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New Laws for 2018: Ban on Questions About An Applicant's Salary History (California)


Earlier this month, California Governor Jerry Brown signed A.B. 168 into law which will prohibit employers from asking about the salary history of job applicants or relying on salary history information (including compensation and benefits) for employment.  (This includes a ban on questions about an applicant's salary history in interview and on applications themselves.)  This new section of the California Labor Code, Section 432.3, will also prohibit agents of the employer (such as recruiters) from asking for this information.  Interesting to note that this new law applies to both public and private sector employers in the state.

Taking things one step further, the bill also requires employers, upon reasonable request, to provide an applicant with the pay scale for the position in which they apply. 

Bear in mind, the new law still allows an applicant to voluntarily and without prompting disclose salary information to a prospective employer.  So long as the applicant does this voluntarily and without prompting, the employer may lawfully consider or rely upon this information in determining the salary for the applicant.

The bill, set to go into effect on January 1, 2018 gives employers in the state time to adjust their hiring practices.  However, with January 1 only a few short months away, it is better to be proactive on this sooner rather than later.


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