As a reminder, the NYC law prohibiting employers and their agents from inquiring about or relying on an applicant’s salary history goes into effect today.

This means that as of today, employers cannot:

  • Ask for current salary or salary history on an employment application;
  • Ask about an applicant’s current or past salary (including wages, benefits, and other compensation);
  • Ask an applicant’s current or former employer or a staffing or recruiting agency for information related to an applicant’s current or past salary;
  • Search public records or the internet to find or verify an applicant’s current or past salary;
  • Rely on information about an applicant’s current or prior salary to set compensation.

We previously wrote about the new law here and here. If you have any questions, do not hesitate to reach out to your employment counsel for further guidance.

California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect last week and it becomes effective on January 1, 2018.

Continue Reading California Bans Salary History Inquiries

Beginning on October 31st, New York City employers will be prohibited from inquiring about or relying on salary history during the hiring process. As a reminder, this ban makes it an unlawful discriminatory practice for an employer, employment agency, or employee or agent of the employer to: (1) inquire about the salary history of an applicant; or (2) rely on salary history of an applicant to determine salary, benefits, or other compensation for such applicant during the hiring process. Employers should revise their hiring processes in order to comply with the new law as soon as possible.

Recently, the New York City Commission on Human Rights released guidance regarding the ban on salary history inquiries in the form of two “Fact Sheets.”  Both Fact Sheets answer the same questions, one from the perspective of employers, the other from the perspective of job applicants. The Fact Sheet for Employers provides the following questions and answers:

Continue Reading Reminder: New York City Ban on Salary History Inquiries Takes Effect October 31st

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with respect to salary history disclosure laws. This is a rapidly advancing area of the law in which we continue to see new developments.

Continue Reading Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

March Madness isn’t the only thing we are excited about over here at Employment Matters. Right on the heels of the tournament, we will be hosting our annual Employment Law Summit. One of the issues my colleague Andrew Bernstein will address with a panel of key players is pay equity. No, not play equity – pay equity.

Continue Reading Mintz Levin 3rd Annual Employment Law Summit – Advancing the Ball on Pay Equity

My colleague Jessica Catlow was quoted in the SHRM article, Is Banning Salary History Discussions a Game Changer? in which she analyzes a recent Massachusetts law that prohibits employers from asking job applicants about their salary history. Catlow highlights the law’s impact on the way women negotiate salary during the hiring process. The article provides an overview of the law and examines the likelihood of a nationwide ban on pre-hire salary questions.

 

We have co-authored an alert with our affiliate government relations consulting group, ML Strategies entitled, “Massachusetts State Legislature Takes Action on Major Employment Reform as Legislative Session Ends”, which addresses key legislation concerning pay equity, transgender anti-discrimination, non-compete agreement reform, credit checks reform and wage theft. The alert provides a review of the new laws and their implications for employers.