Category: Law

S.F.’s Own Employment Laws Cannot Be Ignored, Including a New Law Prohibiting Asking Job Candidates About Past Salary

SAN FRANCISCO, CA – Mehrdad Tabatabaian has sued Professional Technical Security Services Inc. alleging, among other things, that the defendant failed to follow the regulations in San Francisco’s Health Care Services Ordinance, which generally requires employers with more than 20 employees set aside funds for employees’ health care expenditures.

San Francisco enforces the HCSO and its other laws through the S.F. Office of Labor Standards Enforcement, which is a fairly active agency that has assessed millions of dollars in fines against offending employers. For a list of S.F.’s employment laws, go to the S.F. O.L.S.E.’s website, here.

One new law of particular interest is the Considering of Salary History Ordinance, which took effect July 1, 2018. The Consideration of Salary History Ordinance prohibits employers from considering current or past salary of an applicant in determining whether to hire the applicant or what salary to offer the applicant. The ordinance also prohibits employers from (1) asking applicants about their current or past salary or (2) disclosing a current or former employee’s salary history without that employee’s authorization unless the salary history is publicly available.

Sound crazy? S.F. is just following the state’s lead. The State of California passed legislation prohibiting employers from asking applicants about their current or past salary last year. The law took effect January 1, 2018.