Orrick’s Andrew Livingston Discusses California Legislation and Regulation to Watch in 2018


Orrick’s Andrew Livingston recently spoke with Law360 about California legislation and regulation that will be top of mind in 2018. Andrew noted that California’s new salary history rule introduces a host of potential pitfalls for employers negotiating with job applicants. He added that "it's a little bit of quicksand for the employer. It shifts the balance quite a bit in discussions about compensation. And it limits, obviously, what the employer may do, and it places additional obligations on the employer."

Andrew also noted that those obligations include a provision requiring employers to provide applicants with a pay scale for the relevant position upon request. Employers will have to be more creative about how they determine what pay is appropriate for the position the company is looking to fill.