Labor and Employment Law Blog

Voting on Marijuana in 2018: Medical or Recreational?

Will a marijuana issue be on your ballot this year? The state-by-state approach to medical and recreational marijuana means voters in at least four states will consider revisions to their laws on marijuana.  For employers with nationwide workforces or employees in multiple states, this means the prospect for more changes, which are not necessarily uniform, […]

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JL
Partner

California Bans Inquiries About Salary History During Hiring Process

The California Legislature recently enacted Assembly Bill (AB) 168, impacting the types of questions employers may ask job applicants about their prior salary information, effective January 1, 2018. AB 168 makes it unlawful for employers to ask applicants – either orally or in writing – about their prior salary information in determining whether to offer […]

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JY

Why Asking About Salary History Is Risky Anywhere

There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly. The premise behind […]

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JK
AC

Arizona Governor Signs Ban-the-Box Measure for State Employment

On November 6, 2017, Arizona Governor Doug Ducey signed an Executive Order (EO) implementing a “ban-the-box” initiative for applicants of employment with the State. Ban-the-box initiatives eliminate questions about a prospective employee’s criminal convictions and history on job applications.  These initiatives have been gaining steam across the U.S. and, more recently, Arizona. The State of […]

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CM
Former Associate

CA Law Prohibits Reliance on Salary History

Last week, in a law designed to narrow the gender wage gap, California Governor Jerry Brown signed into law AB 168, which prohibits all employers[1] from relying on the salary history information of an applicant to determine: (1) whether to offer employment or (2) what salary to offer.  An employer “shall not, orally or in […]

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KR
Former Associate

Think Before You Ask: New Laws Banning Employers From Asking Job Applicants About Their Salary and Wage History

Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To promote fair employment practices and close the pay gap for women and people of different […]

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JY

Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies

The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in protected concerted activity pursuant to the National Labor Relations Act (“NLRA”).  Two other federal courts […]

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BH
Of Counsel