New Bill Will Prohibit Employers from Requesting Applicant Salary History

On October 12, 2017 Governor Jerry Brown signed a new bill (AB 168) that will prohibit an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant.

It will prohibit an employer from seeking salary history information about an applicant for employment and requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. Applicants are not prohibited from voluntarily and without prompting disclose salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified.

The bill is effective January 1, 2018 and applies to all employers, including state and local government employers and the Legislature. It does not apply to salary history information disclosable to the public pursuant to federal or state law.

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