Thanks to the 2018 Midterms, More States May Soon Ban Salary History Disclosures
Zachary Glaser Featured in The Legal Intelligencer
December 27, 2018 | Originally Published in The Legal Intelligencer
Is it legal for an employer to request information about a job applicant’s prior salary?
The answer to that question is not a simple yes or no but, increasingly, a matter of location and politics. Over the past few years, a number of states have been debating whether employers should be allowed to ask potential employees to disclose their salary histories. Opponents of the practice argue that by asking a candidate what she made at her last job, a company often propagates existing wage disparities, especially in regards to gender and race. Proponents maintain that historical salary information provides employers with the knowledge necessary to stay in business and remain competitive—and that banning disclosures can, in fact, hurt employees.
Nationally, this debate has been waged across party lines. Democrats tend to support bans on salary history requirements. Republicans tend to oppose them.
ABOUT ZACHARY GLASER
Zach Glaser concentrates his practice in the areas of labor and employment and business litigation. Zach’s broad litigation experience includes complex commercial matters, business torts, employment litigation and intellectual property disputes, including contract claims, defending employment discrimination claims, the enforcement of non-competition and non-solicitation agreements, federal and state unfair competition claims, defense of Fair Labor Standards Act claims, franchise and distribution disputes, lender liability and FINRA matters, professional negligence and medical malpractice defense, and all manners of intellectual property litigation, including trade secret matters, Computer Fraud and Abuse Act cases, e-commerce, trademarks, copyrights and patent litigation.
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