Amended IN Assembly April 09, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1251Introduced by Assembly Member BermanFebruary 21, 2025An act to add Title 2.92 (commencing with Section 1812.560) to Part 4 of Division 3 of the Civil Code, Article 3.5 (commencing with Section 440) to Chapter 3 of Part 1 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1251, as amended, Berman. Job postings.Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.This bill would require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing a vacancy or not. The bill would require the Labor Commissioner to investigate complaints and to order an employer to pay a civil penalty of no less than $100 and no more than $10,000 per violation. The bill would require the penalties to be deposited into the Labor Enforcement and Compliance Fund, to be distributed to the Division of Labor Standards Enforcement upon appropriation by the Legislature to administer and enforce the bills provisions. The bill would also make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions. competition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 3.5 (commencing with Section 440) is added to Chapter 3 of Part 1 of Division 2 of the Labor Code, to read: Article 3.5. Job Postings440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.SECTION 1.Title 2.92 (commencing with Section 1812.560) is added to Part 4 of Division 3 of the Civil Code, to read:2.92.Job Postings1812.560.(a)Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b)Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c)The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.
Amended IN Assembly April 09, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1251Introduced by Assembly Member BermanFebruary 21, 2025An act to add Title 2.92 (commencing with Section 1812.560) to Part 4 of Division 3 of the Civil Code, Article 3.5 (commencing with Section 440) to Chapter 3 of Part 1 of Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1251, as amended, Berman. Job postings.Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.This bill would require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing a vacancy or not. The bill would require the Labor Commissioner to investigate complaints and to order an employer to pay a civil penalty of no less than $100 and no more than $10,000 per violation. The bill would require the penalties to be deposited into the Labor Enforcement and Compliance Fund, to be distributed to the Division of Labor Standards Enforcement upon appropriation by the Legislature to administer and enforce the bills provisions. The bill would also make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions. competition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 09, 2025 Amended IN Assembly March 24, 2025
Amended IN Assembly April 09, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1251
Introduced by Assembly Member BermanFebruary 21, 2025
Introduced by Assembly Member Berman
February 21, 2025
An act to add Title 2.92 (commencing with Section 1812.560) to Part 4 of Division 3 of the Civil Code, Article 3.5 (commencing with Section 440) to Chapter 3 of Part 1 of Division 2 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1251, as amended, Berman. Job postings.
Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.This bill would require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing a vacancy or not. The bill would require the Labor Commissioner to investigate complaints and to order an employer to pay a civil penalty of no less than $100 and no more than $10,000 per violation. The bill would require the penalties to be deposited into the Labor Enforcement and Compliance Fund, to be distributed to the Division of Labor Standards Enforcement upon appropriation by the Legislature to administer and enforce the bills provisions. The bill would also make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions. competition.
Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations to enforce various labor laws. Existing law requires certain employers to disclose certain salary information in job postings.
This bill would require a private employer who publicly advertises a job posting to include in the posting a statement disclosing whether the posting is for an existing a vacancy or not. The bill would require the Labor Commissioner to investigate complaints and to order an employer to pay a civil penalty of no less than $100 and no more than $10,000 per violation. The bill would require the penalties to be deposited into the Labor Enforcement and Compliance Fund, to be distributed to the Division of Labor Standards Enforcement upon appropriation by the Legislature to administer and enforce the bills provisions. The bill would also make a violation of those provisions unfair competition, and would grant to the California Privacy Protection Agency the authority to enforce those provisions and to issue an order to pay an unspecified administrative fine or to cease and desist from violating the bills provisions. competition.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 3.5 (commencing with Section 440) is added to Chapter 3 of Part 1 of Division 2 of the Labor Code, to read: Article 3.5. Job Postings440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.SECTION 1.Title 2.92 (commencing with Section 1812.560) is added to Part 4 of Division 3 of the Civil Code, to read:2.92.Job Postings1812.560.(a)Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.(b)Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c)The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 3.5 (commencing with Section 440) is added to Chapter 3 of Part 1 of Division 2 of the Labor Code, to read: Article 3.5. Job Postings440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.
SECTION 1. Article 3.5 (commencing with Section 440) is added to Chapter 3 of Part 1 of Division 2 of the Labor Code, to read:
### SECTION 1.
Article 3.5. Job Postings440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.
Article 3.5. Job Postings440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.
Article 3.5. Job Postings
Article 3.5. Job Postings
440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.
440. (a) Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for a vacancy for the advertised position or not. The statement shall be clear, conspicuous, and written in a legible font.
(b) A violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.
(c) (1) A person who claims to be aggrieved by a violation of this section may file a written complaint with the Labor Commissioner within one year after the date the person learned of the violation. The complaint shall state the name and address of the employer and shall provide a detailed account of the alleged violation, as may be required by the Labor Commissioner.
(2) The Labor Commissioner shall promptly investigate complaints alleging a violation of this section.
(3) Upon finding that an employer has violated this section, the Labor Commissioner may order the employer to pay a civil penalty of no less than one hundred dollars ($100) and no more than ten thousand dollars ($10,000) per violation. The Labor Commissioner shall determine the amount of the penalty based on the totality of the circumstances, including, but not limited to, whether the employer has previously violated this section. For a first violation of subdivision (a), no penalty shall be assessed upon demonstration by the employer that all job postings have been updated to include the statement required by subdivision (a).
(d) All civil penalties collected pursuant to this section shall be deposited into the Labor Enforcement and Compliance Fund for distribution to the Division of Labor Standards Enforcement. Upon appropriation by the Legislature, these funds may be expended by the division to cover reasonable ongoing costs of administering and enforcing this section.
(a)Every private employer who publicly advertises a job posting shall include in the posting a statement disclosing whether the posting is for an existing vacancy or not. The statement shall be clear, conspicuous, and written in a legible font.
(b)Any violation of this section constitutes unfair competition, which includes unfair, deceptive, untrue, or misleading advertising under Section 17200 of the Business and Professions Code.
(c)The California Privacy Protection Agency shall have authority to enforce this section. When the agency determines that any person is violating or has violated this section, the agency may issue an order to that person to pay an administrative fine, to cease and desist from violating the section, or both.