November 14, 2018

November 13, 2018

Subscribe to Latest Legal News and Analysis

November 12, 2018

Subscribe to Latest Legal News and Analysis

Connecticut Enacts Salary History Inquiry Law

Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process.  The law will take effect on January 1, 2019.

Under the law, employers will be prohibited from inquiring or directing a third party to inquire about a prospective employee’s wage history, unless the prospective employee has voluntarily disclosed such information.  For purposes of the law, “wages” are defined as “compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation.”

The law goes on to state that employers will still be permitted to inquire about “other elements of a prospective employee’s compensation structure, as long as such employer does not inquire about the value of the elements of such compensation structure.”  However, the statute does not define the scope of such “other elements” of an applicant’s compensation structure, and it remains to be seen whether further regulations or guidance may be issued that will shed more light on the scope of this provision.

Additionally, the law will not apply to any actions taken by an employer or its agent pursuant to any federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes.

The law provides for a private right of action for aggrieved individuals, with damages that may include compensatory damages, punitive damages, and attorney’s fees and costs.

The Connecticut law comes hot on the heels of Vermont’s recent enactment of a similar law that will take effect on July 1, 2018.

© 2018 Proskauer Rose LLP.

TRENDING LEGAL ANALYSIS


About this Author

Allan Bloom, Trial Lawyer, Proskaeuer
Partner

Allan Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages, employment discrimination, breach of contract and wrongful discharge, both at the trial and appellate court levels as well as in arbitration. He has secured complete defense verdicts for clients in front of juries, as well as injunctions to protect clients’ confidential information and assets.

...
1.212.969.3880
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

212-969-3631