Showing Posts In "Salary History Checking" Category

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 […]

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 […]

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