Are employers required to post job openings in California?
If you’re searching “are employers required to post job openings California”, the practical answer is: generally, no—California law does not impose a blanket requirement that every employer must post every vacancy. However, specific situations and laws can effectively create posting obligations (or make posting the safest compliance practice), especially around pay transparency, discrimination risk, internal mobility policies, public employers, and certain immigration/prevailing wage contexts.
This guide explains when you do and don’t have to post roles, how long a job has to be posted legally (when a rule applies), and what HR teams should do to reduce compliance risk—especially in multi-site and remote workplaces.
For broader compliance context, see SwiftSDS resources on Electronic posters and California-specific labor posting requirements like the cal poster.
The baseline rule: California usually doesn’t require posting every vacancy
Does a company have to post a job opening?
In most private-sector hiring, California does not require employers to publicly advertise or post a job before filling it. That means, in the ordinary case, the answer to:
- “does a company have to post a job opening”
- “do companies have to post job openings”
- “do you have to post a job opening”
is no—unless another rule, contract, or policy makes it required.
Are companies required to post job openings?
Not as a universal statewide rule. Instead, posting requirements often come from:
- Your own policies (employee handbook, internal transfer policy, union CBA)
- Public-sector rules (civil service/open recruitment rules)
- Specific legal compliance frameworks (certain immigration programs, prevailing wage/public works, or federal contractor obligations)
- Anti-discrimination risk management (posting isn’t required, but consistent practices help defend hiring decisions)
When posting becomes “required” in practice: key California compliance triggers
1) Pay transparency requirements tied to job postings (CA Labor Code § 432.3)
California’s pay transparency rules don’t require you to post the job—but if you do post, you must comply.
Under California Labor Code § 432.3, employers with 15 or more employees must include the pay scale in any job posting. That applies whether the job is posted externally or internally, including roles that can be performed in California.
Actionable steps:
- Update job posting templates to include salary/hourly range.
- Ensure ranges are reasonable and tied to compensation practices.
- Train recruiters and hiring managers on consistent range communication.
If you’re refreshing HR compliance materials at the same time, SwiftSDS’s advertising posters hub can help teams think about compliant workplace communication and visibility—especially for dispersed workforces.
2) Internal posting obligations created by your own policies (and enforcement risk)
A common source of “must we post internally?” is not a statute—it’s your own documentation. If your handbook promises that “open positions will be posted for X days,” failing to follow it can create:
- employee relations issues,
- inconsistent treatment arguments, and
- potential evidence in discrimination/retaliation disputes.
So, to the keyword question “do employers have to post job openings internally”:
Only if you’ve committed to doing so (policy, practice, CBA), or if a public-sector rule requires it.
Actionable steps:
- Audit your handbook and offer letter templates for “we will post” language.
- Standardize internal job posting windows (even if not legally mandated).
- Document exceptions (urgent fill, reorganization, return-to-work situations).
3) Public employers and civil service/open recruitment rules
Many state, county, and city employers operate under civil service systems or agency rules that require:
- open competitive recruitment,
- minimum posting windows, and
- specified distribution channels.
If you’re a public employer in California, confirm requirements with your agency counsel/HR rules. (These obligations are typically regulatory/charter-based, not one-size-fits-all state law.)
4) Immigration-related recruitment rules (e.g., PERM) and prevailing wage/public works
Some hiring contexts come with formal recruitment/posting steps, such as:
- PERM labor certification recruitment for certain green card sponsorship processes (federal rules).
- Certain public works/prevailing wage or grant-funded programs requiring open solicitation or documentation.
These are not “California requires all postings,” but they are real scenarios where posting is mandatory.
Do companies have to post jobs externally?
For most California private employers: no. You may fill roles through:
- internal promotions,
- referrals,
- direct sourcing,
- recruiters,
- targeted outreach.
That said, external posting can help demonstrate fair access and reduce claims of favoritism or inconsistent selection processes—especially when combined with documented criteria.
For compliance fundamentals across jurisdictions, SwiftSDS maintains an employment legislation list that HR teams often use as a starting point when building standardized hiring and workplace compliance programs.
How long does a job have to be posted legally in California?
The general rule
If you’re asking “how long does a job have to be posted legally” in California, the general answer is: there is no statewide minimum posting duration for private employers.
When a posting length is required
Minimum posting periods most often come from:
- Internal policies (e.g., “post internally for 5 business days”)
- Union CBAs
- Civil service/public sector recruitment rules
- Federal program rules (in certain immigration sponsorship or contractor contexts)
Actionable recommendation: If you don’t have a legal requirement, choose a consistent standard (often 3–10 business days depending on role level) and document exceptions.
Compliance best practices: how to reduce risk without overcomplicating hiring
Create a “posting decision” checklist
Even when not required, a checklist helps you answer: are companies required to post job openings for this role?
Include:
- Is the role covered by a CBA?
- Is it public sector or governed by civil service rules?
- Is this tied to immigration sponsorship steps?
- Are we posting in California (or remote but CA-eligible), triggering pay scale disclosure (Labor Code § 432.3)?
- Are we following our handbook policy consistently?
Standardize your internal posting practice (if you choose to post)
If you decide to post internally:
- Define where postings live (ATS, intranet, email list).
- Include pay scale if applicable (and you meet the 15+ threshold).
- Keep records of posting dates and candidate flow.
Don’t confuse “job postings” with “required labor law postings”
A job vacancy announcement is different from legally required workplace notices (wage/hour, anti-discrimination, safety, etc.). If you have California employees—especially remote or multi-site—ensure your required notices are accessible.
Relevant SwiftSDS resources:
- California compliance overview via the cal poster
- Accessibility considerations for required postings via the ada poster
- More on compliant digital display methods via Electronic posters
Also, many employers must post federal wage/hour notices. For reference, see the U.S. Department of Labor’s Employee Rights Under the Fair Labor Standards Act notice: Employee Rights Under the Fair Labor Standards Act.
Common pitfalls HR should avoid
Treating “we usually post” as optional when it’s become a practice
If you always post internally except when a certain manager wants a preferred candidate, that inconsistency can create legal exposure.
Publishing a pay range that isn’t tied to reality
If you post in California (or allow CA applicants), ensure pay ranges are defensible and consistent with compensation practices.
Falling for misleading “posting department” solicitations
Scams and misleading solicitations can target businesses by implying a posting is legally required. SwiftSDS tracks this issue in business posting department scam.
FAQ
Are employers required to post job openings in California?
Usually no. California does not have a broad rule requiring private employers to post every vacancy. Requirements may arise from public-sector rules, CBAs, internal policies, or specific federal programs. If you do post and have 15+ employees, you must comply with California pay scale posting rules (Labor Code § 432.3).
Do employers have to post job openings internally?
Only if your policy, practice, or a CBA/public-sector rule requires it. Many employers choose to post internally to support mobility and reduce inconsistency risk.
How long does a job have to be posted legally?
For most private employers in California, there is no legally required posting duration. Minimum timeframes typically come from internal policy, union agreements, civil service rules, or specific federal program requirements.
If SwiftSDS can support your compliance workflow, consider centralizing required notices through Electronic posters so employees can reliably access mandated labor law information across locations and remote teams.