In California, an employer generally cannot ask an applicant about past salary or rely on salary history to decide whether to offer a job or what salary to offer. California law protects applicants from salary history questions because past pay can carry forward wage gaps and unfair compensation patterns.
An employer may still ask about salary expectations. For example, a recruiter may ask what pay range the applicant is looking for. However, that is different from asking what the applicant earned in a prior job.
California Salary History Ban
California Labor Code Section 432.3 prohibits an employer from relying on an applicant’s salary history information when deciding whether to offer employment or what salary to offer. The law also prohibits an employer from seeking salary history information about an applicant, either personally or through an agent.
Salary history information includes compensation and benefits. The California Labor Commissioner explains that Labor Code Section 432.3 prohibits employers from asking, orally or in writing, about an applicant’s salary history, including compensation and benefits. The agency also explains that an employer may ask about salary expectations instead.
This means an employer should not ask questions such as:
- What did you make at your last job?
- What is your current salary?
- What were your benefits at your prior employer?
- Can you send your W-2 or pay stubs from your last job?
- What was your bonus history?
- What did your prior employer pay you?
The same rule can apply when a recruiter, staffing agency, or other hiring representative asks on the employer’s behalf.
Can an Employer Ask About Salary Expectations?
Yes. California law does not prevent employers from asking about the applicant’s salary expectations for the position.
That distinction matters. A lawful question may ask, “What salary range are you seeking for this role?” An unlawful question may ask, “What did your last employer pay you?”
Applicants can answer salary expectation questions without sharing prior pay. A response may focus on the market rate, job responsibilities, experience, or the posted pay range.
Can an Applicant Voluntarily Share Past Salary?
Yes. California law allows an applicant to voluntarily and without prompting disclose salary history information. If that happens, the employer may consider or rely on the voluntarily disclosed information in determining salary, unless another law prohibits it.
However, voluntary disclosure should be truly voluntary. If the employer asks, pressures, or uses an application field that requires past salary, the disclosure may not be voluntary in a meaningful way.
An applicant who wants to avoid sharing past pay can redirect the conversation. For example, the applicant may say that they are focused on the pay range for the role and would be happy to discuss compensation expectations based on the job duties.
Pay Scale Rights for Applicants
California law also gives applicants rights to pay scale information. Under Labor Code Section 432.3, an employer must provide the pay scale for a position to an applicant upon reasonable request.
California law defines pay scale as the salary or hourly wage range the employer reasonably expects to pay for the position. The Labor Commissioner’s Equal Pay Act guidance states that employers must provide applicants, upon reasonable request, the pay scale for a position.
In addition, California employers with 15 or more employees generally must include the pay scale in job postings. Labor Code Section 432.3 also requires employers to maintain job title and wage rate history records for each employee during employment and for three years after employment ends.
What If the Employer Asks Anyway?
If an employer asks about past salary, the applicant may want to document what happened. The issue may involve an interview question, job application field, recruiter email, background check request, or compensation form.
Helpful records may include:
- Job application screenshots
- Recruiter emails
- Interview notes
- Job posting
- Pay scale request
- Employer response
- Offer letter
- Compensation forms
- Text messages
- Any request for W-2s or pay stubs
An applicant can also ask the employer to provide the pay scale for the position. This may shift the discussion away from past pay and toward the compensation range for the current role.
Can an Employer Use Public Salary Information?
California’s salary history law has limited exceptions. Labor Code Section 432.3 does not apply to salary history information that is disclosable to the public under federal or state law, including the California Public Records Act or the federal Freedom of Information Act.
This exception may matter for certain public-sector roles or publicly available pay records. Still, an employer should not use the exception as a broad excuse to ask ordinary applicants about private past salary.
Salary History and Equal Pay
Salary history questions can affect pay equity. When employers base a new salary on past pay, prior wage gaps may follow a worker into the next job.
California’s Equal Pay Act prohibits paying employees less than employees of another sex, race, or ethnicity for substantially similar work unless the employer can justify the difference under legally recognized factors. The Labor Commissioner’s California Equal Pay Act guidance explains the salary history ban alongside California’s equal pay protections.
For that reason, salary history issues may connect to broader wage discrimination or pay equity concerns, especially when an employer asks about past pay and then offers a lower salary than similarly qualified applicants or employees.
FAQs About Employers Asking for Past Salary
Can a California employer ask what I made at my last job?
Generally, no. California law prohibits employers from asking applicants about salary history, including compensation and benefits.
Can an employer ask what salary I want?
Yes. An employer may ask about salary expectations for the role. That is different from asking what the applicant earned in the past.
Can I voluntarily tell an employer my past salary?
Yes. An applicant may voluntarily disclose salary history without prompting. However, the employer should not pressure or require the applicant to disclose it.
Can I ask for the pay range before accepting an offer?
Yes. California employers must provide the pay scale for a position to an applicant upon reasonable request. Employers with 15 or more employees generally must also include pay scale information in job postings.
Legal Help With Salary History Questions
Past salary questions can affect hiring, pay equity, job offers, negotiations, and future wage claims. A strong next step often depends on what the employer asked, when the question occurred, whether the applicant disclosed salary history, and whether the employer provided the pay scale.
Her Lawyer, A Professional Law Corporation, assists with California employment matters involving salary history questions, pay transparency, wage discrimination, retaliation, and workplace rights. Contact Her Lawyer to request a confidential consultation and discuss possible next steps.