Jacqueline McClure, Genesis Background Screening Services
On October 12, 2017, California’s Gov. Brown signed AB168, increasing the scope of the fair pay law. Assembly Bill 168 will be added to Section 432.3 of the Labor Code and states that employers are not allowed to seek salary history information about an applicant to use as a factor in deciding whether to offer them employment or to determine salary. The law further requires the employer, upon reasonable request, to provide the pay scale for a position to a job candidate.
If an applicant volunteers the information without prompting, the employer is not prohibited from using it to determine salary, but should be aware of Labor Code 1197.5 that was amended last year to get rid of disparity in compensation.
The bill applies to all employers including state and local government employers, except for any salary history information that is disclosable to the public pursuant to federal or state law.
Employers should review and update their employment applications to remove any questions that violate the law. Your employees that conduct interviews of applicants need to be trained so that there is a consistent procedure in place to follow the new legislation. Establishing a comprehensive pay grade/pay scale for each position will help your company be prepared for applicants who request it. The new law takes effect on January 1, 2018.
To see AB168
To see Labor Code 1197.5
For more help to make sure your company’s policy is in compliance with the laws and regulations for your state, you can consult with an experienced CRA (Consumer Reporting Agency) that has the services you need to fill in your HR gaps. The right partner can help you recruit, integrate your system, perform background screening, drug testing at convenient locations, and provide support throughout the process. Not only can you feel confident that you are bringing the best hire into your company, but you will know that you have done due diligence both legally and ethically for your employees and customers. In addition to accomplishing this at a price that fits your budget, a professional CRA partner pays for itself by avoiding costly hiring mistakes. For more information, contact Genesis Background Screening Services at 866 944-0041 ext 101, email firstname.lastname@example.org or visit https://www.genesisbackgroundscreening.com/
Genesis Background Screening is not a law firm and provides our blogs for informational purposes only. These blogs should not be considered as a substitute for experienced legal advice. Any laws or regulations mentioned in our blogs need to be researched by your company and any questions you have need to be answered by your legal counsel to be sure your organization is within the law and compliant with regulations.