New Law Prohibits Prior Salary Inquiries and Requires Pay Scale Disclosure on Request
New Law Prohibits Prior Salary Inquiries and Requires Pay Scale Disclosure on Request

Effective January 1, 2018, California Assembly Bill 168 (AB 168) prohibits asking job applicants about their salary history (including other forms of compensation and benefits), or otherwise seeking this information.  Further, employers may not rely on salary history as a factor in determining whether to offer employment to an applicant, or the salary the employer will offer an applicant.  Although the law permits employers to consider salary history if an applicant voluntarily and without prompting discloses this information, employers should proceed cautiously based on a recent state law that provides that prior salary alone cannot justify a disparity in salary.

The new law also requires employers to provide the pay scale for a position upon an applicant’s request.  

This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP.  It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked.  So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again.  This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing.  No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits).  But feel free to contact us with your questions and comments—who knows, we might even answer you.  And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry).  Big news: Copyright 2017.  All rights reserved; yep, all of them. If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it. 

If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department.  

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