Law and the Workplace

Tag Archives: salary history

New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during the hiring process. The new law, which will take effect on January 1, 2020, will make it an unlawful employment practice for any … Continue Reading

Toledo, Ohio Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which is scheduled to take effect on June 25, 2020, will apply to employers with fifteen or more employees in Toledo, and will prohibit such employers and their … Continue Reading

New York State to Enact Ban on Salary History Inquiries

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading

Kansas City, Missouri Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which takes effect on October 31, 2019, will apply to employers in Kansas City with six or more employees, and will prohibit such … Continue Reading

Washington State Legislature Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has … Continue Reading

Hawaii Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
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

Connecticut Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
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

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Paying WagesVermont 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

Westchester County, New York Enacts Salary History Inquiry Law

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
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

By Laura Franks, Mark W. Batten and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
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

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

By Alex Weinstein, Connie Bertram and Emilie Adams on Posted in Hiring/Background Checks
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

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

By Tony Oncidi and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
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

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
NYC Commission on Human RightsOn 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

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
NYC Commission on Human RightsAs 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

By Alex Weinstein and Steven J. Pearlman on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
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

UPDATE: Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now

By Allan Bloom and Laura Fant on Posted in Hiring/Background Checks
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

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

By Arielle E. Kobetz, Laura Fant and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
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

Philadelphia The Latest To Restrict Employer Inquiries Into Applicants’ Salary History

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Job ApplicationThe City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process.  The law, which amends the city’s current Fair Practices Ordinance, will take effect on May 23, 2017. The ordinance states that—absent a federal, state, or local law specifically authorizing the … Continue Reading
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