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I have a California employment law question. is there

I have a California...

I have a California employment law question. is there someone that can assist?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We are an at-will employer

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I have a "California" employment law question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The question is regarding the new ban on inquiring into candidate's salary histories that takes effective 1/1/18.

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Answered in 2 minutes by:
12/12/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,402
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. What would you like to know about the new salary inquiry law? I very much look forward to helping you on this matter.

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Customer reply replied 7 months ago
We are trying to avoid hiring people that made significantly more money in previous roles (particularly sales) to avoid additional retention issues. We find that in the sales roles candidates will opt to accept our job making less because they need work and then quit shortly thereafter when they find a better paying position. Are we able to ask candidates if our starting pay is equitable or higher to what they had made in the past? We don’t want a number. We just want to know if our $40k base plus commission ($80k total comp) job is acceptable considering their previous pay history. Yes or no would be fine NOT, I used to make “xxx”. Also, are we able to get salary history after we make a job offer like what we do with our background investigation process? We only discuss and look at criminal felony convictions after we have made a written contingent job offer. Are we allowed to do the same with the salary history of candidates?

Thank you.

The new law provides that "An employer shall not, orally or in writing, personally or through an agent, seek salary history information..." This language is broad enough to encompass ANY inquiry into prior salaries. It is not restricted simply to requests for specific numbers. So, a question along the lines as you are proposing would not be permissible under the new rules, even though it seeks only a yes or no answer, because it is still seeking "information" about prior salaries.

The good news is that there is another possible solution to your problem regarding retention. You could simply require new hires to sign a clause explaining that they will be liable for their approximated training costs if they resign before X amount of time. This will weed out the people who aren't serious about working for you for the long term, even if the amount of the proposed repayment is not large (i.e. $2,000). These clauses have generally been held to be enforceable by CA courts, provided the amount to be repaid bears some actual and legitimate relationship to the training costs the employer will incur.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 7 months ago
Thank you very much!! I appreciate your feedback.

My pleasure! I'm glad I was able to assist.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,402
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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