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ARTICLE · 30 OCTOBER 2017

Asking for Salary History May Be Illegal In Your State

Reinhart, Boerner, Van Deuren SC
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On October 12, 2017, California enacted a law that prohibits employers from requesting (either orally or in writing) job applicants' salary history, including both compensation and benefits.

United StatesEmployment and HR
Jessica Simons
Jessica Simons
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California recently banned employers from asking salary history questions

On October 12, 2017, California enacted a law that prohibits employers from requesting (either orally or in writing) job applicants' salary history, including both compensation and benefits.  The new law further requires California employers to provide job applicants, upon request, with the pay scale for the position sought.

While California employers may not ask job applicants about their salary history under the new law, job applicants may voluntarily provide this information to a prospective employer.  If an applicant volunteers his or her salary history information to a prospective employer, the prospective employer may lawfully consider or rely on the voluntarily‑disclosed information to determine the salary it will offer the job applicant.  However, consistent with California's other laws, an individual's salary history, by itself, may not be used to justify any disparity

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