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Salary History Ban Laws: What You Can and Cannot Ask

OnDemand Webinar (88 minutes)

Gain a better understanding of key issues with salary disputes within history.

Many jurisdictions across the country have now passed laws governing whether employers may ask job applicants about their prior compensation history during the hiring process. And it can seem like every few weeks another jurisdiction passes a new salary history ban. Some laws may even restrict such inquiries after a conditional offer, and other laws require employers to affirmatively disclose to applicants compensation information about the job. The laws generally do not have the same wording or cover all of the same topics, leaving employers guessing about how each jurisdiction may treat complex issues. For instance, many of the laws leave employers in quandary about what to do when an applicant volunteers that they earned more at a prior company to negotiate a better compensation package, what it even means for an applicant to volunteer prior salary information, or how an employer should handle obtaining information about vested compensation an applicant may be forfeiting to join a new company. Ultimately, these laws form a confusing patchwork that can be difficult for employers to track and navigate. In this material, William J. Simmons and Martha Keon, attorneys at the national employment law firm of Littler Mendelson, P.C. will guide attendees through the nuances of each law that has been passed to date, and provide guidance on approaches companies can take to have a 50-state policy on this issue.


Martha J. Keon, Littler Mendelson, P.C. William J. Simmons, Littler Mendelson, P.C.


How the Laws Define Prohibited Salary History Inquiries

Where Salary History Inquiries Are Permitted After Conditional Offer and the Proper Scope of Such Inquiries

Working With Vendors and Third-Parties, Such as Recruiters and Staffing Agencies, to Comply With the Laws

Addressing Applicant Requests for Compensation Disclosures

Exceptions to the Prohibitions of the Laws