Showing Posts In "Salary History Checking" Category

New York State Approves Expanded Protections for Employees and Applicants: Salary History Inquiry Ban

New York state passed a bill that would prohibit employers from asking job applicants and employees about their wage or salary history. Governor Cuomo is expected to sign the bill, which would become effective after 180 days. Specifically, the legislation would make it unlawful to rely on an applicant’s wage or salary history in determining […]

Background Screening Gets Even Harder

The regulatory trend of pay-equity laws prevents employers from asking about candidates’ prior salary history in an effort to eliminate gender-based salary disparities. Both pay-equity and Ban the Box laws have noble goals, but Dawn Standerwick, vice president of strategic growth for Employment Screening Resources, said the implementations have been complex. For one, understanding the […]

Cincinnati Bans Salary History Inquiries

Employers in Ohio now are prohibited from asking applicants about their salary history or current earnings. The “Prohibited Salary History Inquiry and Use” is intended to address the city’s view that using past salaries to set pay for a new hire can “perpetuate existing discrimination against women in the workforce.” Excluded from the measure are […]

South Carolina Legislators Propose Pay Equity Law

Bills introduced in both houses of the General Assembly aim to allow applicants and employees to sue employers for unequal pay. The Act to Establish Pay Equity (S.372 and H.3615), proposed and supported by the South Carolina Women’s Rights and Empowerment Network, would require equal pay across all protected classes. The legislation would prohibit employers […]

The Use of Salary History Still Up in the Air in the Ninth Circuit

Although last year, the Ninth Circuit joined the Tenth and Eleventh circuits in holding that the Equal Pay Act precludes employers from relying solely on prior salary to justify pay differences, the Seventh and Eighth Circuits still hold that such reliance does not by itself violate the Equal Pay Act (EPA). The Supreme Court on […]

Burrows: Employee Pay History – Avoid the Temptation

Meagen Burrows, guest columnist for The Journal Record, understands that setting an employee’s salary can be a challenge. But she warns against inadvertently setting oneself up for a claim of wage discrimination in violation of the Equal Pay Act of 1963 (EPA) if pay history data is used. She states that, “even if pay history […]

Maine Enacts Pay Equality Law Banning Salary History Inquiries

Maine has become the eighth state to enact a salary history ban that prohibits employers from asking job applicants about their salary histories and broadens existing wage transparency requirements. Legislative Document (L.D.) 278 (An Act Regarding Pay Equality) specifically not only restricts employers from asking about compensation history until after a job offer has been […]

Cincinnati, Ohio Passes Ban on Salary History Inquiries

Cincinnati, Ohio, has passed a law that prohibits employers from asking job applicants for their salary history. The Prohibited Salary History Inquiry and Use Ordinance provides that employers must not: inquire about an applicant’s salary history or request reports or other information to determine or verify salary history; screen job applicants based on their current […]

Rethinking Pay Equity: Overcoming the Impact of Prior Salary Information 

The Bureau of Labor Statistics has reported that the average woman made 80 percent of the average man’s earnings in the fourth quarter of 2018. Many state and local governments are taking action to help narrow the pay gap, such as the restriction of requesting or relying on prior salary information during the hiring process. […]

New Suffolk County, NY, Bill Bans Inquiry into Salary History

Suffolk County has become the latest New York Jurisdiction to pass a bill that prevents employers from inquiring into the salary and benefits history of job applicants. Intended to establish pay equality and “break the cycle of wage discrimination,” the Restricting Information on Salaries and Earnings Act (RISE Act) will go into effect on or […]

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