California has already prohibited employers from asking applicants for prior salary history information. But on April 9, 2018, the Ninth Circuit issued an equal pay decision that an employer cannot justify a pay difference between male and female employees by relying on prior salary.
What if an applicant voluntarily discloses their previous salary history without prompting? Employers are still not allowed to factor that information in when considering the employee’s starting pay.
If you need assistance with determining the appropriate rate or salary for a position, please contact JH Consulting and we can provide recruiting and compensation services to determine salaries for your new and current employees.