As of January 1, 2018, employers in California are no longer allowed to rely on the salary history or inquire into the salary history of an applicant as a factor in determining employment. The new law states: “an employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.”
It is important to note that this does not prohibit an employee from voluntarily providing such information. If an employee voluntarily provides this information, you may rely on that voluntary disclosure for the purposes of determining salary. In addition, employers may be required to provide the pay scale for a position to an applicant, upon reasonable request by the applicant.
As an employer in California, it is important to keep up-to-date on new requirements like these. For more information on requirements California imposes on employers or other considerations such as the Fair Pay Act when making salary decisions, contact our experienced attorneysat Chauvel & Glatt.
