On January 1, 2018 the California Salary History Disclosure law went into effect. California joins Delaware, Puerto Rico, Oregon, Massachusetts, New York City, Philadelphia (pending legal challenge) and its own city of San Francisco in prohibiting employers from asking job applicants for salary history information. Also, effective July 1, 2018, Vermont passed their law prohibiting employers from obtaining and using past salary history.

The new California law also makes California the first jurisdiction in the country to require that employers provide applicants with the pay scale for a position, upon “reasonable request.”

This development follows the trend of the pay-equity movement taking place in cities and states nationwide. Given the new national focus on prior salary history information, employers must be mindful of your state’s restrictions and evaluate how new legislation may impact them.

Employers must know the laws in each and every jurisdiction where they do business, where their applicants and employees reside and even where they are interviewed. Visit your your state’s employment commission website for additional resources.

Employment counsel should be consulted. Information including sample documents should NOT be construed as legal advice, guidance or counsel.  Employers should consult their own attorney about their compliance responsibilities under the FCRA and applicable state and local laws.  National Credit and Screening Co., LLC expressly disclaims any warranties or responsibility, or damages associated with or arising out of information provided.