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Illinois: Amended Act Expands Equal Pay Protection, Bans Salary History Inquiries

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September 29, 2019

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HB 834 amends and expands upon the existing Illinois Equal Pay Act (IEPA), incorporating new, important changes for employers.  The amendments include changes to equal pay provisions, anti-retaliation protections, and a prohibition on salary history inquiries.

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New Jersey: Statewide Salary History Inquiry Ban Implemented, with a Few Twists

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January 1, 2020

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Like Illinois, New Jersey recently jumped into the pool of states implementing legislation banning salary history inquiries.  Beginning January 1, 2020, Bill A1094 will prohibit employers from inquiring into an applicant’s prior salary history (including wages, salary, or benefits), or screen applicants for a job based on a minimum or maximum salary threshold, except under certain circumstances.

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Maine: Salary History Inquiry Ban and Equal Pay Update

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September 17, 2019

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Governor Janet Mills recently signed L.D. 278 prohibiting employer inquiries into the salary history of job applicants until after an offer of employment is made stating “all terms of compensation,” except where federal or state law otherwise requires disclosure or verification of compensation information for employment purposes. Any attempt to directly or indirectly (including through an employment agency) obtain compensation information from a job applicant before an offer of employment has been made, qualifies as unlawful employment discrimination under the Maine Human Rights Act.

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California: New Guidance Regarding the Fair Pay Act and Salary History Inquiry Ban

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January 1, 2019

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AB 2282, the Fair Pay Act Bill, takes effect on January 1, 2019 and clarifies California’s Fair Pay Act and salary history inquiry ban. Under California’s salary history ban, employers are prohibited from taking salary history into account when setting pay rates and are required to provide applicants with a pay scale for the position being applied to upon receipt of reasonable request. The new Bill makes clear that:

Vermont: Bans Salary History Inquiries

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July 1, 2018

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Governor Scott recently signed H. 294 into law prohibiting employers from inquiring or seeking information about job applicants’ compensation history, including base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Employers are also prohibited from requiring a job applicant’s salary history satisfy minimum or maximum criteria as a prerequisite for employment, and from determining whether to interview job applicants based on their current or past compensation.

However, if job applicants voluntarily disclose their salary history, the employer may seek to confirm or request that the applicants confirm their salary history after making an offer of employment. Further, employers are permitted to ask a job applicant about salary expectations.

Action Items

  1. Have hiring managers trained on new requirements.
  2. Revise employment applications and interviewing procedures to eliminate any questions regarding salary history.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

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