Salary History

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In addition to digesting OFCCP’s release of a new directive on compensation, government contractors may soon see new regulations around inquiries into and the use of prior salary information.  In conjunction with Equal Pay Day, President Biden signed a new Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay…

Rhode Island Governor Dan McKee has signed into law new protections against pay discrimination. The new law, which goes into effect January 1, 2023, makes it unlawful to pay any employee less than the employees of another race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin…

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices. 

No Inquiries into Salary History. Under the amended EPA, employers and employment agencies may not: 

  • Screen applicants based on their current or prior wage or salary history, including benefits or other

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New Jersey has enacted a new law prohibiting employers from seeking or relying on job applicants’ salary history.

Lieutenant Governor Sheila Oliver (acting on behalf of New Jersey Governor Phil Murphy) has signed legislation that prohibits employers from requesting or relying on a job applicant’s salary history in hiring and pay-setting decisions. The law will…

Once again, the Illinois Legislature is working to pass more aggressive equal pay laws. HB 834 includes not only a pay history ban, but also additional amendments to strengthen pay equity protections and pay transparency provisions.

Pay History

In 2017, and at the end of 2018, former Illinois Governor Bruce Rauner vetoed attempts to prohibit…

Because the judge who authored the ruling died before the decision was issued, the Ninth Circuit erred in counting him as a member of the majority, the U.S. Supreme Court ruled in Yovino v. Rizo, No. 18-272 (Feb. 25, 2019). On this technicality, the Supreme Court vacated the Ninth Circuit ruling that prior salary alone…

First introduced in Congress in 1997, and several times since, the Paycheck Fairness Act is again under consideration by Congress (S. 270/H.R. 7).

If enacted, the bill would attempt to close the gender pay gap by:

  • Implementing a wage history ban
    • With limited exceptions, employers would be prohibited from requesting or relying on the wage

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