Precluding employers from inquiring about or relying on an applicant’s prior salary history is undoubtedly an emerging employment law trend. Several states (Oregon, Massachusetts and Delaware) and municipalities (including San Francisco several months ago) have enacted such prohibitions. The prohibitions have generally been enacted to target the perceived gender-related wage gap and out of concern that prior salary history is irrelevant to the current position, and perpetuates prior discrimination.

Given this trend and California’s increased focus on Equal Pay related issues, it is not surprising that Governor Jerry Brown has signed a law (AB 168) curbing an employer’s ability to inquire about prior salary history information.  Here is an overview of the law’s provisions as well as some steps employers should consider before it takes effect on January 1, 2018, as well as an overview of the San Francisco Ordinance that takes effect on July 1, 2018.