Archive for June, 2017

State and Local Restrictions on Obtaining Salary History

Tuesday, June 20th, 2017

State and Local Restrictions on Obtaining Salary History

Recent legal enactments have begun to restrict employer inquiries regarding an applicant’s salary/wage history. 

Many recent legal enactments have determined that it is an unlawful discriminatory practice for a firm, or an agent thereof, to ask about, or make a statement for the purpose of determining, the salary history of an applicant or to rely on the salary history, benefits or other compensation for such applicant, including during the negotiation of a contract.

While the focus has been on income disparity for women, these restrictions apply to all applicants regardless of gender, race, etc. 

Traditionally, enactments were made by various states (such as Massachusettes and California), but now legislative action is also at the municipal level (such as New York City NY and Philadelphia PA).  Monitoring major cities is complex, but effectively monitoring smaller municipalities is nearly impossible.  (The enactment of such laws by small cities and towns will have minimal to no news coverage that such an ordinance has been enacted.)

Take Away: A Matter of Fact no longer requests/verifies salary information on Employment Verification Reports.

Resources:

https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-salary-history.aspx

 

Los Angeles Fair Chance Notice

Tuesday, June 20th, 2017

Los Angeles Fair Chance Initiative for Hiring Notice

City contractors or private employers in the City of Los Angeles with 10 or more employees are now subject to new restrictions on how to deal with job applicant’s criminal histories.

The Los Angeles law, while limiting an employer’s ability to inquire about criminal history on the employment application, also mandates affirmative procedures for employer compliance, including a requirement that employers conduct the same eight-factor individualized assessment that the Equal Employment Opportunity Commission (EEOC) recommends employers consider before making adverse employment decisions based on an individual’s arrest or conviction history.

Take Away: Companies with Los Angeles-based employees or contractors should assess whether they are covered by the law, and if so, whether to revise their applications, offer letters, background check forms and notices, guidelines and documentation for the hiring process.

The Los Angeles Fair Chance Initiative for Hiring Notice is now included in A Matter of Fact’s sample Disclosure Acknowledgment and Authorization forms.

Resources:

https://www.littler.com/publication-press/publication/city-los-angeles-mayor-sign-long-awaited-%E2%80%9Cban-box%E2%80%9D-law