Most Read Contributor in United States, August 2016
Earlier this month, members of the New Jersey General Assembly
introduced legislation to prohibit employers
from seeking wage/salary histories from prospective employees.
Assembly Bill 4119 (“A-4119”) follows on the heels of
other states that are looking to take action
on this issue, as well as similar efforts at the federal level.
The public policy rationale often cited by legislatures in
passing these kinds of bills is that they may help close the gender
wage gap. The substantive discussion of whether these efforts are
effective is beyond the scope of this blog, so for our purposes, we
are focusing solely on the effect this legislation would have on
Specifically, A-4119 would make it an unlawful employment
For any employer to seek the wage or salary history of a
prospective employee, or require, as a condition of employment,
that an employee disclose information about either the
employee's own wages, including benefits or other compensation,
or about any other employee's wages; and for any employer to
require that a prospective employee's prior wage or salary
history meet any minimum or maximum criteria as a condition of
being interviewed, or as a condition of continuing to be considered
for an offer of employment.
As far as such things go, this is a broad prohibition —
and one that would subject employers to liability under New
Jersey’s Law Against Discrimination.
In addition to the text above, there are three other provisions
to note. First, the bill also notes that it would not prohibit
prospective employees from volunteering wage/salary history, as
long as that disclosure was not coerced by the prospective
employer. Second, employers are only permitted to confirm (or
permit the would-be employee to confirm) wage/salary history
after making an offer of employment. Third, A-4119
also includes an anti-retaliation provision.
As with all proposed legislation, standard disclaimers apply:
this is the bill in its current form, which may or may not
ultimately be enacted, and which may or may not be amended to
varying degrees if it is ultimately enacted. We will continue to
monitor this legislation and provide any relevant updates should it
move in the New Jersey Legislature.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
In the article, "Three Handbook Policies to Rethink Immediately," featured in the September 2016 edition of WCR, Attorneys Wendy Coats and Rochelle Nelson discuss three policies restaurants should consider removing from their employee handbooks immediately
It is commonly understood that under the FMLA, an eligible employee of a covered employer is entitled to 12 workweeks of leave during a 12-month period for the birth of a child, the placement of a child for adoption or foster care, . . .
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).