Struggling with California’s Applicant Salary History Law? (A Little) Help has Arrived.

When California’s prohibition on asking applicants about their salary history (AB 168) went into effect on January 1, 2018, many HR professionals struggled with the following question: “If I ask an applicant about salary requirements, and the question elicits information … Continue reading

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Employers Cannot Use Salary History to Defend Against Equal Pay Claims

On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, … Continue reading

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California Bans Inquiries About Salary History During Hiring Process

The California Legislature recently enacted Assembly Bill (AB) 168, impacting the types of questions employers may ask job applicants about their prior salary information, effective January 1, 2018. AB 168 makes it unlawful for employers to ask applicants – either … Continue reading

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Why Asking About Salary History Is Risky Anywhere

There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions … Continue reading

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CA Law Prohibits Reliance on Salary History

Last week, in a law designed to narrow the gender wage gap, California Governor Jerry Brown signed into law AB 168, which prohibits all employers from relying on the salary history information of an applicant to determine: (1) whether to … Continue reading

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Think Before You Ask: New Laws Banning Employers From Asking Job Applicants About Their Salary and Wage History

Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To … Continue reading

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