California Salary History Ban

Summary

To help close the gender wage gap, California law makes it illegal for employers to ask job applicants about how much money they made at their previous jobs.

Rights & Rules

01.
An employer cannot ask you, 'How much were you making at your last job?' either in an interview or on a written application.
02.
An employer cannot use your past salary to decide whether to offer you a job or to decide how much to offer you.
03.
If you VOLUNTARILY and without prompting tell the employer your past salary, they can use that information to formulate an offer, but they cannot use it to justify paying you less than someone else of a different gender.
04.
If you ask, an employer MUST provide you with the pay scale for the position you are applying for.

Penalties

01.
Employers who violate this law can be reported to the California Labor Commissioner, leading to investigations, fines, and potential civil lawsuits for lost wages.

Verified Citations

California Labor Code Section 432.3

Source

"An employer shall not, either orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment..."