California Prohibits Employers from Salary and Benefit History Inquiries During the Hiring Process
On October 12, 2017, Governor Jerry Brown signed the California Labor Code Section 432.3 into law. Effective on January 1, 2018, California employers are prohibited from asking job applicants about their current salary or previous salary history. They are also prohibited from asking about applicants benefit history. This prohibition applies to the entire interview process, including the job application.
Job applicants may voluntarily disclose the information they choose about their salary and benefit history. However, they must do this without being prompted to by the employer. The employeer cannot in any way ask for this information.
Also, In accordance with the California Equal Pay Act, that information may not be used to determine the pay scale offered.
Additionally, Employers are required to provide the job applicants with the pay scale for the desired position if requested.
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To learn more about the new law, click here to access the FAQ page of the Society of Human Resource Management.