Alabama Becomes Latest State To Restrict Salary History Inquiries | JD Supra (2024)

FAQs

Alabama Becomes Latest State To Restrict Salary History Inquiries | JD Supra? ›

The new law takes effect August 1, 2019. Unlike laws in some other states, the Alabama law does not bar employers from asking for salary history information, but prohibits employers from refusing to interview or hire applicants who decline to provide such information.

Unlike most states with salary history bans, where the employer is outright banned from inquiring about salary history, Alabama's law allows employers to inquire about applicants' salary history—they just can't discriminate based on an applicant's refusal to provide his or her wage history.

Under the act, Alabama employees may reveal and discuss their compensation. However, employers are not obligated to disclose salary ranges for job openings or reveal wage information to applicants or employees. Employers aren't allowed to retaliate against employees for sharing their salary histories.

Job interview: Can they ask about my salary history? California Labor Code 432.3 bars employers from asking job applicants about their salary history when applying for a position. Furthermore, the law employers are also required to provide a pay scale for the position if the applicant requests one.

During an interview where the question is allowed

Alison Green of Ask A Manager recommends redirecting the question to what salary range you're seeking, with language like: “I keep that information confidential, but the range I'm looking for now is …”

California has one of the strongest laws. Private and public employers cannot ask your salary history, and even if they have the information, they cannot use it in setting your pay.

California has one of the strongest laws. Private and public employers cannot ask for your salary history information; even if they have it, they cannot use it to set your pay.

Besides asking if the former employee is eligible for re-hire, employers may ask additional questions, such as “What were the circ*mstances surrounding his termination?” They may also ask “Is she/he under a non-compete contract or are they free to come to work for us because we're in the same industry?” This ...

There currently are no federal laws against asking these questions, but many states and localities have enforced salary history bans to help eliminate pay discrimination. These prohibit employers from asking job candidates for information about their salary history.

What are the rights of employees in Alabama? ›

You and your coworkers have the right to meet and discuss workplace issues, including whether or not to be represented by a union. Employers cannot threaten, discriminate against, or otherwise take action against you for organizing or talking with your coworkers about working conditions.

Employers cannot prospectively restrict or prohibit you from talking to co-workers about your wages. You may have such discussions when not at work, when you are on break, and even during work if you are otherwise allowed to have other nonwork-related conversations.

How does salaried pay work in Alabama? Salaried pay in Alabama involves an agreed-upon annual or monthly salary. Salaried employees receive a fixed amount of pay regardless of hours worked, except for non-exempt salaried employees who are eligible to receive overtime compensation.

California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay.

Asking job applicants for their salary history has long been a common part of the hiring process, and employers have historically used that information to decide what a candidate is "worth" on the market.

California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay.

The new California law prohibits employers from asking about salary history information, including “compensation and benefits.” Employers cannot ask about the value of an applicant's benefits, such as equity, health insurance, or other monetary benefits.