Set to take effect on September 29, 2019, Illinois employers should be aware of the new law’s provisions in order to adjust their hiring practices before this September.

Once effective, Illinois employers will be prohibited from:

-Requesting or requiring wage or salary history from an applicant as a condition of being interviewed, considered for a job, or hired

-Seeking a job applicant’s wage or salary history from any current or former employer. (However, this does not apply if the applicant is a current employee seeking another position within the same organization, or if their salary history is available as a matter of public record)

It is not considered a violation if the applicant voluntarily and without prompting discloses their current or prior salary history, so long as the employer does not consider or rely on this voluntary disclosure as a a factor in determining whether to extend a job offer or in determining that individual’s wages/salary upon hire.

Employers who violate this new salary ban could be liable for covering compensatory damages, recover damages (including special damages up to $10,000), compensatory damages, injunctive relief, along with costs and reasonable attorney fees if an affected worker pressed charges.

“We are declaring that one’s history should not dictate one’s future, that no person should be held back from earning their true value because of how much money they were paid in a previous job,” Pritzker remarked during the bill-signing event.

To see more information and details of the bill, you can view updates of the bill here.

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Along with establishing equal pay standards, employers are also now prohibited from asking potential employees about their compensation history. These new requirements apply to any Oregon employer with one or more employees. To minimize risk of charges or damages, employers are able to complete a thorough survey every three years regarding their work force to demonstrate that employees doing similar work are being paid similar amounts.

This new change may open the door for a slew of pay increases or potential complaints and issues for employers if they are not ready to follow the new law requirements. The Bureau of Labor and Industries (BOLI) has opened up numerous free best practice guides for Oregon employers who want to best understand how to comply with the new employment statute. (You can check out the guides here)

The equal pay act protects the following classes:

-Race
-Color
-Religion
-Sex
-Sexual orientation
-National origin
-Marital status
-Veteran status
-Disability
-Age

The exceptions to the act for acceptable pay differences include:

-Seniority or merit
-Work location
-Education
-Training
-Experience
-Or a combination of these factors

To see the full amendment to the law you can go to oregon.gov here. If you are an employer in Oregon and have any questions regarding this new legislation, please view the document and resources above to see if your questions can be answered or email our customer service team.

The post Oregon Equal Pay Act: What Employers Should Know appeared first on Blueline.