📝 Pay transparency legislation goes into effect January 1, 2023

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:

  • Provide the salary or hourly range upon request from the application and after an initial interview has been completed (excludes employers with <15 employees)

  • Starting in January 2023:

    • All employers (including those with fewer than 15 employees) must proactively provide pay scales (salary or hourly wage ranges, but not including bonuses or equity-based compensation) in the job posting - not just upon request

    • All employers are also required to 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.

Did this answer your question?