STATE AND LOCAL SALARY HISTORY BAN LAWS (as of May …

1 STATE AND LOCAL SALARY HISTORY BAN laws (as of May 2018) Please note that while the information contained herein is up-to-date and accurate to the best of our knowledge, CWC cannot guarantee that every applicable STATE or LOCAL law or applicable provision of STATE or LOCAL law has been identified and summarized. Accordingly, we recommend that you check the law of the particular STATE in which you have an interest to ensure compliance. Jurisdiction Overview of Law Link to Statute Effective Date Safe Harbor? Unique Provisions California Employers prohibited from seeking an applicant s SALARY HISTORY information, including compensation and benefits Employers prohibited from relying on an applicant s SALARY HISTORY information as a factor in determining whether to offer employment or what SALARY to offer If an applicant voluntarily and without prompting discloses SALARY HISTORY information, employers may consider the SALARY HISTORY information in determining SALARY for that applicant Nothing in this section allows prior SALARY , by itself.

2 To justify any disparity in compensation 168 1/1/18 No Employer must provide applicant with pay scale for the position if reasonably requested Connecticut Employers prohibited from inquiring about a prospective employee s wage and SALARY information unless the employee has voluntarily disclosed such information. Employer permitted to inquire about other elements of a prospective employee's compensation structure, as long as such employer does not inquire about the value of the elements of such compensation structure HB 5386 01/01/19 No Delaware Employers prohibited from seeking an applicant s current or prior SALARY information and also prohibited from screening applicants based on compensation HISTORY . Employers can seek SALARY HISTORY after an offer (including compensation terms) has been made and accepted by the applicant, for the sole purpose of confirming the applicant s prior compensation.

3 Employers are explicitly permitted to discuss and negotiate SALARY expectations, so long as the employer avoids asking for the applicant's compensation HISTORY House Bill 1 12/14/17 No Employers have a defense to liability when a third party agent such as a staffing agency seeks prior SALARY information from a job applicant, if the prospective employer informed the third party of the ban and demanded compliance. Massachusetts Employers prohibited from seeking the wage or SALARY HISTORY of a prospective employee from the candidate directly, or from his or her current or former employer, and also prohibited from screening applicants based on prior wages. Employers prohibited from requiring that an applicant s prior SALARY meet certain criteria. Employers permitted to confirm prior SALARY if after an offer of employment with compensation has been negotiated and made to the prospective employee, so long as prior authorization is obtained.

4 Employers barred from preventing an employee from inquiring about, discussing, or disclosing information about either the employee s own wages or about any other employee s wages. Act to Establish Pay Equity 7/1/18 Yes, employer has a complete defense to liability for pay discrimination where the employer, in the three years preceding suit, has: (1) completed a self-evaluation of its pay practices in good faith ; and (2) can demonstrate that reasonable progress has been made in eliminating gender-based wage disparities for comparable work. Oregon Employers prohibited from seeking an applicant s prior SALARY information and cannot screen job applicants based on current or past compensation. Employers cannot factor in prior SALARY when determining compensation for a new hire. Employers permitted to confirm prior compensation after an offer of employment is made that includes compensation terms, so long as prior authorization is obtained Prohibitions do not apply to current employees of the employer who are applying for another job within the company.

5 Oregon Equal Pay Act of 2017 10/6/17 Yes, limited safe harbor if employers conduct reasonable pay equity analysis within three years before the date that an employee files an action; protects employers from compensatory and punitive damages but not back pay, costs and attorney fees. Puerto Rico Employers prohibited from inquiring into an applicant s SALARY HISTORY , unless: 1) the applicant volunteered such information; or 2) a SALARY was already negotiated with the applicant and an offer of employment was made. Employers cannot prohibit employees or applicants from discussing SALARY information with one another. Puerto Rico Equal Pay Act 3/8/17 but no liability until 3/8/18 Yes, employer has affirmative defense if it has engaged in a self-evaluation of pay practices and has made reasonable progress toward eliminating gender pay differentials.

6 Vermont Employers prohibited from inquiring about a prospective employee s current or past compensation. Employers prohibited from requiring that a prospective employee s current or past compensation satisfy minimum or maximum criteria. If a prospective employee voluntarily discloses SALARY HISTORY information, then an employer can, after making an offer of employment with compensation terms, seek to confirm the SALARY HISTORY information. Employers are explicitly permitted to inquire about a prospective employee s SALARY expectations. H. 294 07/01/18 No Albany Employers are prohibited from screening applicants based on current wages and SALARY HISTORY , which includes benefits and other compensation. Employers cannot require an applicant s SALARY HISTORY meet a specific minimum or maximum criteria.

7 Employers are prohibited from requesting that an applicant disclose wages or SALARY HISTORY at any time during the interview process. Employers are prohibiting from asking an applicant s current or former employer(s) for SALARY HISTORY information. However, once an offer is made an employer can confirm prior wages with a written authorization. LOCAL Law No. P (2016) 12/17/17 No SALARY HISTORY includes not only an applicant s current or prior wage, but also benefits and any other form of compensation he or she may have received. New York City Employers in the city are prohibited from making any SALARY inquiry of an applicant, or the applicant s current or former employer, or a current or former employee or agent of the applicant s current or prior employer. Employers generally are prohibited from considering an applicant s SALARY HISTORY in determining compensation for that applicant.

8 However, if an applicant voluntarily and without prompting provides SALARY HISTORY , then this information can be used to determine compensation, and the employer is permitted to verify the information. Employers prohibited from conducting any form of search through publicly available information for a prospective employee s SALARY HISTORY . Employers are explicitly permitted without Section 8-107(25) of the Admin Code of the City of New York 10/31/17 No SALARY HISTORY includes not only an applicant s current or prior wage, but also benefits and any other form of compensation he or she may have received. inquiring about SALARY HISTORY , to engage in discussions with applicants about their expectations with respect to SALARY , benefits, and other compensation. This includes but is not limited to discussions about unvested equity or deferred compensation that an applicant would forfeit or have cancelled by virtue of the applicant s resignation from his or her current employer.

9 Employers also can inquire about objective measures of the applicant s prior productivity, such as revenue, sales, or other production reports. Philadelphia Employers prohibited from inquiring about a prospective employee s wage HISTORY , requiring disclosure of wage HISTORY , or conditioning employment or consideration for an interview or employment on disclosure of wage HISTORY Employers cannot rely on the wage HISTORY from the prospective employee s current or former employer in making a wage rate determination, unless the applicant knowingly and willingly discloses his or her wage HISTORY to the employer. Philadelphia Fair Practices Ordinance On Hold Pending Litigation, Currently On Appeal To The Third Circuit No San Francisco Employers prohibited from inquiring about prior SALARY information of an applicant that is applying for employment to be performed inside the city or county of San Francisco.

10 Employers prohibited from considering or relying on an applicant s SALARY HISTORY as a factor in determining whether to offer employment to an applicant or what SALARY to offer an applicant. Employer explicitly permitted, without inquiring about SALARY HISTORY , to engage in discussions about applicants expectations with respect to SALARY . If an applicant voluntarily and without prompting discloses prior SALARY , employers may consider the prior SALARY but still may not use the SALARY HISTORY to justify a pay differential between similarly situated employees of different sex, race, or ethnicity. Prohibitions do not apply to current employees of the employer who are applying for another job within the company. Employers explicitly permitted to discuss a job applicant s SALARY expectations without inquiring about SALARY HISTORY , and can discuss past objective measures of the applicant s productivity such as revenue, sales, or other production reports.