Beginning Jan. 1, 2018, California employers will no longer be able to ask job applicants about their salary history. California joins a small but growing group of states and cities that have enacted similar measures, including New York City, San Francisco, Philadelphia, Oregon, Delaware and Massachusetts. This development is the latest in a number of California legislative initiatives designed to promote pay equity.
Under California’s new law, Labor Code Section 432.3, employers may not ask, either orally or in writing, for an applicant’s compensation or benefits history. In addition, an employer cannot rely on an applicant’s past salary as a factor in determining whether to offer employment or in determining what salary to offer. Lastly, the new law requires employers to provide, “upon reasonable request,” the “pay scale” for the applicable position.
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