❌ 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 provide the pay scale (salary or hourly wage range) for the position to which the applicant is applying, if the applicant requests it, and after completion of an initial interview
📝 A new State Bill has been proposed to expand the pay transparency laws under Section 432.3 of the Labor Code. The proposed measure will require all California employers to proactively provide pay scales for open positions in job postings, not just upon request. The state senate passed the bill on May 24, 2022 and it now moves on to the state's assembly and governor's desk.
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.
AB 2282 Salary history information (Legislation)
AB-168 Employers: Salary information (Legislation)
SB 1162 (Proposed Legislation)
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.