← The Brief / California · Pay & Transparency
Your posted pay range now has to mean something
SB 642 defines a “pay scale” as a good-faith estimate — and stretches the window to bring an equal-pay claim.
At a glance
- A “pay scale” is now defined as a good-faith estimate of the salary the employer actually expects to pay.
- Gender language in the Equal Pay Act was modernized from “opposite sex” to “another sex.”
- The statute of limitations for equal-pay claims extends to three years, with back-pay recovery reaching up to six years.
- Aspirational or impossibly wide ranges in job postings invite risk.
California has required pay ranges in job postings for a while. SB 642 sharpens what a range is allowed to be. It defines “pay scale” as a good-faith estimate of what the employer genuinely expects to pay for the role — closing the door on the $40,000-to-$400,000 placeholder ranges that technically comply and tell a candidate nothing.
The amendment also modernizes the Equal Pay Act’s language and lengthens the time employees have to bring a claim, which raises the stakes on getting pay practices right and documented.
What changed
Three moving parts: the definition of a pay scale now carries a good-faith standard; the statute’s gender framing shifts from “opposite sex” to “another sex”; and the limitations period extends to three years with a recovery window of up to six years for back pay.
Who’s affected
Employers that post roles with pay ranges, and any employer making pay decisions across similar jobs. The longer look-back means today’s pay decisions can be examined years from now.
What to do now
Tighten your posted ranges so they reflect a real, defensible target. Document the basis for pay decisions — job scope, experience, market data — and keep those records. A quiet internal pay-equity check now is far cheaper than defending a claim later.
How The HR Meeting helps
We review your ranges and postings, run a confidential pay-equity analysis, and help you build the documentation that makes each pay decision explainable.
Sources & official text
This article is general information for California employers, not legal advice. Rules change and application depends on your facts — confirm against the official text or ask us before acting.