Can an Employer Use Your Salary History To Set Your Pay?

The right salary is a crucial part of any job you take, yet advocating for it can be one of the trickiest parts of a job search. If a past employer paid you less than you deserved, you should not have to carry that shortfall into your next job. California law agrees.

Here is what the law says about salary history, in short:

• Employers generally cannot ask about your current or past pay.
• Employers may ask about your salary expectations for the role.
• Employers must give you the pay scale for a position when you reasonably request it.
• Voluntarily shared salary history may be considered, but only within strict limits.

At Olivier & Schreiber PC, we are committed to defending the rights of employees in California and across the nation. Our employment law attorneys help workers understand their pay-related rights and hold employers accountable when those rights are ignored.

Can a California Employer Ask About Your Current or Previous Pay?

Generally, no. Under Labor Code section 432.3, an employer cannot seek salary history information, including compensation and benefits, from an applicant, whether orally or in writing, directly or through a recruiter. There is a narrow exception for salary history that is publicly available under laws such as the California Public Records Act or the federal Freedom of Information Act.

What Can an Employer Legally Ask About Pay?

Employers still have room to talk about compensation. The law allows an employer to:

• Ask about your salary expectations for the position you are applying for.
• Provide the pay scale for that position, which they must do upon your reasonable request.

The “pay scale” is a good-faith estimate of the salary or hourly wage range the employer expects to pay upon hire. Knowing this range gives you real leverage: Instead of anchoring your worth to your old paycheck, you can negotiate based on the role’s actual value.

When Can Voluntarily Disclosed Salary Information Be Used?

If you voluntarily and without prompting share your salary history, the employer is allowed to consider that information when setting your salary. However, there is still a firm limit on this use. Even voluntarily shared salary history cannot be used to justify a pay gap based on sex, race, or ethnicity for substantially similar work. In other words, your past pay can never become an excuse for unequal pay.

You are not required to volunteer this information under California law, so think carefully before you do.

What Can You Do if Past Earnings Resulted in a Lower Offer?

You have real protections by law, and you do not have to advocate for them alone. If you believe an employer ignored equal pay laws in salary determinations, an equal pay attorney can help you explore your options. Legal professionals experienced in employment law can assess the strength of your claim, help you meet critical deadlines, and fight to recover any remedies you may be entitled to.

Protect Your Right to Fair Pay

Your past salary should not unfairly define your future earnings as your career evolves. California’s pay transparency and equal pay laws exist to keep old inequities from following you into a new job and to give you a path forward if an employer crosses the line.

If you suspect your offer or your current pay was shaped by improper use of your salary history, we can help. Contact Olivier & Schreiber PC for a confidential case evaluation, and let us guide you through every step toward a fair outcome.