December 14, 2017

December 14, 2017

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December 11, 2017

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Delaware Bans Compensation History Inquiries

On June 14, 2017, Delaware Governor John Carney signed into law a bill that amends Delaware’s Code relating to unlawful employment practices to prohibit employers from (i) engaging in salary-based screening of prospective employees where prior compensation must satisfy certain minimum or maximum criteria or (ii) seeking the compensation history of a prospective employee from the prospective employee or a current or former employer (the “Law”). Under the Law, “compensation” is defined broadly to include wages, benefits, or other compensation.

Similar to the New York City salary history ban, employers are not prohibited from discussing and negotiating salary expectations, so long as employers avoid asking for a prospective employee’s compensation history. Additionally, after an employment offer has been made and accepted, and compensation terms have been extended and accepted, the Law allows for the confirmation of a prospective employee’s compensation history. Any such compensation confirmation must be authorized by the employee in writing.

The Law adds to a growing wave of bans on compensation history inquiries. Similar restrictions have been enacted in Massachusetts (eff. July 1, 2018), Oregon (eff. October 9, 2017) and Puerto Rico (eff. March 8, 2018), as well as in New York City (eff. October 31, 2017), Philadelphia, and most recently, San Francisco (eff. July 1, 2018). Philadelphia’s pay history ban was supposed to take effect May 23, 2017, but the City delayed its enforcement in light of a legal challenge by the Chamber of Commerce for Greater Philadelphia. The law is not yet being enforced by the City.

©2017 Epstein Becker & Green, P.C. All rights reserved.

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About this Author

Nancy Gunzenhauser, Labor Employment Attorney, Epstein Becker Law FIrm
Associate

NANCY L. GUNZENHAUSER is an Associate in the Labor and Employment practice, in the New York office of Epstein Becker Green.

Ms. Gunzenhauser:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations...
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Law Clerk

JUDAH L. ROSENBLATT is a Law Clerk—Admission Pending—in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Mr. Rosenblatt:

  • Assists in defending clients in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, breach of contract, retaliation, and wage and hour disputes

  • Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices

  • Drafts and assists in negotiating employment agreements, severance agreements, settlement agreements, and confidentiality agreements

  • Helps represent management in labor-related matters, including arbitration, the defense of unfair labor practice charges, and collective bargaining negotiations

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