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California Provides Guidance Regarding Its Salary History Ban

In January, Californias salary history ban (A.B. 168) went into effect, which prohibits employers from seeking salary history information from an applicant. Employers also are prohibited from relying on an applicants prior salary history as a factor in determining whether to offer employment or what salary to offer an applicant. In July, Gov. Jerry Brown signed AB 2282, the Fair Pay Act Bill, which defines previously undefined terms like unreasonable request, applicant and pay scale. It also provides guidance on what questions an employer is permitted to ask during an interview and fortifies the delineation between applicants for employment and current employees.

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