In this guide11 sections
California Labor Code section 432.3 bars employers from asking about or relying on your salary history, requires them to give you a job’s pay scale on request, and requires employers with 15 or more employees to put the pay scale in every job posting. It applies to private employers and to state and local government alike. Since January 1, 2026, the pay scale must be a good faith estimate of what the employer reasonably expects to pay on hire.
This page is a statute guide: what each subdivision of section 432.3 says, who it covers, the exceptions, penalties and deadlines. If you want a practical walkthrough of reading salary ranges in job ads and pushing for fair pay, see our guide to California pay transparency and salary range rules.
- Labor Code 432.3 bars employers from asking about or relying on your salary history, including benefits.
- Employers with 15 or more employees must put the pay scale in every job posting; every employer must give it to applicants on reasonable request.
- Current employees can ask for the pay scale for their own position.
- Since January 1, 2026, the pay scale must be a good faith estimate of the range the employer reasonably expects to pay on hire.
- You have 1 year after learning of a violation to file with the Labor Commissioner; penalties of $100 to $10,000 per violation go to the state.
What Labor Code 432.3 says
Section 432.3 was last amended effective January 1, 2026. Here is a plain-English summary of each subdivision.
| Subdivision | What it says (paraphrased) |
|---|---|
| (a) | An employer can’t rely on your salary history as a factor in deciding whether to hire you or what salary to offer. |
| (b) | An employer can’t seek your salary history, “including compensation and benefits,” orally or in writing, personally or through an agent. |
| (c)(1)–(2) | An employer must give an applicant the pay scale for the position on reasonable request, and give a current employee the pay scale for the employee’s own position on request. |
| (c)(3) | An employer with 15 or more employees must include the pay scale in any job posting. |
| (c)(4) | Every employer must keep records of each employee’s job title and wage rate history for the length of employment plus three years. |
| (c)(5) | An employer with 15 or more employees that uses a third party to post a job must give it the pay scale, and the third party must include it. |
| (d) | Complaints to the Labor Commissioner, lawsuits for injunctive relief, civil penalties of $100 to $10,000 per violation, and a presumption against employers that don’t keep the required records. |
| (e)–(g) | The misdemeanor rule in Labor Code §433 doesn’t apply; salary information that is public under laws like the California Public Records Act isn’t covered by the ban; and the section applies to all employers, including state and local government and the Legislature. |
| (h)–(j) | You may volunteer your salary history “voluntarily and without prompting,” and the employer may then consider it; the employer may ask about your salary expectations. |
| (k) | Consistent with Labor Code §1197.5, prior salary can’t justify “any disparity in compensation.” |
| (l)–(m) | Where penalties go, and definitions of “pay scale” and “applicant.” |
Who section 432.3 covers
- Employers: all of them for the salary-history ban and pay-scale requests, including public employers. The job-posting rule applies to employers with 15 or more employees. The Labor Commissioner says at least one of those employees must currently be located in California.
- Applicants: someone seeking a job with the employer who “is not currently employed with that employer in any capacity or position.” Current employees applying internally aren’t “applicants,” but they can still ask for the pay scale for their own job.
- Job postings: the Labor Commissioner reads the rule to cover any position that “may ever be filled in California, either in-person or remotely.”
The rules, part by part
The salary history ban
An employer, or a recruiter acting for it, can’t ask what you earn now or earned before, including benefits. It also can’t use that information to decide whether to hire you or what to offer. The ban protects applicants regardless of the employer’s size.
What an employer may still ask
Subdivision (j) lets an employer ask about your salary expectations. If you choose to share your pay history “voluntarily and without prompting,” the employer may consider it in setting your pay. Even then, prior salary can’t be used to justify paying you less than coworkers of another sex, race or ethnicity for substantially similar work.
Pay scale on request
As an applicant, you can ask for the pay scale for the job you applied for, and the employer must give it “upon reasonable request.” As a current employee, you can ask for the pay scale for the job you hold now. This part applies to employers of every size.
Pay scales in job postings
Employers with 15 or more employees must put the pay scale in the posting itself. Labor Commissioner guidance adds these points:
- A link or QR code doesn’t satisfy the rule.
- For piece-rate or commission jobs, the posting must include a good faith estimate of the piece rate or commission range.
- Compensation or benefits beyond the salary or hourly wage range don’t have to be listed.
What “pay scale” means after January 1, 2026
Subdivision (m)(1) now defines pay scale as “a good faith estimate of the salary or hourly wage range” the employer reasonably expects to pay for the position upon hire. The words “good faith estimate” and “upon hire” were added by SB 642. A range stretched far past what the employer would actually pay a new hire is harder to defend under that wording.
Recordkeeping
Employers must keep each employee’s job title and wage rate history for the time you work there plus three years, and the Labor Commissioner can inspect those records. If an employer fails to keep them, there is a rebuttable presumption in favor of the employee’s claim.
Both can break Labor Code 432.3. If the hiring process left you paid less than coworkers doing the same work, an equal pay claim may also apply.
Exceptions
- Public salary data: the ban doesn’t cover salary information that is disclosable to the public under federal or state law, such as the California Public Records Act or the federal Freedom of Information Act.
