On October 1, 2020, a new Maryland law related to compensation will:

  1. prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances; and
  2. require an employer to provide an applicant, upon request, with the wage range for the job applied for.

The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common hiring practice.

California, Oregon, Washington, and Hawaii have statutory bans on inquiring about job applicants’ salary

Pay equity continues to be a complex and evolving issue for employers. Although the Equal Employment Opportunity Commission (“EEOC”) recently ended its Component 2 pay data collection, employers still face substantial challenges and developments relating to pay equity, including state law developments, public pressure, and litigation. This article briefly summarizes some of the recent developments.

Employers beware: New Jersey’s salary history ban, signed this past summer, takes effect on January 1, 2020.  On that date, New Jersey will join several other states (including New York and California) by prohibiting private employers from inquiring about an applicant’s compensation history, including salary, wages, commissions, benefits and other compensation.

The law provides for

Last week, the New York State Legislature passed a bill prohibiting employers from asking about the salary history of prospective and current employees. Aimed at curtailing wage discrimination and pay disparity, the bill applies broadly. The bill, in its current form, applies to all employers along with recruiters or similar entities that connect applicants with

Late last month, California Governor Jerry Brown signed Assembly Bill 2282 (“AB 2282”) into law. The Bill attempts to provide California employers with answers to questions that remained after Assembly Bill 168 (the “Salary History Ban” bill) became law.  As a reminder, AB 168 (1) prohibits California employers from asking job “applicants” for salary history

On April 30, 2018, a Philadelphia federal judge issued an opinion striking down a portion of Philadelphia’s salary history ban. Salary history bans have become increasingly common tools used by various cities and states around the country attempting to combat wage disparities that exist across genders, races, and ethnicities.  The Philadelphia law consists of two