Inquiring into Applicant’s Salary History Will Be History As Of January 1, 2018

By October 30, 2017Articles

With the signing of Assembly Bill 168, beginning January 1, 2018 California employers may no longer inquire into an applicant’s salary history or benefits during the job application and screening process. The bill also prohibits employers from utilizing salary history information of applicants which they may have on file in determining the salary for a particular position. This new legislation builds on the Fair Pay Act of 2015, and is intended to aid in further eliminating the wage gap between men and women.

Though employers may no longer solicit salary history as part of the hiring process, it is noted that if a candidate voluntarily offers details related to their salary history, an employer may utilize this information when considering the salary for a particular position. However, salary history may not be used to decide whether to make a job offer to an applicant.

Within this new law, employers must also be prepared to provide a salary range for an open position to an applicant who requests this information. The new legislation applies to employers of all sizes throughout California, including state and local government employers, and goes into effect on January 1, 2018.

Employment application forms requesting salary history should no longer be utilized when the new law goes into effect next year.

To read the full text of Assembly Bill 168, click here: Assembly Bill 168