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Transportation Law Alert: California Bars Inquiries Into Applicants’ Salary History

by A. Jack Finklea, James H. Hanson, Christopher C. McNatt Jr., David D. Robinson

October 13, 2017


California Bars Inquiries Into Applicants’ Salary History

Yesterday, California’s governor signed into law a bill prohibiting employers from seeking salary history information from applicants for employment.  The prohibition, aimed at helping prevent wage inequality based on sex, applies to all employers.  Along with the prohibition on compensation and benefit history, the new law also requires employers to provide a pay scale to applicants for employment upon request by the applicant.

California joins Oregon, Delaware, and Massachusetts, along with a handful of local governments, in banning salary history questions of applicants. Those states include penalties for asking applicants for this information. Many currently-used driver application forms ask for this information. Motor carriers with operations or drivers in these states should therefore review their applications to ensure the prohibited information is not requested from applicants. Given the sheer volume of applications processed by motor carriers, penalties for violating these statutes can compound quickly.

For more information on the new provisions or for any other questions relating to salary history prohibitions or the application process, please contact Jim Hanson, David Robinson, Jack Finklea, or Chris McNatt.

Scopelitis Transportation Law Alerts are intended as a report to our clients and friends on legal developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.