Statewide Legislation

❌ 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.

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.

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