24 FABRICARE forward with this candidate. However, if the answer is in the compensation ball park, this provides you with a basis for further discussion. (Cue the sound of a screeching halt.) Nevertheless, in some states and localities, all of this is about to come to a screeching halt. California, Massachusetts, New York City, and other locations have banned employers from asking about a candidate’s compensation history, and several other locations like Idaho, North Carolina, Pennsylvania, and Virginia are considering it. The states and localities covered by this at the moment are listed in the chart below. If you have business operations in one of these locations above, we recommend that you (a) remove any question dealing with pay history from your employment application and that you (b) not ask a candidate about his or her pay history during the employment interview. If you do not live in one of these locations, you may continue to ask for compensation history for the moment, but this may change. According to the National Conference of State Legislatures, many other states are considering legislation including Connecticut, Georgia, Idaho, Illinois, Iowa, Maine, Maryland, Mississippi, Montana, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Virginia, and Washington. On the federal level, Democrats have introduced a bill banning salary history questions but this proposed legislation has been stalled in committee so far. Here’s the link if you’d like to read it: https://www.congress.gov/bill/114th- congress/house-bill/6293/text. We tip our caps to Sissy Egan, our Vice President of Operations, for her research on this article. Compensation Management and Administration Program It seems clear that this idea of not asking for compensation history is a strong trend and we expect it to spread. According to our sources, the thinking behind it is that asking for pay history perpetuates continuing pay differences between men and women and, thus, could be gender discrimination. This underlines and emphasizes the importance of every employer having a comprehensive Compensation Manage- ment and Administration Program - complete with job descriptions, job evaluation, pay grades with minimums and maximums, and a performance evaluation system - upon which on which to base pay rates that are fair, equitable, and competitive. If you would like more information on this key service, please contact your Seay Management Consultant. We appreciate having you as a valued friend and client of our firm in this, our 52nd year of service, and look forward to talking with you soon. Remember . . . if you have an employment question or an employee issue that needs to be resolved and you want the best Human Resources Management advice available . . . you need to call . . . the Seay Team! DLI members receive 1 FREE hour of human resources consultation. DLI Members receive a free one-hour phone consultation with Seay Management, DLI’s human resources partner. Call the Seay team at 888-245-6272. State or Municipality Regulation Effective Date California Private and public employers are banned from asking January 2018 about acandidate’s pay history. Delaware All employers are banned from asking about a candidate’s pay history. December 2017 Massachusetts All employers are banned from asking about a candidate’s pay history. July 2018 City of New Orleans Individuals who interview to work for the City of New Orleans or January 2017 applicants of city contractors cannot be asked about their salary history. New York City Private and public employers are banned from asking about October 2017 a candidate’s pay history. Oregon All employers are banned from asking about a candidate’s pay history. January 2019 City of Philadelphia All employers are banned from asking about a candidate’s pay history. May 2017 Currently on hold due to lawsuit from the Chamber of Commerce. City of Pittsburgh Bans city agencies from asking about candidates’ pay history, but this 2017 only affects city employees, not private employers. City of San Francisco Individuals who interview to work for the City of San Francisco or January 2019 applicants of city contractors cannot be asked about their salary history. Puerto Rico Prohibits employers from asking about a candidate’s pay history. March 2018 Puerto Rico has specific Wage and Hour regulations that are different from the United States. BULLE TIN NO. 42