CA A.B. 2282 - Salary Ban - Clarified

On July 18, California Gov. Jerry Brown signed A.B. 2282 clarifying the state's law that prohibits questions about an applicant's salary history. 

A.B. 168 was previously enacted prohibiting California employers from asking job applicants for salary history information. Under this legislation, California employers must provide applicants with the pay scale for a position upon reasonable request. 

The following are the clarifications included in A.B. 2282:

• An “applicant” is an individual who seeks employment with the employer, not a current employee.
• Pay scale is defined as a salary or hourly wage range and does not include bonuses or equity ranges.
• A "reasonable request" is defined as a request made after the applicant has completed the initial interview.
• Although A.B. 168 prohibits employers from asking for the applicant's salary history information, employers may ask about an applicant's salary expectations for the position.
• Clarifies aspects of the Equal Pay Act as well stating that: "Prior salary shall not justify any disparity in compensation. Nothing in this section shall be interpreted to mean that an employer may not make a compensation decision based on a current employee's existing salary, so long as any wage differential resulting from that compensation decision is justified by one or more of the factors listed in this subdivision." 
• The factors are: (1) a seniority system, (2) a merit system, (3) a system that measures earnings by quantity or quality of production, and (4) a bona fide factor other than race or ethnicity, such as education, training or experience. 

Hopefully these clarifications will aide employers in navigating the recent legislations. We often receive questions where the employer can ask for salary expectations, and now it is clear that they can which should make recruiters and hiring managers happy. 

Lauren Sims is the article’s author and the Director of Human Resources. 

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no-obligation consultation. 

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.