Beginning January 1, 2018, California employers will no longer be able to ask applicants about their current or previous salary or hourly rate of pay, whether on an employment application or during the interview process. Additionally, employers must provide an applicant with the pay scale for the position upon reasonable request.
If an employer is aware or becomes aware of an applicant’s salary history, that information should not be used to determine the rate of pay offered, unless the information was volunteered by the applicant without any kind of prompting. In accordance with the California Equal Pay Act (which is already in effect), even if salary history is provided without prompting, it must not be the only basis for a disparity in pay between employees.
The good news is that if you’ve been using the Employment Application currently available in our HR Support Center, your application form is already in compliance. If you do not have this application you can email me or call (619) 880-7007. You may also contact me for additional information about the California Equal Pay Act update and how this change will further impact it.