August 30, 2017

Employer Consideration of Applicant’s Salary History (Ordinance No. 170350)

Background on Act:

San Francisco Ordinance No. 170350 bans employers from considering the current or past salary of an applicant in determining whether to hire an applicant or what salary to offer the applicant. The ordinance also prohibits employers from asking applicants about their current or past salary and from disclosing a current or former employee’s salary history without the employee’s authorization unless the salary history is publicly available. 

General Impact to Employers:

Employers are required to post a notice published by the San Francisco Office of Labor Standards Enforcement describing applicants’ and employees’ rights under the ordinance and may not retaliate against the applicant for not disclosing salary history. An employer may consider voluntarily disclosed salary history in determining an applicant’s salary or for verifying the applicant’s salary history. Salary history can never be used to justify paying any employee of a different sex, race, or ethnicity less than the applicant for doing substantially similar work under similar working condition. An employer can discuss the applicant’s expectation with respect to salary or any financial benefit the applicant would have to forego to take the new job. The salary history ban covers an application for any type of job for wages, including temporary or seasonal work and commissioned work.

For More Information:

For further insights into this Act, view the following links:

Final Rules

NY State Average Weekly Wage

Team Ceridian

Our experts provide timely, essential insights and analysis for HCM leaders. We share fresh strategies and practical tips for businesses of all sizes, thoughts on hot topics and industry trends, and the latest legislative updates.

View Collection

Thank you!

You’ll receive our next newsletter when it becomes available.

Sign up for our newsletter

Get the latest thought leadership from Ceridian
See the Ceridian Privacy Policy for more details.
Find anything about our product, search our documentation, and more. Enter a query in the search input above, and results will be displayed as you type.