Hawaii Governor David Ige recently signed S.B. 2351 into law that would restrict employers from asking an applicant their salary history. With this new law employers would be prohibited from:
- Inquiring about an applicant’s salary history, whether by asking the applicant or the applicant’s current or former employer
- Searching publicly available records to ascertain salary history
- Relying upon salary history to determine an applicant’s compensation at any time during the hiring process, unless an applicant “voluntarily and without prompting” discloses salary history information
This new Hawaii law does not explicitly address coverage issues, such as how the law applies when the individual resides in one state, the job is in another state, and the employer’s headquarters is in yet another location, or situations involving a mobile workforce.
Much like ‘ban the box’ trend, laws banning salary history questions are gaining popularity among legislatures as methods to make the hiring process more “fair”. Employers should consider auditing their hiring procedures and forms on a regular basis to ensure that they remain legally compliant.
The law in Hawaii goes into effect on January 1, 2019.
Take a few minutes to review our guide on salary history laws:
A Guide to Salary History Laws at State and City Levels
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