EMPLOYER ALERT: It May Soon Be Illegal to Ask Potential Employees to Disclose Their Previous Salary
On August 1, 2016, Massachusetts became the first state to bar employers from asking about an applicant’s salary before offering them a job. Bill S.2119, which goes into effect January 1, 2018, states that it shall be an unlawful practice for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer. The law does not prohibit prospective employees from voluntarily disclosing such information. Further, an employer may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated.