California Law: Understanding the Ban on Asking for Salary History

The Intriguing Landscape of California Law Asking for Salary History

California law has seen a significant shift in recent years regarding the practice of asking for a job candidate`s salary history. This change has sparked a considerable amount of interest and discussion in the legal and business communities.

The Evolution of Salary History Inquiry

Traditionally, many employers would ask job applicants for their salary history as a standard part of the hiring process. In to combat and wage disparities, California has laws to this practice.

Assembly Bill 168

One of the most notable developments in this area is the passing of Assembly Bill 168 in 2017. This bill made it illegal for employers to ask job applicants about their previous salary. The rationale behind this legislation is to prevent the perpetuation of wage gaps that may exist from job to job.

Impact on Candidates

For job candidates, this change represents a positive step toward potential wage equality. By the to disclose salary individuals can their based on their and the they bring to the role, rather than being to past that may have affected by practices.

Employer Considerations

Employers in California must ensure that their hiring processes are in compliance with the state`s laws regarding salary history inquiries. May adjustments to forms, protocols, and aspects of the process.

Trends and Challenges

While the of Assembly Bill 168 represents a milestone, are discussions and about the of such in wage Some that the may fully the issues and could to consequences in the process.

Year	Number Salary History Cases
2018	15
2019	22
2020	18

The landscape of California law asking for salary history is complex and evolving. While the behind legislation is there are and in its. It is for both job and to about the laws and in this to ensure and in the process.

 

Unraveling the Mystery of California Law Asking for Salary History

Question	Answer
1. Is it for in California to ask for an salary history?	Yes, it is legal for employers in California to ask for an applicant`s salary history.
2. Can an employer use an applicant`s salary history to determine their new salary?	No, California law prohibits employers from using an applicant`s salary history to determine their new salary.
3. What should I do if an employer asks for my salary history during an interview?	If an employer asks for your salary history during an interview, you have the right to politely decline to provide that information.
4. Are there any exceptions to the California law regarding salary history?	Yes, there are for where salary history may be such as in the of a sales position.
5. Can an employer ask for an applicant`s salary expectations instead of their salary history?	Yes, an employer can ask for an applicant`s salary expectations as long as they do not base the new salary on the applicant`s previous salary.
6. What are the penalties for violating the California law on asking for salary history?	Employers who the law may fines and legal for asking for an salary history.
7. Is it to disclose my salary history?	It is not advisable to disclose your salary history voluntarily, as it may put you at a disadvantage during salary negotiations.
8. Can an employer verify an applicant`s salary history with previous employers?	No, California law prohibits employers from seeking an applicant`s salary history from previous employers.
9. What steps can I take if an employer insists on knowing my salary history?	If an employer insists on knowing your salary history, you can consult with a legal professional to understand your rights and options.
10. How can I ensure that my salary negotiations are based on my qualifications and not my salary history?	You can ensure that your salary negotiations are based on your qualifications by emphasizing your skills, experience, and the value you bring to the role.

 

California Law Salary History Contract

This contract is entered into on this day _____ between the Employer and Employee, with regards to the California law asking for salary history.

Contract
1. Employer agrees not to ask for the salary history of the Employee during the hiring process, in compliance with the California Labor Code section 432.3.	1.1. Employer to base offers on the job market rates, and the qualifications.
2. Employee agrees to provide accurate and truthful information regarding their salary expectations and requirements.	2.1. Employee that providing or information result in the of employment.
3. Both agree to by the California law regarding salary history and the legal of non-compliance.	3.1. Both to seek legal if is any or regarding the of the law.