Consortium Call of the Month

Category: Education Matters
Date: May 1, 2019 04:22 PM

Members of Liebert Cassidy Whitmore’s consortiums are able to speak directly to an LCW attorney as part of the consortium service to answer direct questions not requiring in-depth research, document review, written opinions, or ongoing legal matters. Consortium calls run the full gamut of topics, from leaves of absence to employment applications, student concerns to disability accommodations, construction and facilities issues and more. Each month, we will feature a Consortium Call of the Month in our newsletter, describing an interesting call and how the issue was resolved. All identifiable details will be changed or omitted.

Question: A human resources manager contacted LCW to ask whether an agency can ask applicants about their salary expectations during the hiring process.

Answer: The attorney explained that AB 2282, which became effective January 1, 2019, allows an employer to ask an applicant about salary expectations for the position sought. The attorney explained that this is one of the exceptions to Labor Code section 432.3, which generally prohibits an employer from relying on an applicant’s salary history information as a factor in determining salary.


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