Tag Archives: salary history

Is Salary History Becoming History? Tackling The New Trend

Many states and cities have now passed laws prohibiting employers from discussing candidates’ salary histories and from relying upon prior compensation in hiring. These so-called “salary history ban” laws may all contain the same general prohibition, but each separately addresses – or fails to address – key issues such as: (1) what happens when a candidate “voluntarily discloses” prior pay – and how “voluntary disclosure” is defined; (2) whether other related questions, such as salary expectations, are off limits or expressly permitted; (3) whether post-offer verification is permissible; and (4) whether questions about vested benefits and compensation that could be forfeited may be permissible. As the trend continues to build steam, employers need to assess how to assess compensation and hiring practices in a world in which salary history is becoming history.

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