Rhode Island to Ban Salary History January 2023
Special Announcement to all Rhode Island employers :
The State of Rhode Island passed a law (S 0270) amending the Rhode Island General Laws. This bill prohibits employers from seeking for, or asking from job applicants, their wage history. The law will be effective on 01/01/2023.
Among other things, the law makes the following an unlawful practice:
(a) No employer shall:
(1) Rely on the wage history of an applicant when deciding whether to consider the
applicant for employment;
(2) Require that an applicant’s prior wages satisfy minimum or maximum criteria as a
condition of being considered for employment;
(3) Rely on the wage history of an applicant in determining the wages such applicant is to
be paid by the employer, upon hire; or
(4) Seek the wage history of an applicant.
(b) Notwithstanding the provisions of subsection (a) of this section, after the employer
makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may:
(1) Rely on wage history to support a wage higher than the wage offered by the employer, if wage history is voluntarily provided by the applicant for employment, without prompting from the employer;
(2) Seek to confirm the wage history of the applicant for employment to support a wage higher than the wage offered by the employer, when relying on wage history as permitted in subsection (b)(1) of this section; and
(3) Rely on wage history in these circumstances to the extent that the higher wage does not create an unlawful pay differential based on the characteristics identified in § 28-6-18(a).
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 law can be found here: S 0270
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.