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California joins growing movement prohibiting pay history inquiries

California has joined a growing number of jurisdictions that prohibit employers from asking applicants about their pay history, with the enactment of a statewide law, effective January 1, 2018. This new law will  prohibit employers from asking applicants about their pay history or even relying upon information about an applicant’s pay history in setting a position’s pay (with some exceptions including the ability to consider such information if it was disclosed “voluntarily and without prompting”). The new law requires employers to provide an applicant, upon request, the preset wage scale for the position.

Other jurisdictions with similar restrictions include Delaware, Massachusetts, Oregon, Puerto Rico, as well as New York City, Philadelphia and San Francisco.

This is an evolving area of the law, and employers are advised to consult with legal counsel to determine the requirements, if any, in each jurisdiction where they hire and employ workers.

Source: Bill Text – AB-168 Employers: salary information.