Category Archives: Hiring/Background Checks
Subscribe to Hiring/Background Checks RSS FeedHawaii Enacts Salary History Inquiry Law
Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or discriminating against employees for, or restricting employees from, disclosing their own wages or discussing and inquiring about the wages of other employees. … Continue Reading
New Hampshire Expands Protections Against Discrimination to Include Gender Identity
New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018. The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or … Continue Reading
Connecticut Enacts Salary History Inquiry Law
Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. The law will take effect on January 1, 2019. Under the law, employers will be prohibited from inquiring or directing a third party to inquire about a prospective employee’s wage history, … Continue Reading
Vermont Enacts Salary History Inquiry Law
Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees. The law will take effect on July 1, 2018. Under the law, employers and their agents will be prohibited from: inquiring about or seeking information regarding a prospective employee’s … Continue Reading
Massachusetts Modifies “Ban the Box” Law
Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018. Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws, outlined below, which will further restrict Massachusetts employers’ … Continue Reading
DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration. The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between … Continue Reading
Westchester County, New York Enacts Salary History Inquiry Law
The Westchester County, NY Board of Legislators has unanimously enacted legislation that will prohibit employers and their agents from relying on, requiring, requesting, or seeking information about a prospective employee’s wage history during the hiring process. The Wage History Anti-Discrimination Law (the “Law”) will become effective on July 9, 2018. The Law amends the Westchester … Continue Reading
Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law
The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be reviewed in full, employers should take note of the following details: Coverage The MEPA and amendments are substantial in scope, covering … Continue Reading
[Podcast]: Laws Governing Background Checks for Employers
Illinois Senate Fails to Override Governor’s Veto of Salary History Ban
Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto of a salary history ban. As we previously reported, on August 25, 2017, Governor Rauner vetoed a bill that would have … Continue Reading
District Court Dismisses Putative FCRA Class Action For Lack Of Standing
The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to pursue her claims. Saltzbreg v. Home Depot, U.S.A., Inc., No. 17-cv-05798 (C.D. Cal. Oct. 18, 2017). The Complaint The plaintiff filed a … Continue Reading
California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading
UPDATED: New York City Commission on Human Rights Publishes FAQ Guidance on NYC Salary History Law
On the heels of its recently issued fact sheets, the NYC Commission on Human Rights (the “Commission”) has published a frequently asked questions page on the New York City salary history inquiry law, which goes into effect on October 31, 2017. The FAQs address a number of details about the law, which restricts the ability … Continue Reading
Fact Sheets for Employers and Applicants Issued on NYC Salary History Inquiry Law
As the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and employer responsibilities, under the new law. The first fact sheet is addressed to job applicants, while the second fact … Continue Reading
Illinois Governor Vetoes Bill That Would Prohibit Employer Inquiry Into Wage History
On August 25, 2017, Illinois Governor Bruce Rauner vetoed a bill that would prohibit employers from asking applicants about their wage histories. The bill, known as the Illinois No Salary History Law, previously had been passed by the Illinois House and Senate with overwhelming bipartisan support (91-24 in the House and 35-18 in the Senate). The … Continue Reading
Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares
UPDATE: Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now
A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring process. As we previously reported, the Chamber of Commerce for Greater Philadelphia (the “Chamber”) sought to enjoin the new city law in April 2017, … Continue Reading
[Podcast] The Proskauer Brief: New York City’s New Salary History Law
New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions
In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a covered employer may extend beyond a worker’s direct employer to also include entities that exercise “order and control” … Continue Reading
Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History
New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The law will take effect on October 31, 2017. As we previously reported, the law prohibits employers, employment … Continue Reading
Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge
Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. As we previously reported, the law was scheduled to take effect on May 23, 2017. However, on April 6, 2017, the Chamber of Commerce for Greater Philadelphia … Continue Reading
New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History
The New York City Council has approved a bill that would make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The bill now goes before Mayor Bill de Blasio and, if signed, will become effective 180 days following signature. As we previously … Continue Reading
