New Jersey Restricts Salary History Inquiries
Implementation Date: January 1, 2020
Effective January 1, 2020, New Jersey law restricts an employer from making salary history inquiries and prohibits an employer from:
- Screening job applicants based on their salary history, which includes, prior wages, salaries or benefits; or
- Requiring that an applicant's salary history satisfy any minimum or maximum criteria.
The law also provides that an employer may:
- Use salary history to determine the applicant's salary, benefits and other compensation, and may verify salary history, if an applicant voluntarily and without employer prompting or coercion, provides the employer with salary history; and
- Request written authorization from an applicant to confirm salary history, including the applicant's compensation and benefits, after an offer of employment that includes an explanation of the overall compensation package, has been made to the applicant.
The law contains numerous exceptions.