Salary History: 50-State Chart, FAQs and More Added
Author: David B. Weisenfeld, XpertHR Legal Editor
One of the most notable new employment law trends involves the advent of state and municipal laws that prohibit employers from asking salary history questions. The rationale behind these laws is that if employers are restricted from asking salary history questions, then applicants who may have been underpaid in the past for discriminatory reasons will not have their compensation history used against them.
Reflecting this trend, XpertHR has added a host of resources to help employers comply with these developments. These resources include:
- Do all of the salary history inquiry laws have the same restrictions?
- May an employer verify a selected applicant's salary history after making a job offer?
- May an employer ask a job applicant about salary expectations if it is located in a jurisdiction that prohibits salary history questions?
- May an employer consider a job applicant's salary history if the applicant voluntarily discloses it?
- May an employer ask a job applicant about measures of productivity, such as sales history or billable hours, without violating salary history laws?
- May an employer conduct a public records search, such as on the Internet, to seek an applicant's salary history?
In addition, XpertHR has a recent podcast featuring this issue, "Why Salary History Bans Are on the Rise." Other existing resources have also been updated in light of the growing number of salary history inquiry prohibitions at the state and municipal levels.