- Volunteered information: if you raise your pay history on your own, without prompting, the employer may consider it.
- Salary expectations: asking what you want to earn is allowed.
- Smaller employers: employers with fewer than 15 employees don’t have to put ranges in postings, but they must still give pay scales on request, keep job title and wage rate records, and follow the salary-history ban.
- First posting violation: no penalty is assessed for a first violation of subdivision (c) if the employer shows that all postings for open positions have been updated to include the pay scale.
Penalties and remedies
- Civil penalty: the Labor Commissioner may assess “no less than one hundred dollars ($100)” and no more than $10,000 per violation, based on the totality of the circumstances. These penalties go to a state fund, not to you.
- Court action: a person claiming to be aggrieved may sue for injunctive relief “and any other relief that the court deems appropriate.”
- No criminal penalty: subdivision (e) says the misdemeanor provision in Labor Code §433 doesn’t apply.
Where the money is, for most workers, is the pay gap itself. If you end up paid less than coworkers of another sex, race or ethnicity for substantially similar work, the California Equal Pay Act (Labor Code §1197.5) can provide back wages, and subdivision (k) blocks an employer from using your old salary to explain the gap.
Deadlines
| Option | Deadline | Source |
|---|---|---|
| Pay transparency complaint with the Labor Commissioner | 1 year after the date you learned of the violation | Labor Code §432.3(d)(1) |
| Equal Pay Act wage claim | 3 years after the last date the cause of action occurs; relief can reach back up to 6 years of violations (as of January 1, 2026) | Labor Code §1197.5(i) |
| Equal Pay Act retaliation claim | 1 year after the cause of action occurs | Labor Code §1197.5(k)(3) |
The pay transparency complaint uses the Labor Commissioner’s DLSE 001 form. If the violation was a posting, attach a copy of it.
Related sections
| Section | What it does |
|---|---|
| Labor Code §1197.5 | California Equal Pay Act: equal pay for substantially similar work regardless of sex, race or ethnicity |
| Labor Code §§232–232.5 | Your right to discuss and disclose your wages |
| Labor Code §433 | Misdemeanor penalty for violating this article; doesn’t apply to §432.3 |
| Labor Code §98.6 | Bars retaliation for complaints and proceedings involving Labor Code rights |
| Government Code §12952 | Fair Chance Act limits on criminal history questions in hiring |
How it plays out
💡 Example: Elena, a hypothetical applicant, applies to a 40-employee company that posts an office manager job at $27 to $33 an hour. In the interview, the manager asks what she earns now. Under section 432.3(b), the company can’t ask that; it can ask what she expects to earn. Elena says she is looking for $30. The company offers $27, and she counters at $30. If she gets the $30 rate full time, the $3 difference is worth $3 × 2,080 hours = $6,240 a year. If the posting had left out the range, she could file a complaint with the Labor Commissioner within one year of learning of the violation.
What to do
- Screenshot any job posting with the date, especially one with no range or a range that looks unrealistic.
- If an interviewer asks about your pay history, you can decline and give your salary expectations instead.
- Ask for the pay scale in writing, as an applicant or a current employee, and keep the reply.
- If you later learn coworkers of another sex, race or ethnicity are paid more for similar work, write down what you know and see our guide to your right to discuss pay.
- Track the one-year Labor Commissioner deadline and the Equal Pay Act deadline, and talk to a lawyer about which applies.
Frequently asked questions
Can a California employer ask my current salary?
No. Section 432.3(b) bars employers, and agents such as recruiters, from seeking your salary history, including benefits. They may ask about your salary expectations.
Does every employer have to post salary ranges?
Only employers with 15 or more employees must include the pay scale in job postings. Every employer must give an applicant the pay scale on reasonable request and give a current employee the pay scale for their position on request.
Can I ask my own employer for the pay range for my job?
Yes. Subdivision (c)(2) requires the employer to give you the pay scale for the position you currently hold when you ask.
Do I get money if an employer breaks section 432.3?
Not from the civil penalty, which goes to the state. But if the violation leads to unequal pay compared to coworkers of another sex, race or ethnicity, an Equal Pay Act claim can recover wages.
Is a very wide salary range legal?
Since January 1, 2026, the range must be a good faith estimate of what the employer reasonably expects to pay on hire. A range that doesn’t reflect that may violate section 432.3, and you can report it to the Labor Commissioner.
Sources
- Labor Code §432.3
- Labor Code §433
- Labor Code §1197.5
- Labor Commissioner: California Equal Pay Act and pay transparency FAQs
- Labor Commissioner: Pay Transparency Complaint instructions
- Labor Commissioner: letter to employers on new laws for 2026
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for our clients, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
If you were asked for your pay history, denied a pay range, or later found you were paid less than coworkers for similar work, we can review your options under section 432.3 and the Equal Pay Act. Employees First Labor Law works exclusively for workers and offers free virtual consultations.
- ✅ Free, confidential consultation
- ✅ We represent workers only, never employers
- ✅ Se habla español: Empleados Primero
This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
