Employers Prohibited from Review of Prospective Employee’s Pay History for New Salary
Effective October 1, 2021, SB-293 prohibits Nevada employers or employment agencies from engaging in specific practices related to a potential employee’s pay history. Specifically, this bill prohibits an employer or employment agency from requesting that a potential employee provide wage or salary history, as well as refusing to interview, hire, or promote an applicant based on the applicant’s refusal to provide wage or salary history. Further, if employers or employment agencies are provided an applicant’s wage or salary history, they are prohibited from relying on such history to determine whether to extend an offer of employment or to determine a pay rate for an applicant.
In addition to these prohibited practices, SB-293 requires employers or employment agencies to provide applicants who have completed an interview with the wage or salary range related to the position for which the applicant has interviewed or the wage or salary range for a promotion or transfer related to a new position based upon satisfaction of certain conditions. Employers or employment agencies are, however, able to ask an applicant about his or her wage or salary expectation related to the position for which they are applying.
For further information about employer requirements and prohibitions regarding an applicant’s wage or salary history, please contact MOBO or visit the website here.