San Francisco Passes Pay Parity Ordinance Affecting Employee Onboarding

Arnall Golden Gregory LLP
Contact

San Francisco’s Board of Supervisor’s passed a pay equity ordinance on July 11, 2017 which is now awaiting the Mayor’s signature. The “Parity in Pay” ordinance will become operative July 1, 2018. The ordinance will ban private employers from inquiring about and considering a job applicant’s prior salary history. It will also apply to certain contractors working with the city of San Francisco.  The ordinance, which adds Article 33 to the Police Code and Chapter 12K to the Administrative Code, can be found by clicking here.

  • The ordinance will apply to applicants applying for private employment to be performed in the geographic boundaries of San Francisco (the city and county). Under certain circumstances, the ordinance also applies to applicants for private employment where the work is performed under a contract with the city of San Francisco or when the work is performed on city property used under a lease, permit or license.
  • The prohibition is such that an employer cannot consider or rely on an applicant’s salary history as a factor in determining whether to offer employment to an applicant, or what their salary will be. Furthermore, employers cannot release the salary history of current or former employees to an applicant’s prospective employer without written authorization from the current or former employee, unless the release of salary history is required by law, is part of a publicly available record, or is subject to a collective bargaining agreement.
  • If an applicant voluntarily discloses salary history or provides written authorization to the release of salary history, then such can be considered or verified by an employer.

California’s Office of Labor Standards Enforcement (OLSE) will publish and make available in multiple languages notices describing to job applicants and employees their rights under the law. Employers will be required to post such notices in a conspicuous place at their workplace.

San Francisco joins the following states and cities with pay equity ordinances on the books — Delaware, Massachusetts, Oregon, New York City, NY and Philadelphia, PA.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Arnall Golden Gregory LLP

Written by:

Arnall Golden Gregory LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Arnall Golden Gregory LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide