State of Maine to Ban use of Salary History September 2019


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Special Announcement to all Maine employers :

The State of Maine passed a law (LD 278, SP 90) amending the Maine Revised Statutes. This bill prohibits employers from seeking for, or asking from job applicants, their wage history. The Governor of Maine signed the law on 04/12/19 and it will be effective on 09/17/2019.

Among other things, the law makes the following an unlawful practice:

For employers to inquire, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective.

An employer or employment agency may inquire about or seek compensation history of an employee or prospective employee after an offer of employment that includes all terms of compensation has been negotiated and made to the prospective employee. If an employee or prospective employee has voluntarily disclosed compensation history information, without prompting by the employer or employment agency, the employer or employment agency may seek to confirm or permit a prospective employee to confirm such information prior to an offer of employment.

This law will require a review of the hiring process in place, including any documentation or forms that all applicants must complete, and may require changes to that process.

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

The complete text of the legislation can be found here:

https://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0090&item=3&snum=129

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.