State of Hawaii to Prohibit Salary History Use in January 2019

(Last Updated On: July 16, 2018)

Special Announcement to all Hawaii employers:

 The State of Hawaii passed a law, Senate Bill 2351, amending the section 2, chapter 378, of the Hawaii Revised Statutes which prohibits employers from seeking for, or asking from job applicants, their wage history.  The Governor of Hawaii signed the law on July 6th, 2018 and it will be effective on January 1st, 2019.

The law makes the following an unlawful practice:

  • Inquire about the wage history of an applicant for employment; or
  • Rely on the wage history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract.

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: Hawaii Senate Bill 2351

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


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