Legal Blog

Telebriefs®: Can Employers Ask Job Applicants to Disclose Prior Salary History?

job interviewOn January 23rd, Philadelphia became the first city in the United States to ban employers from asking job applicants to disclose their prior salary history. Similar bills have been introduced in other states, so it is possible that this could become a trend. The motivation behind the new, Philadelphia statute is predicated upon the assumption that it will improve wage equity. Despite the articulated motivation for the statute, there is no present definitive evidence whatsoever that asking prospective employees about their current compensation contributes in any way to wage inequities. Under this new law (effective 120 days from its signing) companies still may ask job applicants what their salary expectations are. It is unclear whether employers can receive a job applicant’s salary history through a third-party, such as a hiring agency. The new law will not prohibit an applicant from voluntarily disclosing their prior salary history. To learn more about this new law and where similar legislation may be heading next, listen to this week’s Telebrief here.

 

Also in this week’s Labor and Employment Telebrief: President Trump’s freeze on new or pending regulations and the probability of mandatory paid sick leave in the state of Maryland.

ABOUT THE TELEBRIEFS®

Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company.  Our guarantee: You will learn something useful, on every call! If you have any questions regarding  labor and employment issues, please contact

Howard Kurman: hkurman@offitkurman.com | 410.209.6417

ABOUT HOWARD KURMAN

Howard Kurman Casual-SmallHoward K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

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