❌ You cannot:
Ask about salary history
Rely on salary history to determine whether to offer employment or what salary to offer
Seek salary history information (including post offer or post-employment)
✅ You can:
Consider unprompted, voluntarily disclosed salary history info to set salary (but not for making a hiring decision)
Ask about salary expectation for the position in which they’re applying
📌 You must proactively provide pay scales (salary or hourly wage ranges) for open positions in job posting - not just upon request. Additionally, employers (of 15 employees or more) are obligated provide employees with the pay scale for jobs they currently hold.
San Francisco-specific Legislation
❌ You cannot:
Ask for, or consider, current or prior compensation in setting pay
Disclose current or former employee’s salary information without their consent
The following sites provide additional information and resources.
SB 1162 (Legislation)
AB 2282 Salary history information (Legislation)
AB-168 Employers: Salary information (Legislation)
California Advances Commitment to Pay Equity and Supporting Women (Office of Governor Gavin Newsom, CA.Gov, September 27, 2022)
California Poised to Expand Pay Transparency, Reporting Obligations (SHRM, August 18, 2022)
California Proposes Bill To Expand Employer Pay Transparency and Pay Data Reporting (JDSupra, April 21, 2022)
What every employer should know about California’s new salary disclosure law (Transition Staffing Group, Jan. 2, 2019)
California provides guidance regarding its salary history ban (Littler, Aug. 7, 2018)
California clarifies its law banning inquiries into applicant’s salary history (Hunton Andrews Kurth, July 26, 2018)
California bans the box, outlaws salary history questions (HR Dive, Oct. 16, 2017)
The resources available here are for informational purposes only and do not constitute legal advice or opinions. For legal advice, please consult with your employment counsel directly.