Cities and states across the country are passing legislation that prohibit employers from conducting inquiries into prospective employees’ salary histories. The main purpose of salary history bans are to close the wage gap that continues to exist for women and minorities. By prohibiting employers from accessing this information, these employees are better able to negotiate a fair salary.
While historically liberal states have a history of supporting legislation that supports workers’ rights, many conservative states have also started to subscribe to the idea of banning salary inquiries. For example, Maine lawmakers recently passed legislation that would prohibit employers from asking job candidates for information about salary history. The Governor of North Carolina also signed a similar order that would prevent state agencies from using an applicant’s pay history to negotiate a salary offer.
Addressing Pay Gaps
Several states are responding to the current political environment and the lack of federal rules over pay disparities by acting and passing legislation that bans pay history inquiries. In March, the House passed the Paycheck Fairness Act, which would prohibit employers from paying different salaries to similarly qualified individuals unless warranted. It is not yet known whether the bill will pass in the Senate. While these policies may not have an overnight impact on local employers, it should be a wake-up call that employers can expect broader restrictions down the road. Pay fairness has become more of a hot topic of discussion recently. West Virginia, Montana, New Jersey, Washington, and New Hampshire have considered pay history bans during recent legislative sessions.
The following states have banned employers from asking questions about pay history:
- Puerto Rico
The following states have rules for state agency hiring practices:
- New Jersey
- New York
Philadelphia Wage and Hour Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees’ Rights to Fair Pay
If an employer asks for your salary history during an interview, you are urged to contact the Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green P.C. We will protect your legal rights and ensure that you are fairly compensated for the work you do based on your experience and qualifications, not on your salary history. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are in Philadelphia, where we serve clients across southeastern Pennsylvania, South Jersey, and New Jersey.