California recently passed a bill preventing employers from inquiring about salary history. Did you know there are other jurisdictions with laws about confirming salary history?
This law would become effective January 1, 2018. This bill would prohibit an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant.
The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment.
The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified.
The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
Among other requirements under the Bill, 432.3. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.
An article in the Milwaukee Business Journal highlights other states and municipalities who have enacted similar laws prohibiting employer inquiries into job applicants’ salary histories:
· Delaware (effective Dec. 14, 2017)
· Massachusetts (effective July 1, 2018)
· Oregon (became effective Oct. 6, 2017)
· New Orleans (became effective Jan. 25, 2017)
· New York City (effective Oct. 31, 2017)
· San Francisco (effective July 1, 2018)
Steps employers should take
Review and revise employment applications to remove any questions that may ask an applicant to provide his or her previous or current salary or benefits.
Train their human resources and other interview team personnel to ensure that they will not ask questions about an applicant’s salary history during the application and interview process.