Salary History Ban Enacted in Hawaii

July 17, 2018

As more and more state and local governments adopt laws aimed at ending the cycle of pay discrimination, Hawaii is now the most recent state to follow suit. Under the new Hawaii law, employers are prohibited from inquiring into a job applicant’s salary history during the hiring process. Employers are further prohibited from relying on an applicant’s salary history to determine future compensation unless the employee discloses the information “voluntarily and without prompting.” “Salary history” is defined under the law as prior wages, benefits or other kinds of compensation. Certain exceptions exist for employees whose compensation is determined by a valid collective bargaining agreement. The law goes into effect Jan. 1, 2019.

Additional information on the law can be found here.

If you have any questions, please email LaborCompliance@castandcrew.com.

The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.

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