Beginning on January 1, 2018, Section 432.3 was added to the California Labor Code and prohibits any employer from seeking a prospective employee’s salary history or relying upon such information unless that information was first volunteered by the prospective employee. The only other exception to the new law is found in subsection (e) that excepts salary information “disclosable to the public pursuant to federal or state law, including the California Public Records Act. . .” Interestingly enough, the new law also requires such employers to provide, “upon reasonable request,” a “pay scale” for the position which the prospective employee seeks. Simply put, prospective employees, particularly women, just gained a huge advantage in salary negotiations. See California Labor Code Section 432.3
Why? – Because people (interpreted as women) who have historically been paid less than men (interpreted as women who have been discriminated against) are now protected from the perpetuation of their lower salaries from one employer to the next. This enables them to start on even footing with everyone else the next time they compete for a new job.
Employers—start revising those job applications
by removing salary information requests now!