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The Daily Insight

Can employers ask for previous salary in California?

Author

Andrew Ramirez

Published Apr 01, 2026

Employers in California cannot ask job applicants about their salary history. Prohibited from seeking salary history information, including compensation and benefits, about an applicant; and. Upon reasonable request, an employer shall provide the pay scale for a position to an applicant.

Can you ask desired salary in California?

Under California’s new law, Labor Code Section 432.3, employers may not ask, either orally or in writing, for an applicant’s compensation or benefits history. In addition, an employer cannot rely on an applicant’s past salary as a factor in determining whether to offer employment or in determining what salary to offer.

Can I ask a candidate their current salary?

In most states, employers are free to ask job applicants about their current or prior salaries. (To learn about California’s salary history ban, see our article on California equal pay laws.) Two states, Wisconsin and Michigan, have bucked the trend by enacting laws that specifically prohibit salary bans.

Can employers verify salary California?

In California, Hawaii, and New Jersey, an employer can consider voluntarily disclosed salary history information in determining a salary for the applicant, but not in making a hiring decision. Most laws forbid retaliation against applicants who refuse to voluntarily disclose salary history information.

Can you discuss your salary in California?

An employer may not prohibit an employee from disclosing his or her own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise rights under the Equal Pay Act.

Is it illegal to discuss salary California?

Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Employers legally may not discipline or terminate employees for discussing their pay at work.

Can you be fired for discussing salary in California?

Explicitly stating that retaliation against employees who seek to enforce the law is illegal, and making it illegal for employers to prohibit employees from discussing or inquiring about their co-workers’ wages.