Can employers ask for previous hourly rate in california

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Is it illegal to ask salary history in California?

Effective , Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant’s salary history information, which includes compensation as well as benefits.

Can HR ask past salary?

California’s ban prohibits private and public employers from seeking a candidate’s pay history. Even if an employer already has that information or an applicant volunteers it, it still can’t be used in determining a new hire’s pay.

Can you ask someone’s salary in California?

California’s Salary History Ban: Answers to Frequently Asked Questions. As of Jan. 1, California employers are required to comply with California Labor Code Section 432.3, which prohibits employers from asking job applicants about their salary histories.

Why do employers ask for salary history?

These reasons generally include the following: They want to determine your market value. Your salary history — specifically the salary you earned in your most recent position — is one factor an employer can use to gauge your level of experience and the value you’ll bring as an employee.

Which states have a salary history ban?

It’s illegal to ask for salary history in several states including California, Connecticut, Delaware, Hawaii, Massachusetts, Oregon and Vermont, which all have some form of ban for private employers.

Can employers ask what you currently make?

Employers are also required to provide pay scale information if an applicant asks. Employers can’t ask for or use an applicant’s compensation when setting pay. Employers also can’t disclose a current or former employee’s salary without their consent. Employers can’t ask for an applicant’s pay history.