Salary History Ban Law Clarified

Governor Brown recently signed AB 2282 to clarify questions regarding AB 168 signed into law October 2017 prohibiting California employers from asking job applicants for salary information. AB 168 makes it unlawful for an employer to ask salary history information, orally or in writing, personally or through an agent, about an applicant for employment.

AB 2282 addresses questions relating to the definition of “applicant”, “pay scale”, “reasonable request”, and “salary expectations”.

The bill defines and clarifies the following.

• An applicant as an individual who seeks employment with the employers and not a current employee.
• Pay scale as the salary range or hourly wage that does not include bonus or equity.
• A reasonable request made after the applicant has completed the interview process.
• Employers may ask applicants what their salary expectations are during the interview process.

Employers are recommended to update their recruiting and pay policies to reflect the updated law before or by January 1, 2018.

ACA Individual Mandate Updated

President Trump recently signed a bill repealing the ACA Individual Mandate (the tax on individuals who are not enrolled in health insurance.) This means that the individual who shared responsibility payment (the tax penalty you owe for failing to purchase health insurance) was repealed. Which ultimately means that you will not be penalized for going without the minimum health insurance. If you want to explore alternative coverage options for 2019, then you can do so without paying a tax penalty.

So how does this affect you?

• No individual penalties for 2019
• Higher health insurance premium is predicted due to loss of customer base.
• Employers 50 or more are still under the employer mandate.
• Foreseeable repeals for the employer mandate effective 2020.

Updated Child Support Withholding Order

Effective August 31, 2018, employers should only be using the revised version of the standard Child Support Withholding Order with an expiration date of August 31, 2020. To learn more about the new version, contact the Office of Child Support Enforcement Services (OCSE).

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