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California amends pay equity law, clarifies salary history issues

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in Centerpiece,Discrimination and Harassment,Human Resources

By Christopher W. Olmsted and Charles L. Thompson, IV, Esqs., Ogletree Deakins

California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales and the application of the law to existing employees. The California Fair Pay Act, codified at California Labor Code section 1197.5, previously saw significant amendments in 2015 and again in 2016.

The act provides that “an employer shall not pay any of its employee at wage rates less than the rates paid to employees of the opposite sex,” or another race or ethnicity, for equal work on equal jobs.

In 2017, section 432.3 was added to the California Labor Code. This law prohibits employers from relying on job applicants’ salary histories when setting pay, with certain exceptions.

Assembly Bill 2282, which was signed into law by Gov. Jerry Brown on July 18, 2018, amends California Labor Code section ...(register to read more)

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