Pay History is out for New Jersey Employers, Mostly…
2/10/20
By: Justin Boron As of 2020, New Jersey employers, in general, may no longer ask applicants past salary information. If they do, it constitutes an unlawful employment practice. See N.J. Stat. § 34:6B-20. New Jersey joins more than a dozen other states, the District of Columbia, Puerto Rico, and multiple local governments that have enacted…
The Ban is Back – New Life Given to Philadelphia’s Salary History Ban
2/10/20
By: Courtney Mazzio Back in 2017, Philadelphia was among the early adapters of the salary history ban that we see starting to trend nationwide. However, prior to the enactment of the Philadelphia wage equity ordinance, the Chamber of Commerce for Greater Philadelphia initiated an action against the City of Philadelphia, challenging the constitutionality of the…
City of Cincinnati Joins Growing Number of States and Local Governments To Adopt Salary History Ban
4/1/19
By: Bill Buechner, Jr. On March 13, 2019, the City of Cincinnati, Ohio adopted an ordinance prohibiting employers within the City of Cincinnati with 15 or more employees from inquiring about an applicant’s salary history (current or prior wage, benefits or other compensation) either on an application or during an interview. The ordinance also prohibits…
Department of Labor Unveils Its Long-Awaited Proposed Overtime Rule
3/11/19
By: Brad Adler On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited proposed rule that would revise the white collar overtime exemption regulations. In its proposed rule, the DOL proposed raising the minimum annual salary for exempt status from $23,360 to $35,308 (an increase in the weekly rate from $455 to…
Keeping A Watchful Eye On The FLSA Storm (And Hurricane Florence Too)
9/14/18
By: Brad Adler & Koty Newman Hurricane season has arrived. So, what are employers to do if they would like to keep their offices open, but employees do not want to work during the storm in the areas affected by the hurricane? What Are The Rules On Payment Of Exempt Employees’ Salaries? Generally, if salaried…
Do You Like Piña Coladas? What Questions Can An Employer Ask in Light of Recent Bans on Requests for Salary History Information?
10/31/17
By: Laura S. Flynn Massachusetts, Delaware, Oregon, California, New York City, Philadelphia and San Francisco have passed laws banning employers from asking applicants about their salary history. The intent behind the legislation is to discourage perpetuation of the gender wage gap. Many employers are unclear as to what they are allowed to ask potential employees.…