California Clarifies Its Salary History Ban Law
As a result of recent California legislation, effective January 1, 2018, employers may not ask job applicants about their salary history (the “salary history ban law”). More specifically, an employer may not rely on an applicant’s salary history information in determining whether or not to offer a job to an applicant or what salary to offer an applicant, except in specified circumstances. California law also requires an employer, upon an applicant's reasonable request, to provide the pay scale for a position to an applicant.
Last month, Governor Jerry Brown signed AB 2282 -- the Fair Pay Act Bill -- into law. It further clarifies the salary history ban law. These clarifications to the existing salary history ban law go into effect on January 1, 2019. Below are the highlights:
1. For purposes of the salary history ban law, “applicant” means an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position. In other words, the salary history ban law does not apply to internal applicants or internal transfers.
2. “Pay scale” means a salary or hourly wage range.
3. “Reasonable request” means a request made after an applicant has completed an initial interview with the employer. In other words, employers are not required to provide a pay scale to applicants who have not even completed an initial interview.
4. Employers may ask an applicant about his/her salary expectation regarding the position being applied for. But again, employers may not ask about the applicant’s salary history.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.