State of Minnesota Bans Salary History January 2024
Special Announcement to all Minnesota employers :
The State of Minnesota passed a law (the Omnibus Judiciary and Public Safety Appropriations Bill) amending the Minnesota Statutes. This bill prohibits employers from seeking for, or asking from job applicants, their wage history for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. The law will be effective on 01/01/2024.
Among other things, the law makes the following an unlawful practice:
An employer, employment agency, or labor organization shall not inquire into, consider, or require disclosure from any source the pay history of an applicant for employment for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant. The general prohibition against inquiring into the pay history of an applicant does not apply if the job applicant’s pay history is a matter of public record under federal or state law, unless the employer, employment agency, or labor organization sought access to those public records with the intent of obtaining pay history of the applicant for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant.
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 law can be found here: Laws 19.56.0
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.