❌ You cannot:
Screen based on compensation history
Require prior compensation satisfy certain minimum or maximum criteria
Investigate prior salary
Retaliate against an applicant who refuses to disclose salary history
✅ You can:
Consider voluntarily disclosed salary history information in determining a salary, but not in making a hiring decision
Confirm pay history after an offer of employment has been made (offer must include details on compensation package; written authorization must be obtained from applicant)
The following sites provide additional resources and information.
Assembly, No. 1094 (Legislature)
New in 2020: New Jersey enacts salary history ban (Workest, Jan. 8, 2020)
New Jersey joins the salary history ‛ban’ wagon (Duane Morris, Aug. 8, 2019)
New Jersey joins jurisdictions banning salary history inquiries (Ford Harrison, July 30, 2019)
The resources available here are for informational purposes only and do not constitute legal advice or opinions. For legal advice, please consult with your employment counsel directly.