2018 will bring two new laws that will affect how you apply for jobs in the Golden State.

The “Ban the Box” Law – more formally known as AB 1008 – prohibits employers from asking about criminal records, and the state’s new salary privacy law (AB 168) forbids asking about candidates’ salary history.

Together, they are poised to help employees across the state. “Ban the Box” aims to provide fair opportunities for the one in three California adults with arrest or conviction records. The salary privacy law is intended to stop wage discrimination, which typically affects women; in California, their earnings are 88 percent of those for men.

What is the “Ban the Box” Law?

Starting in 2018, California will not allow questions about criminal conviction histories on employment applications. This law applies to most public and private employers with five or more employees.

Under this new law:

• An employer cannot ask about criminal history until after it makes a conditional offer of employment.
• Once an offer is made— and criminal history received – the employer cannot deny an applicant a position “solely or in part because of conviction history” until it makes a specific assessment.
• The assessment must justify denying the applicant the position by showing how the conviction history is relevant to the exact job duties. The employer must consider the nature and gravity of the offense, the time that has passed, and the nature of the job sought, among other factors.
• If the employer decides to disqualify the applicant, it must notify the applicant of its preliminary decision in writing. The employer must explain the disqualifying conviction, provide a copy of the criminal history report, and tell the applicant that he or she has the right to respond within five business days.
• If the employer’s final decision is to deny employment, it must make a second written notification that outlines the final denial, any procedure to challenge the decision, and the applicant’s right to file a complaint with the California Department of Fair Employment and Housing.

Can employers ask about my salary history?

Not in California. After January 1, 2018, the state will join Delaware, Massachusetts, New York, Puerto Rico and Oregon on the list of states that ban employers from asking about salary histories.

Indeed, under AB 168, employers can no longer ask about applicants’ salary history information, including compensation and benefits. In addition, employers must provide applicants the pay scale for a position upon request.

The measure is meant to prevent wage discrimination from following an individual from job to job; as the bill’s author stated, “Closing the wage gap starts with barring employers from asking questions about salary history so that previous salary discrimination is not perpetuated.”

It’s important to note that if an applicant voluntarily provides salary history information, the employer can consider that information when determining his or her salary.

If you encounter prospective employers who have broken these new laws, contact Keller Grover at 866-663-3308 for a free consultation.