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New California Law Prohibits Salary History Disclosure

A new California law that went into effect on January 1 prohibits employers and consumer reporting agencies, including National Crime Search, from asking about an applicant's salary history when conducting employment verifications.

Employers in the state of California may not "orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment." The law applies to all employers, including local and state governments.

Under AB 168, no employer may rely on an applicant’s prior salary history “as a factor in determining whether to offer employment . . . or what salary to offer an applicant.”  An employer must, upon reasonable request, provide an applicant with the pay scale assigned to the position sought.

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