2021 California Code
Labor Code - LAB
DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION
PART 1 - COMPENSATION
CHAPTER 3 - Privileges and Perquisites
ARTICLE 3 - Contracts and Applications for Employment
Section 432.3.
(a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.
(b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.
(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment. For purposes of this section, “pay scale” means a salary or hourly wage range. For purposes of this section “reasonable request” means a request made after an applicant has completed an initial interview with the employer.
(d) Section 433 does not apply to this section.
(e) This section does not apply to salary history information disclosable to the public pursuant to federal or state law, including the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or the federal Freedom of Information Act (Section 552 of Title 5 of the United States Code).
(f) This section applies to all employers, including state and local government employers and the Legislature.
(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.
(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.
(i) Nothing in this section shall prohibit an employer from asking an applicant about his or her salary expectation for the position being applied for.
(j) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary to justify any disparity in compensation.
(k) For purposes of this section, the term “applicant” or “applicant for employment” means an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position.
(Amended by Stats. 2018, Ch. 127, Sec. 1. (AB 2282) Effective January 1, 2019. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)
