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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 ...