Which States Have Salary History Bans?
California (Read more »)
Effective January 1, 2018
This bill applies to employers, including state and local government employers, and third parties acting on behalf of an employer. Employers are prohibited from seeking an applicant’s salary history in any manner, including compensation, monetary bonuses and benefits. The applicable parties are also prohibited from using an applicant’s salary history as a determining factor in whether to offer employment.
Employers are also required to provide the applicant with a pay scale for the role, “upon reasonable request.”
Applicants may voluntarily provide salary history to an employer. If voluntarily provided, employers can consider that information to determine salary for that applicant.
Delaware (Read more»)
Effective December, 14, 2017
This applies to employers and third parties acting on behalf of an employer. Applicable parties are prohibited from screening applicants based on their past salary history, including “requiring that an applicant’s prior compensation satisfy minimum or maximum criteria.” Employers are also not allowed to request the compensation history of an applicant from their current or former employer.
Employers and applicants can still discuss and negotiate compensation expectations provided that the applicant’s compensation history is not requested. Once an offer has been extended and accepted by the applicant, employers may request salary history for the sole purpose of confirmation.
Massachusetts (Read more »)
Effective July 1, 2018
Employers are not allowed to request the salary history of a prospective employee from the candidate or from their current or former employer(s). Employers also cannot require that a prospective employee’s previous salary meet a certain criteria for consideration.
However, prospective employees can voluntarily disclose their salary history, and an employer may request or confirm a candidate’s salary history after an offer of employment with compensation has been negotiated and extended.
New Jersey (Read more »)
Effective February 1, 2018
This bill prevents State entities from inquiring about an applicant’s current or previous salary whether directly from the applicant or indirectly from a previous employer or public records. State entities are also required to take reasonable efforts to avoid obtaining information about a candidate’s salary history. If obtained, the information cannot be used in an employment decision.
Job applicants can voluntarily disclose their compensation history, but their refusal to share cannot factor into an employment decision.
State entities can request or verify salary history only if the applicant voluntarily provides the information or if required by law, only after a conditional offer of employment, including a defined compensation package, is made.
New York (Read more »)
Effective January 9, 2017
State entities are not permitted to ask or require an applicant to provide their compensation history, until a conditional offer is extended which includes compensation. At that time, a State entity may request or verify compensation history.
If a State has knowledge of an applicant’s previous compensation, that information may not be used to determine future salary, unless required by law or a collective bargaining agreement.
Oregon (Read more »)
Effective January 9, 2017
Employers are not permitted to screen job applicants based on compensation history or determine compensation for a position based on prospective employee’s previous compensation history. Employers are also not allowed to seek the salary history of an applicant from the application or the current or previous employer(s).
Employers are permitted to confirm prior compensation only after an offer, including compensation package, is extended to the prospective employee.
Cities / Counties
Albany County, NY (Read more »)
Effective December 17, 2017
This ban prevents employer and employment agencies from screening job applicants based on their previous or current wage and also prevents them from requiring an applicant’s previous compensation satisfy a certain criteria.
Employers and employment agencies cannot require an applicant to disclose their salary history and cannot seek this information from an applicant’s previous or current employer(s) without written consent and only after an offer with compensation has been made.
New York City, NY (Read more »)
Effective October 31, 2017
This law prevents employers from inquiring about a candidate’s current or previous salary whether directly or indirectly from previous employers or through publicly available records. Employers are also not allowed to rely on an applicant’s salary history to determine the salary of the applicant at any time during the hiring process.
However, employers are permitted to share the proposed salary or salary range to prospective employees and discuss salary expectations.
Prospective employees may voluntarily disclose salary history. If voluntarily disclosed, an employer may use that information to determine compensation and may verify the applicant’s salary history.
Philadelphia, PA (Read more »)
Effective TBD
This ordinance is currently being contested by the Chamber of Commerce for Greater Philadelphia. This ordinance will not be in effect until there is a resolution to the injunction.
Pittsburgh, PA (Read more »)
Effective January 9, 2017
The ban prevents any City of Pittsburgh division, department, agency and office from inquiring about or requiring an applicant’s wage history as a condition of employment or consideration for an interview. It also prevents city entities from retaliating against an applicant who refuses to provide this information.
City entities can also not use wage history to negotiate or draft employment contracts, unless the applicant willingly disclosed the information.
San Francisco, CA (Read more »)
Effective July 1, 2018
This ban will prevent all employers in the city from asking job applicant’s current or prior salaries, relying on salary history for the employment decision, and determining compensation when making an offer.
Employers can consider salary history if it is voluntarily provided by the prospective candidate but cannot retaliate against an applicant for refusing to share the information.
This ban also prevents employers from disclosing a past or current employee’s salary without written authorization, unless required by law or collective bargaining agreement.
How to be Compliant
While bans can vary greatly across cities and states, a few simple steps can go a long way to making sure you’re compliant.
- Review and revise all written applications to make sure they exclude requests for salary histories
- Train and educate anyone responsible for hiring about what can and cannot be asked during the hiring process and which information may be used in the hiring decision
- Notify all third parties responsible for recruiting on your behalf about your expectations and requirements regarding salary history
- Review candidate data in your ATS to make sure you are not tracking compensation data, unless allowed within the scope of the law
- Note in your ATS or system of record when a candidate voluntarily provides past compensation information
- Define salary ranges prior to recruiting for a role
—
We try to capture all this information as accurately and quickly as possible. However, mistakes may happen. If you notice something is outdated or incorrect, let me know and I’ll update.
