Two new California laws are taking effect, on January 1, 2018, that restrict what information employers can request during the hiring process. Employers will no longer be able to inquire about an applicant’s salary history, or conduct conviction related background checks without a contingent employment offer.
As the new year draws near, it is important to be familiar with the new laws and anticipate what changes need to occur to ensure your company is compliant.
AB 1008 – Applicant’s Criminal Background
With AB 1008 taking effect in January, California will become the 10th state mandating private-sector employers to “ban to the box”. The law applies to most employers with 5+ employees, and prohibits employers from inquiring into an applicant’s conviction history unless a conditional offer of employment has been made.
AB 168 – Salary History Ban
AB 168 is a salary history ban, which bars employers, of any size, from seeking salary history from a job applicant. It also requires that employers provide a pay scale for a position to an applicant when requested.
Next Steps – review your current application form and hiring process
Make sure your current process is not relying upon salary history information, and is in line with these new laws. If you’re an existing IBS client who uses our newer Webpay platform, reach out to IBS at IBSsupport@ibspayroll.com if you need to update your online application. Please also email us if you wish to learn more about IBS’s recruiting module or scheudle a demo.
To learn more about these new laws impact Californian employers, please visit the following links:
For more information about AB 1008, please click here
For more information about AB 168, please click here
Sources Cited:
- Mauer, Roy (2017). “California ‘Bans the Box,’ Prohibits Salary History Queries”. Society for Human Resource Management. 23 Oct. 2017. https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/california-bans-the-box-prohibits-salary-history-queries.aspx
- Mauer, Roy (2017). “California ‘How to Comply with Bans on Queries About a Candidates’ Salary History”. Society for Human Resource Management. 7 Sept. 2017. https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/california-bans-the-box-prohibits-salary-history-queries.aspx
- McCarty (2017). “Bill Text – AB-1008 Employment discrimination: conviction history”. California Legislative Information. 16. Oct. 2017.http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1008
- Eggman (2017). “AB-168 Employers: salary information”. California Legislative Information. 13. Oct. 2017. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB168
Disclaimer: These materials are provided for informational purposes only and are not intended as legal or tax advice. Readers of the IBS Blog should contact their legal or tax professionals to discuss how these matters relate to their individual circumstances.