California’s new Salary Privacy Law makes it unlawful for an employer to inquire or rely on an applicant’s salary history as a factor in hiring and salary decisions.

What are the main points I need to know about the Salary Privacy Law?

• During interviews (and at other times) it is no longer acceptable to ask an applicant about his or her salary history (either verbally or in writing on job applications)
• You may not utilize the salary history of an applicant to determine whether to hire the applicant.
• You may not utilize the salary history of an applicant to determine what salary to offer the applicant.

Are there any exceptions?

• Yes. The law does not apply to salary history that is public record pursuant to state or federal law.

When does this law take effect?

• January 1, 2018

What if the applicant tells me his or her previous salary without me asking?

• That’s okay!
• The new law does not prohibit an applicant from choosing (without prompting by you) to disclose salary history.
• IMPORTANT: If an employee voluntarily discloses salary history, then it is also acceptable for you to utilize the information in determining what salary to offer the applicant.

Where can I get more information?

• Additional information about the Salary Privacy Law can be obtained at the following website links:
• • https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB168

• • https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=1.&chapter=3.&article=3.

Contact the law office of Robert L. Shipley today and speak with an employment attorney.