Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
12/12/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,873
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.

Ask Your Own Employment Law Question
Customer reply replied 4 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.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

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

Ask Your Own Employment Law Question
Customer reply replied 4 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: 13,873
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,873
13,873 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,146 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an employment law question in California i need legal
I have an employment law question in California i need legal advise … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Looking for lawyer who does employment law. I am not sure i
I am not sure i understand your question...? But have a question I want to ask a lawyer who has expertise in employment law. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
481 satisfied customers
I have a question about employment law in regards to a
I have a question about employment law in regards ***** ***** employer who has not paid me final commmisions … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Employment law question regarding settlement language -- my
Employment law question regarding settlement language -- my former employer will not sign a mutual non-disparagement - I have full disparagement but they only wants to limit to a few employees - more … read more
Thelawman2
Thelawman2
Doctoral Degree
1,350 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Just wondering about employment law. Both. At will hourly.
it's about annual review being negative and me not getting a raise as a result, and not being able to transfer from a hostile environement… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,817 satisfied customers
Employment law. My manager told the entire department to
employment law. My manager told the entire department to ignore me, not to look at me. also in an auditorium meeting she said "little (name) in the corner" … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,873 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have a question regarding employment law in the state of
I have a question regarding employment law in the state of Texas … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I have a question on employment law in Georgia. It involves
I have a question on employment law in Georgia. It involves a college that falls under the Univeristy System of Georgia. An employee's position was eliminated under the pretense of Reorganization/Redu… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
I accepted a retention bonus in the amount of $5000. The
I accepted a retention bonus in the amount of $5000. The agreement I signed with my employer said I would be responsible for the net amount paid to me if Ieft employment before on year which I did. To… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
Employee law requires retention of some records as as 50
Employee law requires retention of some records as long as 50 years. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x