Hi[gh]ring Practices: Salary History Bans

As more states legalize cannabis, growth in job opportunities rises. However, with more jobs, the greater the risk of employment related lawsuits at the hiring stage. While there are a host of issues cannabis companies need to consider at the hiring stage (i.e. background checks, policies, benefits, payroll, etc.), this blog post focuses on salary histories.

Salary history bans at the State level.  Many states and municipalities have enacted bans that prevent employers from asking applicants about their prior salary information.

For example,  California employers cannot ask applicants for prior salary histories and, if the applicant shares this information voluntarily, employers cannot use the information to determine pay.  San Francisco goes a step further and adds that employers cannot disclose a current or former employee's salary without their consent unless  it's publicly available, required by law, or subject to a collective bargaining agreement.