The life of Pasadena employers will change dramatically soon after their New York Eve’s feast digests. Californian lawmakers have prepared a new surprise in the employment law that will affect both employees and employers.
Beginning January 1, 2018, it will be illegal for employers to ask about or rely on the salary history information when considering candidates for a job. Also, as part of the so-called salary privacy bill – or AB 168 – employers will no longer be able to ask job applicants about their prior criminal conviction history.
The new measures are set to make the employment process fairer for Californian employees and potentially reduce the gender wage gap. Also, advocates for the salary history question ban argue that asking about prior salary or conviction history in employment is discriminatory.
Since 2018, Pasadena employers will no longer be able to ask job applicants about prior compensation or benefits in order to pay them less than the company initially budgeted for the position.
Will the salary privacy bill benefit employees or employers?
Thanks to the new measures, employees will be able to progress in career and not face a wage ceiling. Previously, the salary history question prevented employees looking for a new job from earning more than they did in the past.
Our employment attorney here at Rager & Yoon – Employment Lawyers warns that the new law prohibits employers from asking about prior salary both directly and indirectly, which should prevent employers from finding new, more creative ways of getting applicants to disclose that information during job interviews.
Also, the new law is set to reduce the wage gap between different races, genders and ethnicities. Employers will also be prohibited of keeping the salary in the dark during the employment process, as the AB 168 requires Californian employers to provide a pay scale for a position when asked by a potential employee.
Pasadena employers no longer able to ask about conviction history
Under the new law, employers will be able to inquire into and consider job applicants’ prior conviction histories only after a conditional offer of employment is made to the applicant.
If a Pasadena employer feels that an applicant’s prior conviction history is reason enough to deny him/her employment, the law imposes restrictions on making such decisions.
Under the new law, employers will be required to make “an individualized assessment” and prove that the applicant’s prior convictions may negatively affect the company or has an adverse relationship with his/her duties.
When making the assessment, employers will be required to consider whether the applicant’s convictions were severe, how much time passed since the conviction and if his/her convictions have anything to do with the nature of the job.
If you, as an employer in Pasadena or anywhere else across California, intend to deny employment after conducting the individualized assessment, you’re required to provide the applicant written notice that his/her conviction history prevented him from landing the job, warns our Pasadena employment attorney.
The new 2018 employment law also requires you to include a copy of the conviction history and allow the applicant to respond to your written notice in an attempt to explain the conviction and his/her actions during the incident in question.
If you remain firm in your decision, you must provide the applicant with a notice of final decision. If you’re planning to run background checks on your job applicants, be advised to comply with the Fair Credit Reporting Act.
Uptick in employment lawsuits after the 2018 law?
An employment attorney here at Rager & Yoon – Employment Lawyers explains that while the new laws offer a plethora of opportunities to land a job for employees with lower salaries or prior conviction histories, they may create obstacles and an unfair playground for employers during the job interview process.
The new laws may result in an uptick of lawsuits and employment complaints against Californian employers suspected of relying their employment decisions on applicants’ prior salaries and convictions, attorneys warn.
If you’re being accused of violating the new 2018 employment laws, hiring a Pasadena employment attorney is your best line of defense. Consult our skilled lawyers to find out your rights in the aftermath of the salary history question ban.
Call our offices at 310-527-6994 or fill out this contact form to get a free initial consultation.