California Employers Prohibited from Seeking Applicant Salary Information

Assembly Bill 168 amends the California Equal Pay Act to prohibit an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to make an offer or what salary to pay. It also prohibits an employer from seeking salary history information about an applicant, and requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant.

The bill does not prohibit an applicant from voluntarily and without prompting disclosing salary history information, and does not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary.

Practical Implications

Employers should update their hiring processes and employment applications, and train those who interview job applicants, to ensure they are not asking for prior salary information and to have pay scales available upon request. Employers should also consider having a form available for applicants to sign to document a voluntary and unsolicited disclosure of salary information.