Showing Posts In "Salary History Checking" Category





California Provides Guidance Regarding Its Salary History Ban

In January, Californias salary history ban (A.B. 168) went into effect, which prohibits employers from seeking salary history information from an applicant. Employers also are prohibited from relying on an applicants prior salary history as a factor in determining whether to offer employment or what salary to offer an applicant. In July, Gov. Jerry Brown […]


More States and Cities Move Ahead of the Courts by Prohibiting the Use of Prior Salary Information in Hiring

Like the Ban the Box initiative that includes 31 states, the District of Columbia and more than 150 cities and counties, a number of states in the last year have passed laws that prohibit employers from obtaining past income and salary information from applicants. Some would argue that the pay disparity was fixed by the […]


Asking a Job Applicant Previous Pay May Violate the Equal Pay Act

The United States Court of Appeals for the Ninth Circuit recently enacted a law that prior pay cannot be used to justify wage differentials between employees under the Equal Pay Act of 1963 (EPA). There are four exceptions to the rule, however: an employers use of a seniority system, an employers use of a merit […]


Hawaii Prohibits Employers from Asking Job Applicants About Salary History

Hawaii Governor David Y. Ige recently signed Senate Bill 2351 into law, which will prohibit prospective employees in the state from requesting or considering the wage or salary history of job applicants as part of an employment application process or compensation offer. The law will take effect Jan. 1, 2019. Read more


Asking Applicants About Salary History Now Banned in Massachusetts and Vermont, Connecticut to Follow

Massachusetts and Vermont now will prohibit employers from inquiring into or seeking prospective employees salary history. Connecticut soon will follow, while Maine, New Hampshire and Rhode Island are considering similar measures. In addition to the prohibition, the two states will not allow employers from requiring that an applicants current or prior salary history meet certain […]


To Boost Gender Pay Equity, Chicagos Emanuel Bans City Departments from Asking Job Applicants for Salary History

As part of a growing effort nationwide to improve pay equality between men and women, applicants for jobs in Chicago can no longer be asked about their salary history. An executive order recently signed by Mayor Rahm Emanuel comes as Illinois lawmakers consider two competing pieces of legislation that aim to close the wage gap […]


Appeals Court Says Prior Salary Doesnt Justify Pay Differences

Federal appeals court recently ruled that an employees salary history is insufficient to justify pay differences between male and female employees. The Equal Pay Act, adopted in 1963, requires employers to pay men and women the same salary for equal work, but it does provide four exceptions: a seniority system, a merit system, a system […]


Swimming Against the Tide, Michigan Forbids Salary History Bans Statewide

Michigans governor recently signed a bill that forbids localities from adopting salary history bans. The Bill, Senate Bill 353, prohibits local governments from adopting rules regulating the information that an employer or potential employer must request or exclude on an application for employment or during an interview process. While the Michigan Chamber of Commerce and […]


Salary History Question Off Limits on Job Applications: What Should Employers Do to Stay Compliant?

California recently joined a growing number of cities and states to pass a law that bans salary history questions. Prompted by concerns about gender- and race-based wage discrimination, the law is designed to prevent employers from using past compensation as a basis for current salary and benefits negotiations with job applicants. According to the U.S. […]


Californias Salary History Ban Answers to Frequently Asked Questions

As of January 2018, California employees are required to comply with California Labor Code Section 432.3, which prohibits employers from asking job applicants about their salary histories, including compensation and benefits, both personally and through an agent. Applicants may still voluntarily and without prompting disclose their own salary history information. Employers are not prohibited from […]




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