The job application process can be daunting, filled with questions and uncertainties. One of the most common questions that many job applicants in New Jersey grapple with is whether they need to disclose their past income when applying for new jobs.
In 2020, New Jersey passed a law prohibiting employers from screening job applicants based on their prior salary history. It also restricts them from requiring a job applicant’s salary history to satisfy any minimum or maximum threshold. This law addresses wage inequality and discrimination that can be perpetuated when future salaries are determined based on previous earnings.
The New Jersey law aims to close the wage gap between men and women who perform substantially similar work. By restricting employers from inquiring about an applicant’s past income, the law ensures that salaries are based on job responsibilities and the applicant’s skills, qualifications, and experience.
However, there are certain exceptions to this law. Employers can still consider salary history in determining salary, benefits, and other compensation, but only if applicants voluntarily provide such information. Additionally, after an offer of employment has been made, employers may verify salary history if an applicant voluntarily provides this information.
As a job applicant in New Jersey, knowing that you have a right to protect your salary history is crucial. If an employer asks about your past income, remember you are not obligated to answer. This law lets you focus on your qualifications and skills rather than past earnings.
What to Do if an Employer Violates This Law?
If you believe an employer has violated this law, you can file a complaint with the New Jersey Division on Civil Rights. They are responsible for enforcing this law and can penalize employers who violate it.
It is also essential to know that under this law, employers cannot retaliate against employees who file a complaint, disclose information about their job title, occupational category, and compensation, or take any other action protected under it.
A South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Can Help You Understand Your Rights
While navigating the job application process in New Jersey, remember that you are not required to disclose your past income. You may have legal options if an employer unfairly asks about your past earnings. Speak with a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC, today. Call 856-235-7075 or contact us online to schedule a free consultation. Located in Mount Laurel and Atlantic City, New Jersey, we serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.