A New Law Preventing Employers From Inquiring About Your Salary History as a Job Applicant Goes Into Effect on January 1, 2018

On January 1, 2018, California Assembly Bill (“AB”) 168, which further regulates the employment application process, goes into effect. The Bill was meant to address the gender wage gap in California and under it, new Section 432.3 will be added to the California Labor Code. Subsection (a) of new Section 432.3 provides that an employer (including not only private employers but also state and local government) shall not rely on salary history information of a job applicant as a factor in determining whether to offer employment to an applicant or the salary amount that will be offered to the applicant. Subsection (b) further provides that an employer may not seek salary history information about a job applicant. However, nothing in AB 168 prohibits the job applicant from voluntarily disclosing their salary history. An employer is also required to provide the pay scale for the pay scale for the position sought upon reasonable request by a job applicant.

Lara & Luna APC continues to monitor new laws and related developments that impact the rights of employees throughout the State of California. The firm believes that educating employees about these issues improves workplaces in particular and our community as a whole. If you have any questions regarding your rights as an employee – from the time that you submit your job application through the conclusion of your employment relationship – please contact our office.