be aware that the Labor Commissioner reminds companies that “other varieties of compensation may possibly be thought of for equal pay functions.”
Mandatory Disclosure of Piece Fee and Commission Payment
In a fairly exclusive Cal-peculiarity, the place a person’s hourly or income wages is based on a piece rate or fee, then the employer need to incorporate the piece price or commission assortment the employer reasonably expects to pay for the placement.
How Can Businesses Make Disclosures?
In a essential departure from some of the other jurisdictions that have enacted pay back scale disclosure demands, companies are unable to url to the wage vary in an electronic posting or contain a QR code in a paper submitting. The pay out scale have to be included on the publishing itself.
Reminder of New File Retention Prerequisite
In addition to the new spend scale disclosure prerequisites, an employer ought to retain data of a position title and wage rate history for every single worker for the length of the employment plus 3 several years right after the close of the employment. These information ought to be open to inspection by the Labor Commissioner, which the Labor Commissioner will then use to identify irrespective of whether there is a sample of wage discrepancy.
What Need to You Do to Get ready?
Employers ought to make certain that all position postings posted on or soon after January 1, 2023, incorporate the demanded spend scale data. In individual, businesses who previously meant to offer back links to the pay scale should really alternatively contain the shell out scale specifically in the position postings.
It is critical to carefully evaluation postings right before they are made, as employers who fail to comply can be issue to penalties ranging from $100 and no a lot more than $10,000 for every violation.
Office Alternatives
Seyfarth’s Pay back Fairness Group is obtainable help you in finalizing your fork out scale disclosures and can offer direction on any similar spend transparency concerns. There is also no time like the current to have interaction your teams in shell out assessments to assure compliance with shell out transparency guidelines in California, nationwide, and all around the globe, so please really don’t wait to achieve out to your preferred Seyfarth lawyer to see what we can do to support.
