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.
Listen to this livestream to learn:
- Which jurisdictions have passed “salary history ban” laws to date and which jurisdictions may be next on the horizon
- Key differences between the passed laws
- An overview of how overlapping pay equity laws may influence interpretation of salary history ban laws
- Practical steps for “50 state compliance,” including working with related third-parties such as recruiting vendors, headhunters, and consumer reporting agencies.
HOST: Elliot Clark, CEO, SharedXpertise, HRO Today Magazine
FEATURED SPEAKER: William J. Simmons, Shareholder, Littler
Bill has represented employers in a wide variety of labor and employment matters, ranging from nationwide wage and hour class and collective actions to individual lawsuits. A large portion of Bill’s practice now concerns compliance with the array of laws governing background checks in hiring.