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“Pay Equity” Bill, Prohibiting Salary Inquiries of Applicants, Passes General Assembly

Over the weekend, the General Assembly approved a bill prohibiting employers, including the state and its political subdivisions, from asking, or directing a third-party to ask, about a prospective employee’s wage and salary history. I have previously discussed the measure here.  There were a few versions floating around and it was House Bill 5386 that carried the day (as amended). The prohibition does not apply in two situations: if the prospective employee voluntarily discloses his or her wage and salary history, or; to any actions taken by an employer, employment agency, or its employees or agents under a federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. While salary may not be inquired, the bill DOES allow an employer to ask about the other elements of a prospective employee’s compensation structure (e.g., stock options), but the employer may not ask about their value. The bill has a two ...

New Year, New Law: No Salary Inquiries of Job Applicants (Mostly)

January 1st is typically a time for new laws to kick in and 2019 is no exception. For employers, the biggest change is one that I discussed way back in May with amendments to Connecticut’s Pay Equity law. The new law prohibits employers from asking a job applicant his or her wage and salary history. But the prohibition does not apply in two situations: if the prospective employee voluntarily discloses his or her wage and salary history, or; to any actions taken by an employer, employment agency, or its employees or agents under a federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. While salary may not be inquired, the law DOES allow an employer to ask about the other elements of a prospective employee’s compensation structure (e.g., stock options), but the employer may not ask about their value. The bill has a two year statute of limitations. Employers can be found liable for compensatory damages, attorn...

Employment Law Checklist Project: Thou Shall Not Prohibit Employees From Talking About Their Salary

At our Shipman & Goodwin Labor & Employment Law seminar last week, one of the hot topics that got attendees talking was about minimum wage & overtime rules — both of which are in the midst of change. But my fellow partners brought up another law in that discussion that shouldn’t be overlooked.  And that provides a nice entry way into this week’s Employment Law Checklist Project #emplawchecklist. The law is set forth at Conn. Gen. Stat. Sec. 31-40z. The key prohibitions are set forth in subsection (b) as follows: No employer shall: (1) Prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily by such other employee; (2) Prohibit an employee from inquiring about the wages of another employee of such employer; (3) Require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of ...

National minimum pay in Poland: an increased increase?

There is a law in Poland guaranteeing minimum pay for work. There are rules how its amount is calculated and agreed. There are also upcoming elections in October 2019 which may unexpectedly influence its amount. The national minimum pay is reviewed annually. In 2018, for a full-time employee it was PLN 2100, increased in 2019 to PLN 2250 per month. What will it be in 2020? By 15 th June each year, the government proposes to the Social Dialogue Council (formed by the representatives of trade unions – employers – government) its suggested level of national minimum pay for the following year. The Council has then 30 days to agree the amount of the increase. The new national minimum pay is then announced in the Official Journal “Monitor Polski” by 15 th September each year, whether it is agreed by the Council or, in the traditionally more likely case of there being no agreement, it is decided unilaterally by the government. However, the government cannot unilateral...