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NJ to Prohibit Employers from Requesting Salary History from Job Applicants

Effective February, 1, 2020, New Jersey will join other 16 states (AL, CA, CO, CT, DE, HI, IL, ME, MA, MI, NY, NC, OR, PA, VT, WA, & WI) and 17 local governments (San Francisco, Atlanta, Chicago, Louisville, New Orleans, Jackson, MS, Kansas City, MO, New York City, Albany County, NY, Suffolk County, NY, Westchester County, NY, Cincinnati, Philadelphia, Pittsburgh, Richland County, SC, & Salt Lake City) in prohibiting employers from requesting salary history from job applicants.

New Jersey’s recent law prohibits employers from using salary information to screen a job applicant. The law is not applicable to internal candidates or promotions. Further, the new law does not prohibit an employer from considering information from a candidate’s prior employment with it.

Civil penalties for those who break the new law are up to $1,000, for the first offense, $5,000, for a second offense, and $10,000, for any subsequent violations.

This new law follows the enactment of the New Jersey Equal Pay Act, which requires equal compensation for substantially similar work.

Clearly, employers need to be mindful of these new laws which are being enacted all over the country.

COPYRIGHT © 2022, STARK & STARKNational Law Review, Volume IX, Number 214
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About this Author

Scott Unger, Litigation Attorney, Stark Law Firm
Shareholder

Scott I. Unger is a Shareholder and member of Stark & Stark’s Litigation Group where he concentrates his practice on litigation arising out of business and commercial disputes. Mr. Unger regularly counsels business owners on the prosecution and defense of minority oppression litigation (corporate divorces), breach of contract cases, uniform commercial code (U.C.C.) litigation, consumer fraud claims, appellate practice, and estate litigation. Mr. Unger has extensive experience litigating cases in a variety of jurisdictions, including, New Jersey, New York, Pennsylvania, Ohio,...

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