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New Jersey Becomes the Next State to Ban Salary History Inquiries

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Effective January 1, 2020:  New Jersey employers are prohibited from screening job applicants based on their salary history including, but not limited to, prior wages, salaries, or benefits and from requiring that the applicant’s salary history satisfy any minimum or maximum criteria. However, if an applicant “voluntarily, without employer prompting or coercion” provides the employer with salary history information, an employer may consider that information in determining salary, benefits, and other compensation for an applicant, and may verify the applicant’s salary history.  Additionally, applicants may provide salary history information to an employment agency, which can only be shared with potential employers with the express written consent of the applicant. New Jersey’s salary history law does not apply to: applications for internal transfer or promotion; actions taken by an employer pursuant to any federal law or regulation that expressly requires the disclo...

Illinois Employers May No Longer Ask About Salary History

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Effective September 29, 2019:  Illinois employers are prohibited from: (1) screening job applicants by requiring that the wage or salary history of an applicant satisfy minimum or maximum criteria, (2) requesting a wage or salary history as a condition of: being considered for employment, being interviewed, continuing to be considered for an offer of employment, an offer of employment or an offer of compensation, (3) requesting that an applicant disclose wage or salary history as a condition of employment, or (4) seeking the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer. The Illinois law does not apply if the job applicant’s wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same current employer. An employer or employment agency may still provide information about the wages, benefits, compensation, or ...