California’s new Salary Privacy Law makes it unlawful for an employer to inquire or rely on an applicant’s salary history as a factor in hiring and salary decisions.
What are the main points I need to know about the Salary Privacy Law?
- During interviews (and at other times) it is no longer acceptable to ask an applicant about his or her salary history (either verbally or in writing on job applications)
- You may not utilize the salary history of an applicant to determine whether to hire the applicant.
- You may not utilize the salary history of an applicant to determine what salary to offer the applicant.
Are there any exceptions?
- Yes. The law does not apply to salary history that is public record pursuant to state or federal law.
When does this law take effect?
- January 1, 2018
What if the applicant tells me his or her previous salary without me asking?
- That’s okay!
- The new law does not prohibit an applicant from choosing (without prompting by you) to disclose salary history.
- IMPORTANT: If an employee voluntarily discloses salary history, then it is also acceptable for you to utilize the information in determining what salary to offer the applicant.
Where can I get more information?
- Additional information about the Salary Privacy Law can be obtained at the following website links:
Contact the law office of Robert L. Shipley today and speak with an employment attorney.