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Latest Compliance News

Nevada bans salary history inquiries

11/04/21

Author: ADP Admin/Monday, October 18, 2021/Categories: Compliance Corner

Nevada has enacted legislation (Senate Bill 293) that prohibits employers from taking certain actions relating to an applicant's salary history. Senate Bill 293 takes effect on Oct. 1, 2021.

Covered employers:

Senate Bill 293 covers all private employers and employment agencies (any person who regularly, with or without compensation, procures employees or opportunities for employees to work for an employer) in Nevada.

Senate Bill 293:

Beginning Oct. 1, 2021, Senate Bill 293 prohibits covered employers from:

  • Seeking an applicant's wage or salary history information
  • Relying on such information to determine whether to offer employment to, or the rate of pay for, an applicant; or
  • Refusing to interview, hire, promote or employ, or discriminating or retaliating against, an applicant who doesn’t provide such information.

Wage or salary history is defined as the wages or salary paid to or received by the applicant from their current or former employer, including any compensation and benefits.

Note: Employers or employment agencies may ask applicants about their wage or salary expectations for their intended role.

Employer requirements:

Under Senate Bill 293, a covered employer must provide the wage or salary range or rate for a position to:

  • An applicant who has completed an interview for the role; or
  • A current employee who has applied for a transfer or promotion, completed an interview for, or was offered, the new position, and requests such information.

Compliance recommendation:

Nevada employers should update their hiring policies and procedures to ensure compliance with Senate Bill 293.

 Please contact your ADP® Service Representative with any questions.