Employers Can’t Ask Prior Salary Information

A new bill aimed at reducing the gender pay gap that has affected millions of women throughout the country has gone into effect. Governor Jerry Brown was in Sacramento to sign the Salary Privacy Bill at a local non-profit called Women’s Empowerment that assists women that are homeless. Following Massachusetts, Delaware, and Oregon, California is only the fourth state to stop these types of questions from being asked by employers. Even State and local government employers, as well as the Legislature, are not exempt from adhering to this bill.

Employers can’t ask prior Salary Information

The Salary Privacy Bill requires employers to not ask for previous salary history from an employment applicant as the basis for the starting salary of the applicant or in determining whether or not to actually the applicant in the first place. This includes any verbal or written request by the employer themselves or through an agent, and any information about the applicant’s prior/current compensation and benefits. This information is prohibited from being used in determining what salary to offer the applicant.

However, nothing in this bill prohibits the applicant from disclosing their salary history information voluntarily and without any prompting. Employers can still use this information if the applicant for employment voluntarily discloses this information, as well as salary history information under state or federal law that is already disclosable to the public. The prospective employee can also reasonably request the pay scale for the position they are applying for from the employer.

Published By:

Labor Law Office, APC

2740 Fulton Avenue, Suite 220
Sacramento, CA 95821

Office: (916) 446-4502
Email: [email protected]
Website: laborlawoffice.com

2018-01-29T17:11:23+00:00 January 29th, 2018|Wage and Hour|