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Senate Bill 1162 (SB 1162): Expanding Pay Data Reporting and Pay Transparency

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 the previously enacted California Assembly Bill 168 (AB 168).

California Assembly Bill 168 (AB 1162) prohibits employers from inquiring into an applicant’s salary history. The regulations include:

  • Prohibits employers from relying on an applicant’s salary history in determining whether to offer employment or what salary to offer.
  • Prohibits employers from seeking salary history, including comp/benefits, about an applicant.
  • Upon request, an employer must provide the salary range for a position to an applicant applying for employment.

These laws expand pay equity and pay transparency by requiring California employers to disclose pay scales and prohibiting employers from seeking or relying on applicants’ salary history information, including compensation and benefits, in the recruitment process. These laws further safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status, and they are intended to address inequity in pay practices based on gender, race, color, religion, sex, national origin, disability, age, protected veteran status, gender identity, or sexual orientation. These laws apply to all academic, faculty, and staff recruitments and positions.

The SB 1162 requirements include the following:

  • Pay scales must be included in all position postings and information must be provided to all third parties who assist with position postings.
  • A full salary range 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.

Definitions:

Pay Scale also referred to as HR Compensation’s recommended hiring range at the time of job classification, represents the salary or hourly wage range that the University reasonably expects to offer for the position, taking into account departmental budget and local procedures.

At UC Merced, the pay scale is the recommended hiring range provided by Compensation at the time of job classification.

Salary Range is the range of pay from minimum to maximum established for a salary grade or job.

Complying with SB1162:

Job Postings: – Effective January 2, 2025

  • Non-Represented Staff Positions: Job postings will include only the recommended hiring range (pay scale) that is reasonably expected for the position.
  • Represented Staff Positions: Job postings will include the full step structure. Salary placement for represented employees will adhere to local practice, and the applicable collective bargaining agreement (CBA).
  • Important Notice:

If a hiring manager intends to extend a job offer that exceeds the posted hiring range, the position must be reposted with the updated range. Additionally, the hiring manager must follow the established process for exceeding the recommended hiring range and obtain written approval before making an offer.

Employee Access to Full Salary Range Information: To ensure current employees are provided access to their current position salary range, the range of pay from minimum to maximum that is established for a salary grade or job, please follow these step-by-step instructions:

  • To access full salary range information:
    • Login to your UCPath online account to find your Primary Title (listed under your name). Copy your abbreviated title as it appears in UCPath to enter in to the TCS Inquiry tool.
    • Go to TCS Inquiry and select your employee category, e.g., Academic, Non-Academic.
    • Enter your Primary Title (from UCPath) in the Title Name field.
    • Select other filters that apply (such as bargaining unit).
    • Click "Search"
    • Select the Title code on the left for your Title Name and Campus/Business Unit location.
    • View salary range information on the Title Details page. If “no base rates by agreement” is listed under “Detail Information,” please contact Human Resources Compensation office or Academic Personnel Office to request salary range information for your position.

Employee Resources:

For more detailed information, guidance, and frequently asked questions, please review the following:

Please contact the following with pay equity and additional questions or concerns: