December 6, 2022

Volume XII, Number 340

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December 06, 2022

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December 05, 2022

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Zip Your Lips: New Jersey Employers Banned From Asking Salary History

On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. This law, signed by Acting Governor Sheila Oliver and effective January 1, 2020, will make it unlawful for private employers to ask job applicants about their salary history (prior wages and commissions), benefits, and other compensation. Employers will also be prohibited from requiring that an applicant's salary history satisfy certain minimum or maximum requirements.

Employers will only be allowed to consider salary history in a few, limited instances, including if an applicant voluntarily discloses salary history. Another key detail: After–and only after–an employer has made an offer of employment that includes the compensation terms, an employer may request written authorization from the applicant to confirm salary history.

Employers who violate the law can be fined up to $1,000 for a first offense, $5,000 for a second offense, and $10,000 for violations thereafter.

Copyright © by Ballard Spahr LLPNational Law Review, Volume IX, Number 211
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About this Author

Denise Keyser Employment Law Attorney Ballard Spahr
Partner

Denise M. Keyser has more than 30 years of experience representing national, regional, and locally based businesses in labor and employment matters, including traditional labor law (such as collective bargaining and arbitrations), OSHA, ERISA, wage and hour, employment-at-will, wrongful discharge, discrimination, management training, executive compensation, and affirmative action.

856-761-3442
Meredith Dante, labor and employment lawyer, Ballard Spahr
Partner

Meredith S. Dante represents employers across industries including retail, consumer products, hospitality, financial services, technology, life sciences, health care, manufacturing, and higher education in a broad range of labor and employment disputes. She partners with clients to proactively identify issues and devise legal solutions that are specifically tailored to the client's workforce and business needs. She regularly advises clients in matters involving discrimination, whistleblower complaints and retaliation, wage and hour issues, reductions in force, compliance...

215-864-8132
Jessica Federico, attorney, Ballard Spahr Law Firm, Minneapolis, MN
Associate

Jessica Federico is dedicated to providing advice to employers who are navigating the challenging and ever-changing landscape of employment law. She counsels employers on defense of discrimination claims, wage and hour disputes, employee termination, internal I-9 audits, and filing petitions for employment-based immigrant and non-immigrant visas.

Prior to law school Jessica worked for several legal services providers in the Twin Cities, assisting immigrants in removal of defense, family based immigration, and humanitarian relief.

...

612-371-3227
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