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High riskSalary history

Can you ask about salary history in California?

California law generally prohibits employers from asking applicants about their salary history and from relying on it to set pay. Asking what someone expects for the role is fine.

California Labor Code section 432.3 generally bars employers from seeking an applicant's salary history (directly or through an agent) and from relying on it to decide whether to make an offer or what pay to set.

The same law generally requires giving an applicant the pay scale for a position on reasonable request. Asking about expectations is allowed; asking what someone currently or previously earned is the part to avoid.

Risky phrasing

What were you paid at your last job?

Compliant rewrite

What are your salary expectations for this role?

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FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.