Beginning January 1, 2018 it is unlawful for an employer to ask applicants about the applicant’s salary history.
The New Law
Effective January 2018:
“(a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.
(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.
(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.”
There is an exception to the above if your business is required to ask an applicant about their salary history per a federal or state contract.
What Does The Change Mean for My Business?
- Review your employment application to ensure that it does not contain a request for information regarding salary history (e.g.,”prior salary” or “last rate of pay”).
- Make sure that managers and other staff involved in the hiring process know of the new law.
Can I Ask Anything About Salary?
Yes! You can ask applicants about salary expectations or their desired rate of pay.
Questions? Email us at firstname.lastname@example.org.