Recently, Acting Governor Sheila Y. Oliver signed A1094 into law, which will prevent employers from asking about workers' wage and salary history. A1094 makes it an unlawful employment practice in New Jersey for any employer to screen a job applicant based on their salary history, including prior wages, salary, commission, benefits or any other current or previous compensation. The law is designed to ensure that employees in the state receive salaries that are commensurate with their skills, qualifications, and experience.
Under the new law, any employer who attempts to ask or obtain applicants salary history will be subject to a civil penalty of no more than $1,000 for a first offense, $5,000 for a second violation and $10,000 for any subsequent violations.
With a stroke of a pen, the panoply of pre-employment legislation has grown significantly. Coupled with “Check the Box” legislation, employers must be as cautious as ever in conducting interviews and performing due diligence on prospective employees. At Lavery Selvaggi, Abromitis & Cohen, P.C., our employment attorneys will help businesses navigate the increasingly complex world of employment law.