What You Need to Know About ‘Can’t Ask’ Salary Laws

I recently had a conversation with one of my clients about Can’t Ask salary laws which made me realize that many of you might not be aware of how they work.

A few areas across the country have recently passed Can’t Ask salary laws. Like any new law, it can be a little complicated, so let me simplify it for you.

Three states and one city have these laws in effect: California, Massachusetts, Delaware, and New York City. Oregon has passed a Can’t Ask salary law that will go into effect in January of 2019. Philadelphia also passed a Can’t Ask salary law, but that has been delayed due to some court actions.

Basically, the law prevents you from asking potential candidates applying for a position about their previous or current salary. When I say salary, that encompasses the entire compensation package. You are allowed to ask what their salary expectations are if they were to make a move or accept a position within your organization.

“You cannot ask potential candidates about their salary.”

Now, remember, this is not just for companies headquartered in that state; if you are filling any positions for your company within that state, these laws apply.

Can’t Ask salary laws are all-encompassing for companies and agencies.

If you do not follow these laws, you will get sued.

I’ve been studying this for quite some time. If you would like more information, just give us a call or send us an email. We would be happy to help you.