March 20, 2019

March 20, 2019

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March 19, 2019

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March 18, 2019

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Will New Jersey Be Next to Jump on the (Wage History) “Ban” Wagon?

New Jersey is moving closer to enacting a law that would prohibit employers from inquiring about applicants’ salary histories. The bill, passed in the Democratic-controlled state Assembly and now the state Senate, is one of several similar bills that have passed or are being considered across the country.  Governor Chris Christie now will decide whether to sign the bill into law.

The proposed legislation would amend New Jersey’s Law Against Discrimination to prohibit employers from (1) screening a job applicant based on the applicant’s wage history, including by requiring that an applicant’s prior wages, salaries or benefits satisfy any minimum or maximum criteria, or (2) relying on an applicant’s salary to determine a salary amount for the applicant at any stage in the hiring process, including finalizing an employment contract. Employers also would be prohibited from asking about the salary history, including compensation and benefits, of a job applicant, unless except that an employer may seek the salary history if the prospective employee voluntarily, without employer coercion, provides the employer with written authorization to do so.

Delaware, MassachusettsNew York CityOregon, Philadelphia, and Puerto Rico have passed similar laws, and a number of other jurisdictions, including California, Illinois, North Carolina, Pennsylvania, and San Francisco, have proposed similar bills.

As these types of laws are introduced and passed across the country, employers should review their employment application forms and hiring processes to ensure compliance with the new laws.

Jackson Lewis P.C. © 2019

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About this Author

K. Joy Chin, Jackson Lewis, wage benefits lawyer, affirmative action attorney
Principal

Joy Chin is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining the firm in 1995, her practice has been devoted exclusively to employment law and related litigation and the firm’s regulatory practice.

Ms. Chin has litigated matters before local, state and federal administrative agencies and in state and federal courts. Ms. Chin is a frequent speaker on affirmative action and creating lawful diversity programs and spends much of her time counseling employers on issues relating to diversity,...

631-247-4613
Stacey A. Bastone, Jackson Lewis, EEO-1 classifications lawyer, compensation analyses attorney
Associate

Stacey A. Bastone is an Associate in the Long Island, New York, office of Jackson Lewis P.C. She assists companies in the preparation of affirmative action plans for federal contractors including job group analyses, EEO-1 classifications, utilization analyses, compensation analyses and adverse impact analyses.

In addition, Ms. Bastone successfully has defended federal government contractors during audits conducted by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) including claims of pay inequities and disparate impact in employee selection practices. She works closely with national clients to design and implement affirmative action compliance procedures relating to recruitment, applicant tracking, compensation systems and other diversity and affirmative action compliance obligations.

(631) 247-0404