Illinois Salary History Ban Webinar
Highlights: • 20 years in staffing • Worked with clients through implementation of major legislation, including: • Ban the Box • Affordable Care Act Sirmara Campbell
Agenda • What is the salary ban? • Why was it implemented? • What happens if you don't comply? • What you should be doing now to prepare • Questions you can and cannot ask • Compensation data resources • Things to remember
Salary History Overview: • IL employers cannot ask job applicants or their previous employers about salary history • Illinois employers cannot require employees to sign a contract or waiver prohibiting them from discussing compensation with other employees
States this affects 17 state-wide bans, 19 local bans • • Alabama Mississippi • • California Missouri • • Colorado New Jersey • • Connecticut New York • • Delaware North Carolina • • Georgia Ohio • • Hawaii Oregon • • Illinois Pennsylvania • • Kentucky Puerto Rico • • Louisiana South Carolina • • Maine Utah • • Maryland Vermont • • Massachusetts Washington • • Michigan Wisconsin
Non-Compliance • If an employer violates, the applicant / employee can sue and seek to recover damages up to $10,000 • In addition, the law is subject to civil penalties of up to $5,000 for each violation • Statute of limitations are five years
Training Train your training team, hiring managers and recruiters: • Cannot ask questions pertaining to previous pay or benefits • Share resources to audit pay practices and compensation according to market data
Recommendations • Review job applications – remove questions eliciting salary history information • Review handbooks, policies, and employment agreements to ensure they do not prohibit employees from discussing compensation information with other employees. • Display labor law posters with salary ban regulations in locations that job interviews are conducted and where your human resource team frequents. • Post salary ranges for positions • Set up a system to document how hourly wage and salary amounts are determined for new employees
Don't Ask: Do Ask: • How much were you earning in • What salary are you your past role? comfortable with? • What was your bonus potential • What compensation and in your last role? benefits are you seeking? • What was your on-target • What are your expectations for earnings (OTE) in your most pay in this role and why? recent roles?
Exceptions 1. The employee's wage / salary information is a matter of public record through the Freedom of Information Act or is otherwise publicly available 2. The applicant is a current employee applying for another position with the same employer
What's more important than ever... 1. References 2. Skills based assessments 3. Projects / Assignments 4. Examples of Work – Focus on results
Resources
hr@lasallenetwork.com 312.419.1700
Recommend
More recommend
