Nevada Sets New Restrictions Regarding Wage and Salary History

Senate Bill 293 imposes specific terms regarding the request and use of applicant wage/salary history by employers and employment agencies.

Under the new law, Nevada employers are prohibited from:

  • Seeking applicants' wage/salary history
  • Utilizing applicants' wage/salary history to determine whether to offer employment
  • Utilizing applicants' wage/salary history to determine pay rates
  • Refusing to interview, hire, promote, or employ an applicate or discriminating or retaliating against an applicant that does not disclose wage or salary history

"Wage or salary history" is defined as payments to an applicant for employment by the current or former employer of the applicant which includes any form of compensation and/or benefits.

While historical inquiries are impermissible, employers may ask about wage or salary expectations.

Furthermore, the law requires employers to disclose the wage/salary range for the position in question to applicants who have participated in the job interview process. Employers are also required to disclose the pay rate to existing employees who are seeking a position as a promotion or transfer. This is applicable if the employee:

  • Applies for the promotion or transfer
  • Completes an interview or has been offered the promotion/transfer
  • Inquires as to the wage or salary ranger for the promotion or transfer

Employers are encouraged to revisit existing internal hiring protocols to ensure all procedures align with current laws regarding wage history inquiry restrictions.

Posted: July 22, 2021

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