Pay History Bans Reminder

Pay history bans in Delaware and California will soon take effect, even as other states are considering similar bills that would prohibit employers from asking about an applicant’s pay history.

Delaware’s law, which we discussed in further detail in our July 2017 E-Update, takes effect on December 14, 2017, while California’s law takes effect on January 1, 2018. These states join Massachusetts and Oregon, which previously enacted such legislation. In addition, cities such as New York City, San Francisco, and Philadelphia have also passed similar bills (Philadelphia’s ordinance is on hold pending litigation). A number of other jurisdictions are considering pay history bans, and we can expect to see more laws at the state and local level taking effect over the next several years. Multi-state employers in particular should carefully monitor any developments in this area.