A salary history is a document that lists your past earnings. What if the employer is really persistent? As noted above, many states are moving towards banning salary history questions altogether. May an applicant voluntarily disclose salary history information to a prospective employer? External web sites operate at the direction of their respective owners who should be contacted directly with questions regarding the content of these sites. It also forbids the city from relying on pay history in the employment process, unless the applicant volunteered the information. Complaints may be initiated with the PCHR within 300 days of the alleged violation. The New York City ordinance allows discussions between the prospective employer and the applicant about expectations concerning desired compensation. The Labor Law permits an applicant to voluntarily disclose their salary history information to a prospective employer, for example, to justify a higher salary or wage, as long as it is being done without prompting from the prospective employer. You may not feel comfortable naming your price, especially early in the process. However, employers may consider information already in their possession for existing employees (i.e. May an employer ask someone other than the employee or applicant about the employee or applicants prior salary history? This includes part-time, seasonal and temporary workers, regardless of their immigration status. Effective September 4, 2018 under Pennsylvania Law, State agencies may not ask about a job applicant's current compensation or compensation history at any stage during the hiring process. For example, if a company has 50 men of the same race, who do similar work for a similar amount of money, then they would be grouped together. Employers may, however, ask for an applicants salary expectations. Effective December 14, 2017,Delawarelaw prohibits employers from screening job applicants based on their pay histories, including by requiring their prior pay meet a minimum or maximum criteria, or by finding out the applicants pay history from their current or former employers. Employers can legally ask you to state your salary requirements or expectations. Why do many people choose not to disclose their previous salary? The job description doesn't contain a salary range. For more information about disclosing your salary, read below. Check with yourstate department of laborfor the latest information on this issue, as well as on the laws that apply in your city and state. The new law goes into effect January 1, 2023. If you know your last job underpaid you from looking at your fair market value, dont hesitate to bring that up to your potential employer.
Declining to disclose your previous salary could result in losing the job opportunity. Effective July 26, 2018, according to Kansas City law, the city may not ask applicants for their pay history until they have been hired at an agreed-upon salary.Effective October 31, 2019, a Kansas City ordinance prohibits employers from asking applicants about their pay histories. In the form, employers are required to disclose the race-ethnicity, gender and job category of their employees. Employers with 15 or more employees, upon request of the applicant and after extending an offer to the applicant, must provide information about the minimum salary for the position for which the applicant is applying.Washington, D.C.Effective November 17, 2017, according to district policy, the D.C. Government is prohibited from asking applicants for their pay histories unless it is volunteered by the applicant after an offer of employment has been made.WisconsinEffective April 18, 2018, under Wisconsin law, local governments are forbidden from prohibiting employers from soliciting applicants pay histories. Effective December 17,2019, under local law, all employers and employment agencies in Albany county are barred from requesting information about past compensation and benefits until after a job offer is made. That may help keep you in the running for the position and will give you more options whennegotiating compensationlater on if you get ajob offer. They may, however, confirm that information if the applicant voluntarily discloses it or if an offer has been extended.The pay history ban applies to all employers in the state. 2018 Petabit Scale, All Rights Reserved. Be prepared for this question to lead to being asked what your expectations are. Yes, in most states and cities, but this is quickly changing.The level of restrictions varies from state to state. Additionally, while applicants may be asked generally about whether their previous employer had stock options or other equity incentives, employers cannot ask for the specific values of these benefits.
Yes. Visit sites like Payscale.com, Glassdoor.com, Indeed.com, and Salary.com to get more information. They also may not ask a current or prior employer or search public records databases to ascertain an applicant's current or previous salary. The EEO-1 is a form from the Equal Employment Opportunity Commission (EEOC) which employers with at least 100 employees and government contractors with at least 50 employees must fill out each year. The law applies to all agencies and departments over which the governor has executive authority, and all public benefit corporations, public authorities, boards and commission for which the governor appoints the chair, the chief executive or the majority of board members, except for the Port Authority of New York and New Jersey. Headhunters and human resources professionals are well versed in this area and can catch you in your lie. Employers are urged to provide this information in job postings. 8. If the job listing doesn't mention it, don't offer any salary information at all. Effective January 25,2017, by Executive Order, New Orleans now prohibits city agencies from asking for applicants salary histories. Effective June 30,2019, under Suffolk County law, employers and employment agencies in Suffolk county may not ask, whether on an application or otherwise, about a job applicant's wage or salary history, including compensation and benefits. The ordinance allows the applicant his or her prospective employer to participate in pre-employment compensation negotiations. 10. An employer, however, is prohibited from relying on prior salary to justify a pay difference between employees of different or various protected classes who are performing substantially similar work as this violates Section 194 of the Labor Law. What are some polite ways of avoiding answering questions about my salary history? Effective January 1, 2020, New Jersey state lawprohibits employers from screening applicants based on their pay history. It is for workers, employers, advocates, policymakers, journalists, and anyone else who wants to understand, protect, and strengthen workers rights.More about Workplace Fairness. You may be tempted to exaggerate during salary negotiations, but it would be in your best interest not to. Is an applicant protected from retaliation for complaining about a potential violation or refusing to provide their salary history? 1.
Cover Letter Example With Salary Requirements. Is it okay to lie about my salary history? However, the applicant may voluntarily tell the employer that information. Effective January 1,2019, under Connecticut law, employers may not ask about an applicant's pay history, unless it was voluntarily disclosed.
However you choose to respond, note that your salary requirements are flexible. The county must not retaliate or refuse to hire an applicant for the applicant's refusal to disclose their salary history. After an offer of employment that includes an explanation of the overall compensation package has been made to the applicant, an employer may request the applicant provide the employer a written authorization to confirm pay history. Effective April 10,2018, by Executive Order, city departments of Chicago, Illinois may not ask for applicants salary histories. If the applicant voluntarily tells the employer this information, the employer may verify it and consider it in determining the applicants salary, benefits, and other compensation. While Massachusetts will not allow the employer to seek the applicants pay history from the applicant or any of his or her current or former employers, the law does allow the applicant to voluntarily discuss his or her pay information. If an employer does learn about an applicants pay history, the employer cannot use that information to determine wages. Thelaw applies to all employers in the state of Maine. We've updated our Privacy Policy, which will go in to effect on September 1, 2022. restrict employers from requesting information, example of a cover letter including salary requirements, How To Determine What Your Asking Salary Should Be. There are a few ways you can include your salary history: Review thisexample of a cover letter including salary requirements, along with a free template to download.
Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site. There's no need to make an issue out of something that may not be one. How is the law enforced and what is an employees right of redress? During your job search, someone may ask you for your salary history. While this ordinance does not apply to private employers, the city will encourage vendors who do business with the city to adopt similar standards, and it may factor in vendors' pay history standards in the process of determining whether to award city contracts. Do employers have to report pay data to the public or any government agency? If the employer asks you to include your salary requirement in a different way (for example, in your resume), be sure to do so. While the prohibited scope of wage history is rather broad, employers can still ask about a candidates pay expectationsr.This ordinance is enforced by the Philadelphia Commission on Human Relations (PCHR). If the employer gives specific instructions on how to provide salary requirements, follow those guidelines. She has given hundreds of interviews on the topic for outlets including The New York Times, BBC News, and LinkedIn. Employers may not seek or obtain such information from a separate source of the information, such as by asking an applicants former employer. The law will apply to employers with 15 or more employees located within the city, including job placement and referral agencies. 
What should an applicant do if they believe they have been retaliated against for refusing to provide salary history information? An applicant who believes that they have been retaliated against should contact the Department of Labors Division of Labor Standards: Phone: 888-525-2267 E-mail: [emailprotected]. For example, an employer should eliminate questions seeking an applicants current or past salary from all job applications, unless required by law. The county may rely on salary history voluntarily disclosed by an applicant to offer the applicant a higher wage than initially offered if this does not result in unequal pay for equal work based on gender. Ideally, you want the prospective employer to bring up the topic of compensation first. There is nothing employers like less than candidates not following the instructions in the job posting. a current employees current salary or benefits being paid by that employer). MarylandEffective October 1, 2020, under Maryland law, employers are prohibited from inquiring about an applicants pay history. 7. This law does not apply to current employees who want to transfer to another position. Additionally, it is prohibited to set an applicants pay based on their current or past compensation. The law applies to all employers in the state of New Jersey. For example, if he or she says to give a specific dollar amount (rather than a range), do so.
Do I have to answer questions about my previous salary? The law will apply to all employers located within the city that employ 15 or more employees, including referral and employment agencies, as well as the city. States and localities that have passed laws on salary history are listed here. Effective July 1, 2018,San FranciscosParity in Pay Ordinance will prohibit hiring managers from asking about a job applicants salary history and prohibit hiring managers from relying on pay history information as a factor in determining whether to hire the employee. "Employers Adjust to Salary History Bans.". Employers cannot even ask an optional salary history question on job applications. Finally, employers may not rely on known salary history information in setting pay. All of these statutes prohibit screening job applicants based on their past and/or currentpayinformation.Please check back regularly as we continue to update our page with new laws and statutes regarding salary history disclosure and as laws begin to go into effect. The law also prevents employers from prohibiting employees from disclosing or discussing their wages as a term of employment. Employers may not screen applicants based on their previous wages and cannot require that applicants prior wages meet minimum or maximum criteria. The expanded EEO-1 form would require employers to categorize their employees by gender, race, type of work, and place them into one of twelve wage brackets. 
